[WSBARP] HB 1951

[Kary Krismer]

Thanks.  I didn't scroll down far enough on the attachment, but was also 
looking at the legislative website.

If this is going to pass I think the word "material" should be added 
before the word "damage" and it should be moved out of Environmental.  
If the damage is bad enough to be environmental, such as my story below, 
it really doesn't need to be disclosed to be noticed!  ;-)

Kary L. Krismer
206 723-2148

On 2/2/2022 2:02 PM, Eric Nelsen wrote:
>
> The redline was attached to Doug’s post—I didn’t see any deletions, 
> and only the additions I saw were of the identical question inserted 
> in three statutes that dictate form of the disclosure statement for 
> various types of property.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
>
> *Covid-19 Update - *All attorneys are working remotely during regular 
> business hours and are available via email and by phone. 
> Videoconferencing also is available. Signing of estate planning 
> documents can be completed and will be handled on a case-by-case 
> basis. Please direct mail and deliveries to the Seattle office.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
> *Sent:* Wednesday, February 2, 2022 1:49 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] HB 1951
>
> I'm not seeing a new revised bill red-line yet, but I did once see a 
> property where it would be appropriate to have the question in the 
> environmental section.  The listing described "some water damage" but 
> when you opened the door you saw all the carpet was removed, water 
> spots all over the subfloor, corner sheet rock flashing rusting and 
> the urine smell would have knocked you over!  But I have a hard time 
> seeing that most the rest of that would be environmental--e.g. chewing 
> on wires.
>
> Kary L. Krismer
> 206 723-2148
>
> On 2/2/2022 12:06 PM, Eric Nelsen wrote:
>
>     So it looks like the proposed amendment to disclosures is now
>     limited to addition of a single question to the “Environmental”
>     Section:
>
>     *[ ] Yes[ ] No[ ] Don't know *L. Is there any damage to the
>     property from animals, including urine, feces, or other waste;
>     chewing on wires or siding of main structure; or digging?*
>
>     And all changes to the liability standards have been removed. Does
>     that sound right?
>
>     I would note that because this question is in the “Environmental”
>     section, per RCW 64.06.010(7)
>     <https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.010>, this
>     question can’t be waived if the answer to any Environmental
>     question would be “yes.”
>
>     Sincerely,
>
>     Eric
>
>     Eric C. Nelsen
>
>     Sayre Law Offices, PLLC
>
>     1417 31st Ave South
>
>     Seattle WA 98144-3909
>
>     206-625-0092
>
>     eric at sayrelawoffices.com <mailto:eric at sayrelawoffices.com>
>
>     *Covid-19 Update - *All attorneys are working remotely during
>     regular business hours and are available via email and by phone.
>     Videoconferencing also is available. Signing of estate planning
>     documents can be completed and will be handled on a case-by-case
>     basis. Please direct mail and deliveries to the Seattle office.
>
>     *From:* wsbarp-bounces at lists.wsbarppt.com
>     <wsbarp-bounces at lists.wsbarppt.com>
>     <mailto:wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Douglas
>     Owens
>     *Sent:* Wednesday, February 2, 2022 11:45 AM
>     *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>     <mailto:wsbarp at lists.wsbarppt.com>
>     *Subject:* [WSBARP] HB 1951
>
>     Dear Listmates, during its executive session this morning the
>     House Consumer Protection and Business Committee adopted a
>     substitute bill for the above legislation and reported it out of
>     the committee “do pass” on a 4-3 vote.  The substitute bill
>     removes the deletion of the “don’t know” option for answering and
>     indicates that sellers are not responsible for the answers, and
>     allows answers based on the seller’s knowledge.  I attach a
>     summary prepared by the committee.  Yours truly, Doug Owens
>
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