[WSBARP] NWMLS Form 35

[Kary Krismer]

Looking at Form 35 again it doesn't appear the recommendation needs to 
be part of the report.  So the inspector could just send a letter or email.

If it is part of the report, only send the cover page and relevant 
page(s).  It's considered poor form to send a listing agent the entire 
inspection report, and you might end up with a PO'd LA and seller.  
Here's a very recent video from Annie on that topic.

https://www.youtube.com/watch?v=kT2edLWI4bc

Kary L. Krismer
John L. Scott/Renton
206 723-2148

On 4/22/2019 9:54 AM, Kary Krismer wrote:
>
> 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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>> *P****Please consider the environment before printing this e-mail.*
>>
>> *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
>>         legally privileged. If you are not the intended recipient,
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>>         use or disseminate this e-mail or any attachments to it. If
>>         you have received this e-mail in error, please notify us
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