[WSBARP] NWMLS Form 35

Mon Apr 22 09:45:07 PDT 2019

What I find surprising is the fact that a licensed roofer is not in the category under the statute. Here a PC wants to send someone up for peace of mind, even though the report does not request additional inspections. Since PC is in the 10 days it appears that Buyer’s only recourse is to not approve the report and walk away.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: Annie Fitzsimmons <atfitz at comcast.net> 
Sent: Monday, April 22, 2019 9:27 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; nestor at pplsweb.com
Subject: Re: [WSBARP] NWMLS Form 35

HI Nestor - Kary is correct.  The Form 35 is drafted so that there are two distinct periods of inspection benefiting buyer.  There is the original  period which is ten days by default and there is an "Additional Inspection" period, typically five days by default.  The Additional Inspections period must be triggered by a recommendation from the original whole home inspector for an additional inspection.  

The initial inspection  period limits buyer to inspections that comply with the Home Inspector Statute, RCW 18.280.  That statute restricts inspections to licensed Home Inspectors and to inspections by licensed specialty subcontractors such as electricians and plumbers.  Kary is correct that there is no exemption for any category of roofer or roof inspector.  The Additional Inspections provision is drafted more broadly, however, and allows for contractors to access seller's home.  It seems that is what your buyer client needs.

That would require buyer gaining a written recommendation from buyer's original whole home inspector for further inspection of the roof.  Buyer would then attach that recommendation to a Form 35R, delivered to seller.  That delivery would trigger the Additional Inspections period and with that, seller has already agreed to allow access to the house by contractors, including a roofing contractor, who could make an evaluation and/or prepare a bid.

The form is drafted this way to prevent sellers from exposure to risks associated with unlicensed inspectors poking around seller's home.

Thanks - Annie

Annette T. Fitzsimmons P.S.
P.O. Box 65578 
Tacoma, WA 98464
253-460-2988/866-290-8362(fax)

On April 22, 2019 at 8:47 AM nestor at pplsweb.com <mailto:nestor at pplsweb.com>  wrote: 

Even though the inspector did not call out for additional inspections, we are still within the original time period. 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kary Krismer
Sent: Monday, April 22, 2019 7:11 AM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: Re: [WSBARP] NWMLS Form 35 

I'd be reluctant to copy the seller in either acting as a broker or an attorney.

But what is a roofing inspector?  There are home inspectors and their are roofing contractors.  I suspect your listing broker might be technically correct in that a licensed roofer is not exempt from licensing under RCW 18.280.  Why not have your inspector call out for additional inspection by a specialist under 1b?  You can then take your time with the additional five day (default) period.

Kary L. Krismer

206 723-2148

On 4/22/2019 6:33 AM, nestor at pplsweb.com <mailto:nestor at pplsweb.com>  wrote:

I just had a Broker refuse a PC to allow a roofing inspector under Form 35 paragraph 1.a., since it does not particularly state “roof”. I almost fell off my chair. The listing broker is the only Broker in this transaction. Would you recommend that I email the Broker and copy the Seller? PC doesn’t want to be confrontational.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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