[WSBARP] Follow up to Form 17-SOL
nestor at pplsweb.com
nestor at pplsweb.com
Mon Jul 23 10:30:40 PDT 2018
Thank you all for the thoughtful responses and confirming what I believed was that the Buyer was on very shaky footing on having a cause of action. The SOL was noteworthy, because if Buyer wanted to get a second opinion, I wanted to leave that open and let them know to get it sooner than later.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carmen Rowe
Sent: Monday, July 23, 2018 9:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Follow up to Form 17-SOL
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 < <mailto:Eric at sayrelawoffices.com> Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv < <mailto:wsbarp at lists.wsbarppt.com> 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
<https://docs.google.com/uc?export=download&id=0B-SsegebS6iBQmkwSkhNWFdCaWM&revid=0B-SsegebS6iBSWFDWVhkc3B3MURTV3h6QUR4OXJQUnhrRVp3PQ>
Phone: (360) 669-3576 (direct cell)
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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> ] On Behalf Of nestor at pplsweb.com <mailto: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.
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Message: 3
Date: Fri, 20 Jul 2018 13:46:43 -0700
From: Michael Safren <msafren at gmail.com <mailto:msafren at gmail.com> >
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >, "WSBA
Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBARP] Upcoming CLEs
Message-ID:
<CACXQqye_12pjG1KcOHcqmk+uMuJx-XPYs5P1pKbZqSwGvjALmQ at mail.gmail.com <mailto:CACXQqye_12pjG1KcOHcqmk%2BuMuJx-XPYs5P1pKbZqSwGvjALmQ at 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 <http://www.wsbarppt.com> website: http://wsbarppt.com/cles/
Kind regards,
Michael Safren
Web Editor, RPPT section
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Message: 4
Date: Fri, 20 Jul 2018 22:09:55 +0000
From: Ralph Maimon <rmaimon at maimonlaw.com <mailto:rmaimon at maimonlaw.com> >
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] simple question re EIN need
Message-ID:
<MWHPR01MB2735DC922A99954AE5EB9014BD510 at MWHPR01MB2735.prod.exchangelabs.com <mailto:MWHPR01MB2735DC922A99954AE5EB9014BD510 at MWHPR01MB2735.prod.exchangelabs.com> >
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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> <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.
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Message: 5
Date: Fri, 20 Jul 2018 15:40:24 -0700
From: Marvin Benson <marvinbensonlaw at gmail.com <mailto:marvinbensonlaw at gmail.com> >
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] simple question re EIN need
Message-ID:
<CACodssot2BnW6xNfw6Cp7VY_+J6GgaUsaTSF8oj10YPuNjoGuQ at mail.gmail.com <mailto:CACodssot2BnW6xNfw6Cp7VY_%2BJ6GgaUsaTSF8oj10YPuNjoGuQ at mail.gmail.com> >
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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 <mailto: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 <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.
>
>
>
> _______________________________________________
> WSBARP mailing list
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Message: 6
Date: Fri, 20 Jul 2018 22:49:59 +0000
From: Marcus Fry <mfry at lyon-law.com <mailto:mfry at lyon-law.com> >
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] simple question re EIN need
Message-ID:
<MWHPR14MB16933CFDFF0CC683650B62ADF6510 at MWHPR14MB1693.namprd14.prod.outlook.com <mailto: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:
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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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> <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.
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