[WSBARP] Permit for a House flip

Wed Jul 3 08:11:01 PDT 2019

Just looking at the case in which the owner contracts with a registered contractor and does not superintend:   there seems to be a conflict between the section modified by the 2015 bill (18.27.010 definition of Contractor – owner need not register if hires contractor and does not superintend) and the 18.27.090(11) language cited by Bryce (exemption not applicable if owner owns for less than a year).  I wonder if the 2015 bill purposely left 090(11) alone – or if its drafters just missed it.    As a practical matter (as Bryce describes), it may not matter much – except to lawyers troubled by theoretical conflicts.  

Tim Giacometti, Attorney at Law

Real Estate & Business Law

P.O. Box 51117

Seattle, Washington 98115

Ph:  206-498-2236

 <mailto:tim at giacometti-law.com> tim at giacometti-law.com

 <http://www.giacometti-law.com/> www.giacometti-law.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, July 01, 2019 4:23 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Permit for a House flip

Yes I would agree. Its my experience that the house flipper  to save money doesn’t hire a general and then sits back but hires the specialty contractors like plumbers etc and supervises the work.

Bryce H. Dille | Attorney at Law

Dille Law, PLLC

P: 360-350-0270 | F: 844-210-4503

2010 Caton Way SW, Suite 101

Olympia, Washington 98502

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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 Paul Drayna
Sent: Monday, July 1, 2019 4:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Permit for a House flip

"Your client is required to be a registered contractor and is not exempt even if client hires registered contractor to do the work if property sold or leased within 12 month  RCW18.27.090(11)."

Really? I know that requirement was imposed in 2008, but I thought that was changed in 2015 by SBH 1749 <http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/1749-S.SL.pdf> , which omits from the definition of a contractor any owner who "contracts with a registered general contractor and does not superintend the work." If the flipper is personally running the project, then yes, agreed, they still need a license, even if they hire a GC. But if the flipper is just an investor who buys a house, and then hires a GC to do all the work, and the owner isn't personally supervising the work, license no longer required. No?

  <https://img.mysignature.io/p/b/4/8/b4819345-7842-5e2d-9cc5-b98ecd6375bb.png?time=1556574346> 

Paul S. Drayna

Attorney at Law

phone:   <tel:425-844-2575> 425-844-2575

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On Mon, Jul 1, 2019 at 10:30 AM Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > wrote:

Your client is required to be a registered contractor and is not exempt even if client hires registered contractor to do the work if property sold or leased within 12 month  RCW18.27.090(11). Therefore he must pull the permits and usually the permitting agency  requires the person applying show they are a registered contractor unless they state that they are the owner and will not sell or lease the property in the 12 month period.

Bryce H. Dille | Attorney at Law

Dille Law, PLLC

P: 360-350-0270 | F: 844-210-4503

2010 Caton Way SW, Suite 101

Olympia, Washington 98502

 <http://www.dillelaw.com/> www.dillelaw.com

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately. 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures

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 Jenny Ling
Sent: Monday, July 1, 2019 9:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Permit for a House flip

Hi All,

I have a returning client who was asking me about whether or not it was a good idea for him to pull the necessary permits for a house flip, or if he should just have the contractor do it.  

Thanks,

Jenny Ling, Esq.
Attorney and Counselor at Law

The Law Offices of Jenny Ling, PLLC
Enhancing Your Life Today, Securing Your Family for Years to Come 
14900 Interurban Ave. S., Ste 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 ext. 131 | E: jenny at jennylinglaw.com <mailto:jenny at jennylinglaw.com>  
www.jennylinglaw.com <http://www.jennylinglaw.com> | facebook.com/jennylinglaw/ <http://www.facebook.com/jennylinglaw/> 

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