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<p>Fortunately the legislation that started this thread lacked legs.<br>
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<p>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.<br>
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<p>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.<br>
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<pre class="moz-signature" cols="72">Kary L. Krismer
206 723-2148</pre>
<div class="moz-cite-prefix">On 4/13/2022 8:14 PM, Kaitlyn Jackson
wrote:<br>
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<div dir="ltr">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. <br>
<p class="ri_default_signature"><i>Sent with <a
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<div dir="ltr" class="gmail_attr">On Thu, Jan 13, 2022 at 1:37
PM Catherine Clark <<a href="mailto:Cat@loccc.com"
moz-do-not-send="true" class="moz-txt-link-freetext">Cat@loccc.com</a>>
wrote:<br>
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<p class="MsoNormal">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.</p>
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<p class="MsoNormal"><span
style="font-size:12pt;font-family:"Copperplate
Gothic Light",sans-serif">Catherine “Cat” Clark<br>
Law Office of Catherine C. Clark PLLC</span></p>
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