[WSBARP] Bargain & Sale Deed - Push Back - Friday Rant

[Kary Krismer]

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