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

[Chris B]

Ultimately, it will take practitioners talking to their legislators and bringing up these matters.  Those of us on the EC of the RPPT section have found it difficult to be able to “weigh in” on behalf of the WSBA because of the restrictions on working on anything (overly simplified) outside the “practice of law.”


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Chris Benis
First Avenue Law Group, PLLC
321 First Avenue West, Seattle, WA  98119
206.447-1900 office – 206.447.9075 fax – www. firstavenuelaw.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Wednesday, January 12, 2022 3:26 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] HR 1951--Amendment to Seller Disclosure Statement


But for the statute eliminating the "don't know" it could be argued that a form with "don't know" is substantially similar.  The statewide forms have added "n/a" and are presumably compliant.

But this is F'n absurd!  There are some questions I thought should be amended to eliminate "no" as a possible answer.  For example does the property contain fill dirt.  There is no way an owner who didn't see the property being developed would know it didn't contain fill dirt, unless maybe someone told them.

It may be that sellers will simply have to quit providing this form and risk a buyer backing out.

A better solution would be to have greater explicit buyer rights to ask questions of improperly filled out questions.  That would put more pressure on sellers to fill out forms correctly.

Finally, the legislature really needs to get someone who knows something to work on these issues.  The change that just went into effect about internet service (which was hardly a pressing issue) requires the exact same answer for a property that has no internet service available as one that doesn't currently subscribe to internet.  How does that help the buyer?

Kary L. Krismer

206 723-2148
On 1/12/2022 12:53 PM, Catherine Clark wrote:
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>




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