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7/1/2022

One of my brokers is listing a property she describes as follows: “The property contains a closed down restaurant and past daycare. It was a commercial building site currently being prepared to demolish and build 38 townhomes.” I’m assuming the correct seller disclosure form would be 17comm but would appreciate your thoughts.

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7/1/2022

We represented a buyer on an equestrian property that was marketed as “the perfect equestrian property with room to grow.” It mentions a 125 X 230-foot riding arena, sheds, hay storage etc. The listing photos include an image of horses in a fenced paddock. The buyer broker took the buyers to the property for a walk through prior to closing and discovered that the paddock fencing had been dismantled. The metal panels between the fence posts had been removed rendering the fence useless. Buyer broker immediately contacted the listing agent who stated that the panels were personal property and since they were not included in the PSA, the seller removed them and plans to keep them. The metal panels were screwed to the fence posts and the fence posts were cemented into the ground. We believe that due to the method of attachment and the obvious intention that they are to be a permanent enhancement to the property that they are fixtures and would not need to be negotiated separately.

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7/1/2022

Question: Purchase and Sale was terminated over inspections. When buyers(buyers broker) ask for additional inspections via form 35R she also presented Seller(Selling Broker) with a large portion of the Full House Inspection . When Rescission was presented to Seller by Buyer asking for their EM to be returned to buyer. Seller instead demanded EM be forfeited to seller as buyer rescinded based on the already waived Inspection Contingency. EM sat at Escrow until the Escrow informed all parties they were going interplead those funds. After much communication between sellers DB and Buyers Broker, Buyers Broker finally admitted they knew they messed up and told us they knew better than to provide parts of the inspection. They stated that their buyer had wanted them to provide it along with 35R asking for additional inspections so they did. Buyers broker then asked Listing broker if Seller would split the EM, Listing Broker went to Seller and she agreed. Buyers broker stated she would pay the difference from her personal funds to make it right with the buyer. Listing Broker prepared a Form 51 with instructions to escrow to distribute the EM splitting it as agreed, 1/2($2,500) to Seller and 1/2($2500) to Buyer. Seller signed and it was sent to Escrow, Buyers Broker and Firm. Both Escrow and Buyers Broker emailed Listing Broker/Firm saying that is not how this is going to work and that buyers broker would prepare a Form 51 the way it needed to be done. Listing Broker then received a 51 where the entire $5,000 EM is being refunded to Buyer and then on line 14 (Seller) $2,500 to be paid to Seller along a modification where Buyers Broker added the words “to be paid by selling Broker”. This was signed and initialed by buyers via Authentisign. This did not seem right based on the verbiage on the Form 51 seller felt uncomfortable receiving a check from a buyer's broker whom they have no relationship. All along parties have been advised to seek the advise of an attorney. When discussing this with our company attorney he would like it done with the EM being split between buyer and seller and buyers broker providing a check to buyer outside of escrow to make the buyer whole. I have advised buyers broker/firm of that however both she and her DB are refusing to do it that way. What is the Legal Hotlines opinion?

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7/1/2022

22S- Contingency I represent the seller on this transaction. The buyers decided they wanted to reduce the purchase price or walk to due to the changing market during their 10 day septic inspection period. There were no issues with the septic system they are just using this form 22S to get out of the contract and get their EM money back. I have all of their reasons in TEXT version and it has nothing to do with the septic. If my clients say no and they back out are the buyers allowed to get their EM back even though the reason they are backing out has nothing to do with the septic system?

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7/1/2022

I have a broker who is licensed in Colorado and Washington who would like to join our office. He is currently living in Colorado and intends to move here in a year. He intends to keep selling in Colorado under his current license with a firm licensed in Colorado until he moves to Washington. He also has contacts here that he will be working with while still living in Colorado. I assume that any business he does in Colorado will be under the supervision of his managing broker there and business done in Washington would be under my supervision. Is this business arrangement ok and what should I be aware of?

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7/1/2022

In the case of a seller who died in the home and was not discovered in the home for a couple of months. We are inquiring as to the responsibility of Buyer Broker, the Listing Broker and the Seller or representative of the Estate as to disclosure of the death if asked specifically from the Buyer if the seller died in the home. We have watched your video from Feb 9, 2016. What is not clear from the video is IF DAMAGE TO THE PROPERTY OCCURED AS A RESULT OF THE DEATH, is that damage supposed to be disclosed? And with it being an Estate and no F17 provided in the listing. Is there a statutory requirement for both the listing agent and the sellers representative to have disclosed that property damage in writing to the buyer? So the way that I'm reading the WA state law is that you do have a "stigmatized property provision" under RCW 18.86.010(9). Things that WA considers to unfairly stigmatize a property includes murder, suicide, natural death, rape, sex crimes, assault, violent crime, robbery, burglary, illegal drug activity, gang-related activity, political or religious activity to all be non-material UNLESS they adversely affect the physical condition of the property. If any of the above items adversely affect the physical condition of the property, then it voids this, and it becomes a material fact. And the material fact must be disclosed…..Is this true? Or if the seller rep/listing agent paid to have the decomp remediated, were they not required to disclose it because they never lived in the house? But in disclosing that damage by stating bodily fluids from decomposition that may have damaged floor boards, this inadvertently would then disclose a death that by definition does not need to be disclosed.

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7/1/2022

Would an email of the required info regarding deposit refund to a tenant meet the landlord tenant law requirement? Also, would giving the tenant access to this information via an online portal meet the requirement? Or must we still mail tenants hard copies of all move out info?

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7/1/2022

I just received an email from a broker in my office that she is resigning from the firm. She has 2 transactions closing next month. Does the firm owe her a commission if she was not asked to leave? We are scrambling to get this and her other listings covered.

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7/1/2022

I have a past client who purchased this home as an estate sale, although the seller did do several repairs per the buyer's request after the home inspection. The buyer's had done extensive renovations including a new roof and have only lived in the home for the past 5 out of 8 months since taking possession of the property. In that time the septic has been an issue and recently they had to have a septic repair company come out to the property on a Sunday. He replaced the baffles and the pump system at a cost of $6300. Per his report and visual inspection, it was his opinion that the prior company did not responsibly answer the questions on the form that was submitted to the Health Department as the coercion and failure of these parts has happened over the course of multiple years of use not after 8 mo. The client's question is who can they go after to recoup these costs? Would it be the septic company who performed the original inspection or the seller as the septic inspection was done prior to our offer being accepted.

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6/30/2022

If 22U was recorded as part of buyer&39;s purchase of their home can they use that same recorded 22U when they go to sell their home in the future (assuming form 22U has not been revised since it was recorded) or is a new 22U required to be recorded and provided to the buyer?,ramcosub_answer=A new 22U would be required because the seller of the property has changed.  Buyer could not use the 22U buyer received when buyer purchased because it would purport to name a person who no longer owns the property as the "seller" of the property.,ramcosub_contactsemail=grantew7@gmail.com,ramcosub_designatedrealtorsemail=brian.acey@kw.com,ramcosub_StateAssociation=SEATTLE KING COUNTY,ramcosub_categoryid=641ffb1b-b569-e811-9c21-00155d10064b,CreatedBy=e7f34222-9693-4232-9700-bc14161b781d,ramcosub_contactid=e7f34222-9693-4232-9700-bc14161b781d#

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