[WSBARP] HR 1951--Amendment to Seller Disclosure Statement

[Kary Krismer]

Fortunately the legislation that started this thread lacked legs.

But as to Kaitlyn's and Catherine's point, I wouldn't assume any change 
of facts leave a seller protected by Alejandre and Visser. For example, 
change the facts to a seller conducted inspection. What's lacking is any 
allocation of risk with an inspection contingency, absent maybe a waiver 
of inspection clause, but maybe not even then.  That will need to wait 
for future cases.

But in reality these decisions are not typically thought out decisions 
by sellers and buyers.  They don't know what the law is because their 
agents don't tell them and they don't consult an attorney.  The seller 
simply thinks they are better off without an inspection and the buyer 
thinks they need to waive an inspection to get their offer accepted.  
It's a sick world and no one seems to be doing anything about it.  I 
would contrast today's situation with all the actions taken by 
government and other entities back when short sellers were facing 
troubles.  I guess desperate buyers with too much money are not as not 
as worthy of protection, even though not all desperate buyers have too 
much money.

Kary L. Krismer
206 723-2148

On 4/13/2022 8:14 PM, Kaitlyn Jackson wrote:
> I really like Jennifer White's idea. Just make it a right to inspect 
> that's not waivable by PSA so it doesn't make the lack of inspection 
> more tempting for either party. I also like the idea of getting rid of 
> the term "actual" in the "actual knowledge" requirement.
>
> /Sent with Right Inbox <https://www.rightinbox.com/?utm_source=signature>/
>
>
>
> On Thu, Jan 13, 2022 at 1:37 PM Catherine Clark <Cat at loccc.com> wrote:
>
>     There are those who believe that waiving an inspection obviates
>     Visser because one would not have notice of the defect.  There is,
>     of course, a waiver argument to contend with.
>
>     Catherine “Cat” Clark
>     Law Office of Catherine C. Clark PLLC
>
>
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