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

[RebeccaWiess]

Nope. FHA and VA may prohibit same, but not the RCW. Buyer pays is most
common when buyer is getting a good deal and both parties know it. Seller
improves seller's position by having buyer pick up assorted closing costs
ordinarily paid by seller, and buyer is happy to pay if the deal is still
good, lest someone else swoop in on the deal. Evaluate accordingly. 

Rebecca the retired

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of 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.