[WSBARP] Bargain & Sale Deed - Push Back - Friday Rant
Kary Krismer
Krismer at comcast.net
Sun May 6 08:47:46 PDT 2018
First, I just wanted to say how much I enjoyed the "Friday Rant." Maybe
it can replace the now defunct Friday Humor, but it seemed to be a good
topic and had a good discussion.
Second, I just realized that the language I quoted below was the second
version of the language added after Alejandre v. Bull. The first
version was much more problematic for agents/buyers/sellers.
Kary L. Krismer
John L. Scott/KMS REnton
206 723-2148
On 5/4/2018 1:42 PM, Kary Krismer wrote:
>
> That didn't stop them with that (stupid unnecessary) language about
> having contractual tort liability for form 17 errors that came out
> after Alejandre v. Bull. I'm surprised I've not heard of any agent
> liability resulting from that language. For those of you who may have
> forgotten:
>
> "y. Disclosures in Form 17. If Seller provides Buyer with a
> disclosure statement pursuant to RCW 64.06 (Form 17), Buyer may bring
> an action in tort to recover economic losses resulting from
> intentional misrepresentations in Form 17; and if the parties so agree
> in Specific Term No. 9, Buyer may bring an action in tort to recover
> economic losses resulting from negligent errors, inaccuracies, or
> omissions in Form 17. . . . If, in Specific Term No 9, the parties
> agree that Buyer will not have a remedy for economic loss resulting
> from negligent errors, inaccuracies, or omissions in Form 17, then
> Buyer assumes the risk of economic loss that may result for Seller's
> negligent misrepresentation in Form 17. . ...
>
> Even the handout that was to be given didn't help.
>
> Kary L. Krismer
> John L. Scott/KMS Renton
> 206 723-2148
> O
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