1/22/2021

The State and Federal Government currently have moratoria on the evictions of tenants. I believe, at the State level, there are several exceptions. a.) If the owner wants to move into the home b.) If the home is sold to a third party c.) If the tenant is deemed a threat to personal injury of other or property damage to the home. There is a home listed on the NWMLS for sale that is "subject to the tenants rights." If the tenants are now on a month-to-month lease basis, can the owner evict the tenant prior to the Close of the transaction? Are there any restrictions at the federal level that would prevent the owner from evicting the tenant?

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1/22/2021

I have a listing, currently pending. My clients have agreed to the buyer's request for seller contribution to buyer's closing costs in lieu of repair. My questions are: The selling broker delivered the buyer's notice of inspection response. However, in support of the buyer's request, the selling broker also attached a list of repairs for which price quotes from a company, Repair Pricer, were provided. When I first opened the attachment, it struck me that the selling broker had sent me pages from the buyer's inspection report without seller permission. In reviewing the document, the language is clearly lifted from an inspection report. This is especially evident where recommendation for further evaluation by a qualified specialist is stated. Given that the buyers were asking for closing cost contributions in lieu of repair, should the selling broker have taken the additional step of providing repair cost information, without request of permission from the sellers? Secondly, if the language provided is lifted from an inspection report directly, does that represent potential breach of the verbiage contained in para. 1.a., "Attention Buyer"? The buyer's requested only $5000 compensation but the report shows $27,000 in needed repairs. In other words, considerably more was provided than was even necessary to support the buyer's request ... if any support was appropriate without seller's request. This is not a contentious transaction and the parties are happily proceeding to close. Still, there's some distinct gray, if not black and white area here for which further clarification is requested.

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1/22/2021

We have a fully executed PSA and have made it through the inspection and currently waiting for the appraisal to come in. Buyers agent says that he forgot to include the title contingency addendum to the PSA and his office requires it for his file to be complete. I’m questioning if I should have seller sign a contingent addendum half way through a transaction? It seems it would be adding an additional layer of risk to the seller in my opinion. Buyer also wants to remove one of the buyers from the transaction. Which I already requested the approval letter from the lender without that buyer attached.

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1/22/2021

It is my understanding that we cannot hold traditional open houses right now. Can we hold an open house by appointment following COVID guidelines? What if I market for an open house and have a sign in front of the house to call, make an appointment and come inside. Or can we have an open house as long as we make people wait in their cars until they can see the property? We would still follow the sanitation aspect as well as number of people on the property.

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1/22/2021

Seller and LB were unaware, at the time of listing, that the septic pumping company included a notation on its receipt that the tank was deteriorating. Seller disclosed that the tank was pumped and represented that there were no defects with the system. Buyer agreed to purchase the property with no inspection contingency and no septic inspection contingency. Subsequently, buyer learned independently and LB forwarded a copy of the septic receipt. Buyer then asserted, within ten days following mutual acceptance, a claim for $4700 in repairs to the system arguing that seller should compensate buyer in that amount prior to closing or buyer would sue seller after closing. Seller offered to rescind the agreement. Buyer refused and reasserted the same claims. Seller agreed to compensate buyer $4700 prior to closing. Didn't buyer have an obligation, based on the Information Verification provision, to terminate this agreement in this situation? Did the CYA language of Form 21 form a defense for seller? Was seller not free to terminate this agreement since buyer was threatening litigation?

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1/22/2021

Buyers are in a PSA but did not want to disclose that they were relying on a pending sale for a portion of their purchase funds. There were a variety of reasons for that, all related to buyer's unyielding confidence that the funds would be timely available. Now, however, buyers need a two week extension to allow time for the pending sale to close. The pending buyer's lender was unable to process the loan timely. The Sellers have said they will not agree to a closing extension unless buyer agrees to waive the financing contingency. Must buyer agree to seller's condition or can buyer retain the protection of the financing contingency in this situation?

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1/21/2021

Our firm represents the buyer. Listing broker received 8 offers. One of the 8 offers went to 552,500. Our buyer maxed out at 551,000, but the seller wanted to take our buyer’s offer because of better terms. Seller signed our buyer’s offer, and the listing broker partially filled out the 35E but lined through some of the calculation terms without supplying factors. Also, the listing broker did not provide a copy of the competing offer at all. Nor did seller/listing broker counter on price. There are several different issues. Listing broker failed to supply a copy of the competing offer. Listing broker failed to complete the calculation section of Form 35E and left out a zero on the final sale price (even though the intent was clear) The max price of competing offer was 552,000 so the calculation section doesn’t even make sense. In this case, we have neither a counter offer that was made nor do we have a copy of the competing offer that was used to escalate the purchase price. Where does that leave us? Do we actually have a valid contract? We don’t want to rock the boat and seem difficult, especially if there is a question of whether we actually have a valid and enforceable contract. What would you recommend that our broker do or what kind of conversation should be had with listing broker. Anything else you would recommend?

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1/21/2021

My office has only done one manufactured home sale and I'm confused what paperwork goes with the sale of manufactured home in a park. I assume we don't need a Exhibit A I know we write in the Bin Number on the Form 23? I assume we don't need to check 22D #8 and #9 the HOA review since it is not a condo? I'm confused on 22T being in there?

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1/21/2021

I represent the seller (an Estate) in the sale of a single family waterfront home. The buyer is represented by a Broker from another company, and is purchasing the house via cash. All buyer contingencies have been satisfied and we are scheduled to close next week. The buyer included a Form 22FM Force Majeure Addendum as part of the PSA. On Jan 13th, the home was severely damaged in a storm. Multiple logs were thrown by the storm over the bulkhead and smashed the front of the house, breaking most windows, destroying the deck, and breaking several holes through the wall. The house was flooded with several inches of water through the open holes and broken windows. The attorney for the Estate agreed that I should immediately notify the buyer's broker about the damage. Following the buyer's broker's inspection of the house, the buyer has indicated they may be willing to go through with the purchase if we are able to figure out how best to proceed. Luckily, the attorney for the Estate put flood insurance on the property at my recommendation just days before we listed it, so the property is covered for the flood damage, but it will take months to repair. My seller cannot convey the property to the buyer in the condition required by the contract in the time remaining before either the scheduled closing date or the 22FM extended closing date. What are my responsibilities as the Seller's Broker, and the responsibilities of my Seller? Does the buyer have any rights under the contract to claim the insurance settlement in lieu of repairs? We are at a loss as how best to proceed. Any advice is welcome!

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1/21/2021

We have a sale in which extensive repairs and remodeling was done on the house. L&I is saying that a licensed electrician did not do the electrical work so the seller cannot sell the house for 2 years since he is only a General Contractor, not a Licensed Electrician. Is this correct?

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