[WSBARP] Excise on Assignments (458-61A-104) & Assignment of Sale Agreements By Only Licensed Brokers (RCW 18.85)?

Rowley, Rob rob at rowleylegal.com
Thu Dec 19 10:46:16 PST 2019


Any experience with DOR or DOL taking the position that real estate
investors who assign purchase contracts must be licensed real estate
brokers (RCW 18.85)?  I have seen a recent inquiry by DOL of one of my real
estate investor clients. Clients who are in the business of getting
property under contract and then assigning the buyer's interest for
consideration that is typically only paid at the time of closing on the
settlement statement.  One of the complaints was by a disgruntled local
licensed real estate broker who is a competitor.

Also, it has always been my understanding that under WAC 458-61A-104 as to
the assignment consideration the seller does not pay excise but the
purchaser does pay.

Wanting to know what is going on statewide (if any) on these issues.

Thank you and Merry Christmas.

-- 
Robert R. Rowley
*Attorney & Counselor At Law*
p: 509.252.5074  m: 509.994.1143
f: 509.928.3084
a: 7 S Howard St, Ste 218, Spokane, WA 99201
w: rowleylegal.com  e: rob at rowleylegal.com
<https://www.facebook.com/rowleylegal?>
<https://twitter.com/ROBERTRROWLEY>
<https://www.linkedin.com/in/rob-rowley-b2017211/>

Practice concentrated on business, real estate and general legal matters in
Washington and Idaho. NOTICE: The contents of this message and any
attachments may be protected by the attorney-client privilege, work product
doctrine or other applicable protections. If you are not the intended
recipient or have received this message in error, please notify the sender
and promptly delete the message. Thank you for your assistance. DISCLAIMER:
You should recognize that responses provided by e-mail means are akin to
ordinary telephone or face-to-face conversations and do not reflect the
level of factual or legal inquiry or analysis which would be applied in the
case of a formal legal opinion. A formal opinion may very well reach a
different conclusion.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191219/09515dd3/attachment.html>


More information about the WSBARP mailing list