[WSBARP] Follow up to Form 17-SOL

Mon Jul 23 09:52:00 PDT 2018

 I agree with Eric on the below answer to the question on SOL & Form 17.

I also agree with him that I think your buyer is out of luck ... to the
point I'd be very concerned in a suit about risk of attorney's fees costs
per the usual prevailing party provisions. If there is waiver, and no
affirmative representations there is no claim. I believe there is even a
case or so on point on buyer later realizing there are issues in
neighborhood. With that against you you're potentially even bumping up
against frivolous.

Date: Fri, 20 Jul 2018 20:43:08 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Follow up to Form 17-Statute of Limitations
Message-ID:

The Form 17 is expressly not part of the written agreement between the
parties, per RCW 64.06.020(3), so it can't be under the 6-year statute for
written contracts. I think it would be 3 years, as a negligent or
intentional misrepresentation.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Carmen Rowe, Attorney/Owner

Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

*Mailing address: *1673 S. Market Blvd. #202, Chehalis, WA 98532
*Olympia/Lacey office: *1415 College Street SE, Lacey, WA 98503
*Seattle office: *1001 4th Avenue, Suite 3200, Seattle, WA 98154

*We also offer virtual meeting options, and are often available to meet
with you in an alternate location convenient to you.*

*Privileged and confidential: *This message is confidential. If you receive
this message in error, please let us know, and please delete and disregard
any information it contains. We thank you for your respect in not sharing
this email with anyone.

If we are communicating with you regarding a debt or monies owed, THIS MAY
BE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION WILL BE USED FOR THAT
PURPOSE. You have the right to seek legal advice from an attorney. To the
extent that the Federal Fair Debt Collection Practices Act applies, this
firm is acting as a debt collector for the firm's client named above. Any
information obtained will be used for collection purposes.

> SAYRE LAW OFFICES, PLLC
> 1417 31st Ave South
> Seattle WA  98144-3909
> phone 206-625-0092
> fax 206-625-9040
>
> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] On Behalf Of nestor at pplsweb.com
> Sent: Tuesday, July 17, 2018 7:02 PM
> To: 'WSBA Real Property Listserv'
> Subject: [WSBARP] Form 17 for Unimproved -pre construction
>
>
> Buyer waives Form 17 under 64.06.015 and gets a "podunk" disclosure. As it
> turns out developer was aware of 4 story mixed use building next to the
> home he was building. Client of course finds out months after the purchase.
> Needless to say client is upset. First, anyone have a theory we can go
> after developer and second, what would be measure of damages and how do we
> quantify it?
>
> This is a very tall order.
>
> Nestor Gorfinkel, Attorney at Law
> Admitted to practice law in Washington & Florida
> Florida Civil-Law (International) Notary
> Puget Property Legal Services, PC
> 11900 NE First Street Suite 300
> Bellevue, WA 98005
> Tel. (425) 961-0519
> Fax. (888) 522-3601
>
> ATTENTION - This e-mail message and any attachment to this e-mail message
> may contain confidential information that is legally privileged. If you are
> not the intended recipient, you must not review, retransmit, convert to
> hard copy, copy, use or disseminate this e-mail or any attachments to it.
> If you have received this e-mail in error, please notify us immediately by
> return e-mail or by telephone at the phone numbers provided herein and
> delete this message. Please note that if this e-mail message contains a
> forwarded message or is a reply to a prior message, some or all of the
> contents of this message or any attachments may not have been produced by
> the sender.
>
> P Please consider the environment before printing this e-mail.
>
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/dec742fc/attachment-0001.html>
>
> ------------------------------
>
> Message: 3
> Date: Fri, 20 Jul 2018 13:46:43 -0700
> From: Michael Safren <msafren at gmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, "WSBA
>         Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
> Subject: [WSBARP] Upcoming CLEs
> Message-ID:
>         <CACXQqye_12pjG1KcOHcqmk+uMuJx-XPYs5P1pKbZqSwGvjALmQ@
> mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Hello Everyone:
>
> I wanted to let everyone know that the RPPT section is offering educational
> opportunities including a CLE on August 1st and Webinar on August 27th.
>
>  I've included the information about the upcoming CLEs below:
>
> *New Developments in Real Property CLE *
> *on August 1st, 2018. *
>
> In Person location: Washington State Bar Association, 1325 4th Ave Ste 600
> Seattle, WA 98101
> Webinar option available.
> CLE credits: 5 law and legal procedure + 1 ethics
> Summary:  From the continuing boom of the Washington and Puget Sound area
> real estate markets to the broad ranging overhaul of the federal tax
> regime, there is no shortage of new developments for the real estate
> practitioner to stay on top of. Join us for a seminar that will explore the
> impacts of the changes in the tax code on real estate owners and developers
> (and practitioners), recent developments in real property case law and
> fundamental skill development, among other topics.
>
> Lunch is included in your tuition courtesy of the RPPT Section
>
>
> *Free Webinar: Hot Topics in Residential Landlord-Tenant Law on August
> 27th, 2018 at 2:00 pm PST. *
>
> Details and link to participate will be posted on the RPPT website soon!
>
>
> You can click on this link to register for the CLE through the
> www.wsbarppt.com website:  http://wsbarppt.com/cles/
>
>
> Kind regards,
> Michael Safren
> Web Editor, RPPT section
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/922fe560/attachment-0001.html>
>
> ------------------------------
>
> Message: 4
> Date: Fri, 20 Jul 2018 22:09:55 +0000
> From: Ralph Maimon <rmaimon at maimonlaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] simple question re EIN need
> Message-ID:
>         <MWHPR01MB2735DC922A99954AE5EB9014BD510 at MWHPR01MB2735.prod.
> exchangelabs.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
>
> List servers
>
> I am telling my client who is transferring her estate into a revocable
> living trust that she needs an EIN.  She says her two sisters, who are also
> doing the same, are just using their SSNs and not getting EINs.
>
> Thoughts on this?  I am glad to be wrong.
>
> Ralph Maimon
>
> Law Office of Ralph Maimon, P.S.
> 2811 E. Madison Street, Suite 202
> Seattle, WA 98112
> (206) 323-0911
> Fax: (206)462-1505
> www.maimonlaw.com<http://www.maimonlaw.com/>
>
>
> This email is confidential. If you have received it in error,
> please notify me and delete it from your device
> without reading.  Thank you.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/afa22af7/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.gif
> Type: image/gif
> Size: 2310 bytes
> Desc: image001.gif
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/afa22af7/image001-0001.gif>
>
> ------------------------------
>
> Message: 5
> Date: Fri, 20 Jul 2018 15:40:24 -0700
> From: Marvin Benson <marvinbensonlaw at gmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] simple question re EIN need
> Message-ID:
>         <CACodssot2BnW6xNfw6Cp7VY_+J6GgaUsaTSF8oj10YPuNjoGuQ@
> mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> When the trustor is trustee, she can continue using her social security
> number.
>
> Marvin Benson
>
> On Fri, Jul 20, 2018 at 3:09 PM, Ralph Maimon <rmaimon at maimonlaw.com>
> wrote:
>
> > List servers
> >
> >
> >
> > I am telling my client who is transferring her estate into a revocable
> > living trust that she needs an EIN.  She says her two sisters, who are
> also
> > doing the same, are just using their SSNs and not getting EINs.
> >
> >
> >
> > Thoughts on this?  I am glad to be wrong.
> >
> >
> >
> > *Ralph Maimon*
> >
> >
> >
> > Law Office of Ralph Maimon, P.S.
> >
> > 2811 E. Madison Street, Suite 202
> >
> > Seattle, WA 98112
> >
> > (206) 323-0911
> >
> > Fax: (206)462-1505
> >
> > www.maimonlaw.com
> >
> >
> >
> >
> >
> > This email is confidential. If you have received it in error,
> >
> > please notify me and delete it from your device
> >
> > without reading.  Thank you.
> >
> >
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/b8211e82/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image001.gif
> Type: image/gif
> Size: 2310 bytes
> Desc: not available
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/b8211e82/image001-0001.gif>
>
> ------------------------------
>
> Message: 6
> Date: Fri, 20 Jul 2018 22:49:59 +0000
> From: Marcus Fry <mfry at lyon-law.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] simple question re EIN need
> Message-ID:
>         <MWHPR14MB16933CFDFF0CC683650B62ADF6510 at MWHPR14MB1693.
> namprd14.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
>
> If it is a truly a revocable trust then it is a grantor trust and you do
> not need to get an EIN.
>
> Marcus J. Fry
> Lyon, Weigand & Gustafson, P.S.
> P.O. Box 1689
> Yakima, Washington  98907
> Telephone:  (509) 248-7220
> Facsimile:  (509) 575-1883
>
> NOTICES:
> Confidentiality: This e-mail transmission may contain information which is
> protected by attorney-client, work product and/or other privileges.  If you
> are not the intended recipient, you are hereby notified that any
> disclosure, or taking of any action in reliance on the contents, is
> strictly prohibited.  If you have received this transmission in error,
> please contact us immediately and return the e-mail to us by choosing Reply
> (or the corresponding function on your e-mail system) and then deleting the
> e-mail.
>
> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] On Behalf Of Ralph Maimon
> Sent: Friday, July 20, 2018 3:10 PM
> To: WSBA Real Property Listserv
> Subject: [WSBARP] simple question re EIN need
>
> List servers
>
> I am telling my client who is transferring her estate into a revocable
> living trust that she needs an EIN.  She says her two sisters, who are also
> doing the same, are just using their SSNs and not getting EINs.
>
> Thoughts on this?  I am glad to be wrong.
>
> Ralph Maimon
>
> Law Office of Ralph Maimon, P.S.
> 2811 E. Madison Street, Suite 202
> Seattle, WA 98112
> (206) 323-0911
> Fax: (206)462-1505
> www.maimonlaw.com<http://www.maimonlaw.com/>
>
>
> This email is confidential. If you have received it in error,
> please notify me and delete it from your device
> without reading.  Thank you.
>
> -------------- next part --------------
> An HTML attachment was scrubbed...
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/a1c02841/attachment-0001.html>
> -------------- next part --------------
> A non-text attachment was scrubbed...
> Name: image002.gif
> Type: image/gif
> Size: 2310 bytes
> Desc: image002.gif
> URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/
> 20180720/a1c02841/image002-0001.gif>
>
> ------------------------------
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
> End of WSBARP Digest, Vol 46, Issue 15
> **************************************
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20180723/50ebe402/attachment.html>