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

Kary Krismer Krismer at comcast.net
Thu Jan 13 13:10:13 PST 2022


I like the concept as long as there were some penalty for the buyer 
abusing the process, perhaps similar to the statewide form's waiver of 
inspection contingency provisions.  I don't expect to see that out of 
the legislature though.

Kary L. Krismer
206 723-2148

On 1/13/2022 12:55 PM, Jennifer L White wrote:
>
> Why don’t they simply legislate a buyer’s right to inspect following 
> execution of a PSA (pick a # of days) that cannot be waived? Some will 
> use it, some will not. Every potential buyer has the opportunity to do 
> it. It seems to me that would level the playing field of 
> agents/sellers not accepting bids with inspection contingencies.
>
> Jennifer L. White, Esq.
>
> /jen at appletreelaw.com <mailto:jen at appletreelaw.com>/
>
> PO Box 11037
>
> Yakima, WA 98909
>
> 509.225.9813
>
> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
> *Sent:* Thursday, January 13, 2022 12:16 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] HR 1951--Amendment to Seller Disclosure Statement
>
> Maybe reasonable knowledge?  Someone raised the point of not 
> remembering what was in a title report they last saw 20 years ago when 
> they bought.  Although I'd question the need for any question that is 
> answered on a preliminary commitment, like the covenants question.
>
> But again, I'm not really focusing on the liability aspects of Form 17 
> and that relationship to Alejandre v. Bull, etc, nor if I were going 
> to change those line of cases would I restore negligent 
> misrepresentation.  It would just be the actual fraud or fraudulent 
> misrepresentation, and I'm not so sure I agree with that change 
> because a weak claim of fraud would prevent summary judgment.  I don't 
> mind putting a great deal of due diligence on buyers, I just wish more 
> sellers and agents would allow that by accepting offers with 
> inspection contingencies.  The combined harm of contracts without 
> inspection contingencies is probably far greater than the combined 
> harm from provable fraudulent activity.
>
> Kary L. Krismer
> John L. Scott, Inc.
> 206 723-2148
>
> On 1/13/2022 12:06 PM, Catherine Clark wrote:
>
>     I think if we remove the term “actual” and restore negligent
>     misrepresentation as a claim, that would solve the issue you
>     raise.  Yes or no?
>
>     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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>     *From:* wsbarp-bounces at lists.wsbarppt.com
>     <wsbarp-bounces at lists.wsbarppt.com>
>     <mailto:wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
>     *Sent:* Thursday, January 13, 2022 7:16 AM
>     *To:* wsbarp at lists.wsbarppt.com
>     *Subject:* Re: [WSBARP] HR 1951--Amendment to Seller Disclosure
>     Statement
>
>     If you remove the seller knowledge requirements it would be
>     impossible to answer “yes” or “no” to the following questions of
>     the residential form.
>
>
>     Any of the defect questions because there may be defects the
>     seller has not learned of.  Actually that is almost certain, most
>     sellers learn a lot when they see an inspection report on their
>     own property.
>
>
>     1C—Encroachments and boundary disputes.  The seller would need to
>     somehow know what their neighbors think.
>
>     1E—Easements that affect the buyer’s use (since the seller
>     wouldn’t know the buyer’s use).
>
>     1G—Studies that might affect the property.  Any number of
>     government agencies could have done studies on the area that might
>     somehow affect the property.  Even periodic zoning processes might
>     trigger that.
>
>
>     3D—Septic questions about original permitting and possibly even
>     pumping or inspection if the seller didn’t do those.  Also number
>     of bathrooms if that wasn’t specified back when the septic was put in.
>
>     4B—Has the basement flooded if there is no basement.
>
>     4C—Permits if the remodeling was done by a prior owner.
>
>     4G—Prior inspections since there is no date limitation and would
>     include prior ownership periods.
>
>     4J—Basement insulation if there is no basement.
>
>     5C—Woodstove certifications if the seller wasn’t the purchaser.
>
>     7B—Does the property contain fill dirt.  If the seller wasn’t
>     around when the property was developed there is no way of knowing
>     that.
>
>     7E—Hazardous substances.  That would require extensive testing.
>
>     7F—Has the property been used for commercial or industrial
>     purposes.  That would require knowledge back to territorial times.
>
>     7G—Soil or groundwater contamination.  That would require testing
>     and the contamination could be from other properties and totally
>     unknown.
>
>     7I—Illegal dumping.  That could require knowledge prior to the
>     seller’s ownership.
>
>     7J—Drug manufacturing site.  That could require knowledge prior to
>     the seller’s ownership.
>
>     9B—Did prior owners make any modifications to a Manufactured
>     Home.  That would require knowledge prior to seller’s ownership.
>
>     9C—Were permits obtained for those modifications.  Same problem.
>
>     Kary L. Krismer
>
>     John L. Scott, Inc.
>
>     206 723-2148
>
>
>
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