[WSBARP] NWMLS Form 35
Kary Krismer
Krismer at comcast.net
Mon Apr 22 10:03:24 PDT 2019
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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>> you 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
>> that if this e-mail message contains a forwarded message or
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>> this message or any attachments may not have been produced by
>> the sender.*
>>
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>>
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