[WSBARP] NWMLS Form 35

Mon Oct 7 16:42:22 PDT 2019

This is a curious situation. As I envisioned, this what meant to stop Buyer’s from coercing/blackmailing the Seller to capitulate or be forced to go through unnecessary inspections, disclosures etc. if the deal goes south.

I am curious. What a about where the Selling Agent discloses only to the Listing agent and the listing agent discloses to the Seller? Is notice to the Listing Agent Notice to the Seller? What obligations or duties do the Brokers have here- Selling to Buyer and Listing to Seller? 

Most of the time you have unsophisticated Buyers who are in the dark about this disclosure and innocently show these to their Broker to follow up on the Form 35. Most Buyers get the report and send to their agent and say have the “Seller take care of these”. Of course the Brokers jump the gun and close the circuit by delivering the report.

My guess is if the Seller prevails, then I see due to the disclosure of the report, the Selling Broker and possibly the Listing as the next party defendants.

Looking forward to seeing how this rodeo plays out.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Monday, October 7, 2019 3:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] NWMLS Form 35

If seller proceeds to perform, then the breach is waived and the contract is revived through continued performance. So no damages if seller performs. But seller has no duty to do so. Rather, seller has a solid contractual right to claim breach and thus entitlement to liquidated damages.

By my analysis, anyway. Nestor, please do report back....

CB

Craig Blackmon, Attorney at Law

Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/> 

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On Mon, Oct 7, 2019 at 3:02 PM Kary Krismer <Krismer at comcast.net <mailto:Krismer at comcast.net> > wrote:

A suit for damages, but where the sale closes the only damages to the seller might be from having been subjected to listening to their agent complain about the buyer's agent.  ;-)

I think the purpose of the language was to end a bad practice by some agents.  Actual provable damages might be rare.

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 10/7/2019 2:38 PM, Bryce Dille wrote:

So what if any remedy does the seller has if unauthorized disclosure of the inspection report is made especially if the deal closes?

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

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