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

[Jeff at bellanddavispllc.com]

I read this proposed change to require the Seller either obtain a waiver
from providing the form 17, if that is possible (in all cases), or actually
go out and learn the true condition of the property to say 'yes" or "no"  to
all questions. This is putting a big burden on the Seller.

 

Jeff 

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Wednesday, January 12, 2022 1:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] HR 1951--Amendment to Seller Disclosure Statement

 

Initially, I am concerned with the seller's representations.  If not "to the
Seller's actual knowledge," then what? To Seller's reasonable knowledge or
to what Seller reasonable should have known?  Huge can of worms. 

 

Second, while I realize that too many sellers were checking every "don't
know" box, this seems like overkill.  What if I bought 5 acres 20 years ago
and the prelim disclosed an easement that was never used by a neighbor.  I
might have totally forgotten about that easement.  It seems to me that many
of the questions can be answered by a good view the commitment and not try
to put the seller on the spot.  My household appliances all work now but I
don't know if there is a hidden defect that will manifest itself as soon as
I sell the house.  

 

 



 

IMPORTANT NOTICE:  This e-mail message is intended to be received only by
persons entitled to receive the confidential information it may contain.
E-mail messages to clients of Paul A. Neumiller presumptively contain
information that is confidential and legally privileged; e-mail messages to
non-clients are normally confidential and may also be legally privileged.
Please do not read, copy, forward or store this message unless you are the
intended recipient of it. If you have received this message in error, please
forward it back to the sender and delete it completely from your computer
system.

 

E-mail communication on the Internet may NOT be secure. There is a risk that
this confidential communication may be intercepted illegally. There may also
be a risk of waiving attorney-client and/or work-product privileges that may
attach to this communication. DO NOT forward this message to a third party.
If you have any questions regarding this notice, please contact the sender.

 

 

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 Catherine Clark
Sent: Wednesday, January 12, 2022 12:54 PM
To: wsbarp at LISTS.WSBARPPT.COM <mailto:wsbarp at LISTS.WSBARPPT.COM> 
Subject: [WSBARP] HR 1951--Amendment to Seller Disclosure Statement

 

All:

 

Have you seen this bill?  It is currently in committee.

 

It proposes significant changes to the Seller's Disclosure Statement (as
currently exists in RCW 64.06).

 

Thoughts?

 

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC

110 Prefontaine Place South, Ste. 304

Seattle, WA 98104

Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com <mailto:cat at loccc.com> 

 

NOTICE: The information contained in this electronic information
transmission is confidential. If you are not the intended recipient, or the
employee or agent responsible for delivering it to the intended recipient,
you are hereby notified that any use, dissemination, distribution or copying
of this communication is prohibited.  If you received this communication in
error, please immediately notify the sender by telephone at (206) 838-2528.
Thank you.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220112/d292177b/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 8030 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220112/d292177b/image001.jpg>