[WSBARP] Form 17 issue

[Craig Blackmon]

I dunno. At a minimum, you can argue that the signed and dated
acknowledgement constituted receipt of the "completed" form. If buyers
thought the form was incomplete, they shouldn't have acknowledged receipt
of it. But they did, and the three days ran. The more your facts are
consistent with "buyer's remorse" and not anything to do with the actual
Form 17, the stronger your argument.

That's what I'd argue if I were you. And I don't see any common law basis
for rescission.

Craig


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On Fri, Nov 4, 2016 at 6:05 PM, Douglas W. Scott <doug at davisscottlaw.com>
wrote:

> 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
>
>
>
> *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 <swhite8893 at aol.com>*
>
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