[WSBARP] NWMLS Form 35
Kary Krismer
Krismer at comcast.net
Mon Apr 22 09:54:10 PDT 2019
You could discuss the roof with the inspector and see if they would be
willing to to amend the report. Prior to doing buyer inspections I try
to know what the buyer is concerned about, or what they become concerned
about during the inspection, and I will ask the inspector to
specifically mention having a second person out to trigger the right. I
don't see any reason you couldn't talk to the inspector and ask for an
amended inspection, assuming the inspector doesn't see a reason not to
do so.
Kary L. Krismer
John L. Scott/Renton
206 723-2148
On 4/22/2019 9:45 AM, nestor at pplsweb.com wrote:
>
> 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
>
> *ATTENTION - This e-mail message and any attachment to this
> e-mail message may contain confidential information that is
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> must not review, retransmit, convert to hard copy, copy, use
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> 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
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