If the buyer broker sends a copy of the inspection report to the listing broker without seller permission, does this automatically waive the inspection contingency even when 35R is provided stating the buyer requests repairs?
No. Delivery of the inspection report to seller, without seller requesting the report, constitutes a breach of the purchase agreement by buyer but it does not automatically waive the inspection contingency. Whether seller has any remedy against buyer because of buyer's breach is a question that would have to be answered based on the facts of the situation. If the parties cannot resolve this dispute, broker should advise her client to seek legal counsel. There is no one-size-fits-all answer to this question because the seller's remedy can only be determined in light of all the facts at issue in the unique circumstance.
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The Legal Hotline Lawyer does not represent Washington REALTORS® or its members. The advice contained herein does not constitute legal counsel. Please consult with your managing broker for best practices.
TACOMA PIERCE COUNTY ASSOCIATION OF REALTORS® INC