[WSBARP] NWMLS Form 35

Mon Oct 7 19:47:02 PDT 2019

I'm pretty sure that the seller is on notice of anything sent to their 
agent, even if their agent never opens the attachment to the email (or 
maybe even the email).  This Washington Realtors video (pre-amended Form 
35) touch on that at the beginning (and then goes into some strategies 
to avoid getting the report--again pre-amended Form 35).

https://www.youtube.com/watch?v=kT2edLWI4bc

I'm not sure if this also applies post-mutual acceptance, but in the 
context of receiving offers, the agent is required to give all offers to 
their client, including extraneous stuff like "love letters."  That's a 
slightly different issue though--what is required to be transmitted as 
opposed to what is the effect of receipt without transmission.

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

On 10/7/2019 4:42 PM, nestor at pplsweb.com wrote:
>
> 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
>
> *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, you must not 
> review, retransmit, convert to hard copy, copy, use or disseminate 
> this e-mail or any attachments to it. If 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 is a reply to a prior message, some or all of the contents 
> of this message or any attachments may not have been produced by the 
> sender.*
>
> **
>
> *P****Please consider the environment before printing this e-mail.*
>
> *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/>
>
> 92 Lenora St. (The Makers Space, a shared work environment)
>
> Seattle WA 98121
>
> Office/Cell: (206) 369-5949   Fax: (206) 770-7328
>
> @LawyerBroker <https://twitter.com/LawyerBroker>
>
> How to Buy Without an Agent 
> <http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent> | 
> How to Sell FSBO 
> <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE 
> Glossary 
> <http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential 
> electronic communication encompassed by 18 USC 2510. It is for the 
> sole use of the intended recipient and receipt by anyone other than 
> the intended recipient does not constitute a loss of its confidential 
> or privileged nature.  Any review or distribution by others is 
> strictly prohibited. If you are not the intended recipient please 
> inform the sender and destroy all copies.
>
> 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
>
>         www.dillelaw.com <http://www.dillelaw.com/>
>
>     ***Disclaimer: Please note that RPPT listserv participation is not
>     restricted to practicing attorneys and may include non-practicing
>     attorneys, law students, professionals working in related fields,
>     and others.***
>
>     _______________________________________________
>     WSBARP mailing list
>     WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
>     http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191007/14d81cac/attachment.html>