[WSBARP] Form 17 issue

[Douglas W. Scott]

I guess the questions are:  did the buyer rescind based upon something generated from the unanswered questions?  Why didn’t the seller eventually complete those 2 answers?  Did the buyer ever ask that the seller complete them?

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stephen Whitehouse
Sent: Friday, November 04, 2016 12:14 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Form 17 issue

Listmates,
     I am looking for feedback on your experience with a Form 17  issue.
     The form was fully filled out except two answers were left blank. No issue was ever raised and now, four days before closing, buyer is rescinding on that basis.
     RCW 64.06.030 requires a "completed" statement. However, it also states that the buyer has two options to exercise within three days, to rescind or to approve and accept the statement. In this case the buyer approved and accepted.
     Has the buyer waived the defect, either statutorily, or under the common law? I understand there is some conventional wisdom emanating from the MLS that the buyer can rescind, but I think they tend to take conservative positions.
     Any thoughts?
     Thanks.

Steve

Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
swhite8893 at aol.com<mailto:swhite8893 at aol.com>
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