[WSBARP] May a PSA require buyer to pay REET?

[Josh Grant]

We have buyer’s paying all or sometimes 1/2 of REET frequently.  THe state law permits this.


From: Doug Schafer 
Sent: Thursday, September 01, 2016 11:14 AM
To: Solo & Small Firm WSBA Listserv ; WSBA RPPT Real Prop. Discussion Forum 
Subject: [WSBARP] May a PSA require buyer to pay REET?

I'm reviewing a PSA for a client offering to purchase from a lender a foreclosed home.  The seller's PSA form states that the buyer will pay all excise taxes on the transfer "unless explicitly imposed upon the Seller by applicable state law and such law does not permit assignment or payment by buyer."

RCW 82.45.080 explicitly imposes the real estate excise tax on the seller, but I'm not finding any provision the prohibits "assignment or payment by buyer" so it appears to me that this PSA provision will require the buyer to pay the REET.

Am I missing something?

Doug Schafer, in Tacoma. 



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