[WSBARP] Disclosure of sex Offender in Neighborhood

[Jeanne Dawes]

A transfer out of a probate is exempt from 64.06.
RCW 64.06.010(6).

Although the estate does not (and should not) provide a Form 17, if the issue is material fact or defect the seller still must disclose to buyer.  I don’t know whether that question would be considered a material fact.

PS,  I would caution about having a PR complete form 17 by not addressing each question, and instead just lining through the “I don’t know” column.  I think there could be a problem if the PR answers I don’t know when, in fact the PR does know.  I advise my PR’s not to complete Form 17 at all, but if they feel they must, then to carefully go through and answer each question to the best of their ability, and to not guess at any answer.  If they do not know so indicate.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kristina Driessen
Sent: Thursday, April 25, 2019 9:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Disclosure of sex Offender in Neighborhood

I think I found the answer in:


RCW 64.06.021<http://app.leg.wa.gov/RCW/default.aspx?cite=64.06.021>
Notice regarding sex offenders.
The notice regarding sex offenders under RCW 64.06.020<http://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020> does not create any legal duty on the part of the seller, or on the part of any real estate licensee, to investigate or to provide the buyer with information regarding the actual presence, or lack thereof, of registered sex offenders in the area of any property, including but not limited to any property that is the subject of a disclosure or waiver of disclosure under this chapter, or that is exempt from disclosure under RCW 64.06.010<http://app.leg.wa.gov/RCW/default.aspx?cite=64.06.010>.

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 Kristina Driessen
Sent: Thursday, April 25, 2019 8:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Disclosure of sex Offender in Neighborhood


Good Morning:

I have a probate where the home is for sale. Against my directions the PR [who does not live in the home] filled out the Form 17 with answers rather than “ I don’t know”  The first buyer backed out because they did a neighborhood search and found a sex offender in close range.  The question is: Now that we know of the offender is he obligated to tell the next purchaser?


Kristina A. Driessen
“A” Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

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