Member Updates

Trying to Stay Confident & Informed in the Current Landscape?

Then don't miss the 2025 Legal Symposium on May 22nd at the DoubleTree in SeaTac! This full-day event features eight experienced real estate lawyers and professionals sharing the latest legal info, tips, and tools to help you navigate today’s market. You'll earn 7 clock hours, enjoy lunch, and complimentary parking!

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APRIL IS FAIR HOUSING MONTH

NAR & NWMLS Support Fair Housing with Listing Policies

In her latest piece, WR Legal Hotline Lawyer Annie Fitzsimmons breaks down how listing policies from NAR and NWMLS help advance fair housing by making sure properties are widely marketed through the MLS. If you’ve ever wondered why certain advertising language matters, or how MLS rules support equal access for all buyers, this is a must-read!

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Award Winners to be Announced at the 2025 Spring Conference!

Help us celebrate this year's award nominees and finalists! The Washington REALTOR® community is full of extremely passionate and dedicated individuals who work hard every day for their clients, colleagues, and communities... Now is our chance to celebrate them! Winners will be announced on Wednesday, April 23rd, during the Spring Conference - get to know the nominees today!

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ICYMI: NEW CONSUMER GUIDE

Are Your Clients Thinking About Buying Land?

NAR’s latest Consumer Guide walks buyers through the process of purchasing land, securing a construction loan, and understanding the pros and cons of custom builds and new construction. This guide can help you support clients who are exploring alternatives to traditional homebuying!

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REALTORS® RELIEF FOUNDATION

The Central U.S. Still Needs Your Help

Tornadoes, wildfires, and floods have recently swept through the Central U.S., leaving countless families in need. Washington REALTORS®, now’s the time to step up. Text CentralRRF25 to 71777 to donate to the REALTOR® Relief Foundation and 100% of your donation will go directly to disaster victims. Let’s come together and make a difference.

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Did You Know?

Everyone Struggles to Keep Up with Changing Technology!

That's why our members love the Tech Helpline! Whether it's accessing file drives, retrieving a lost account, or adjusting your print settings, they've got your back. The Tech Helpline is available to you at no additional cost through your Washington REALTORS® membership!

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Legal Hotline Q&A of the Week

Question

We represent the seller. Buyer submitted an Inspection Response Form 35R, asking for a seller credit. Our sellers have 3 days to review. The day after the buyer submitted the Form 35R seeking a seller credit, they sent another 35R with the box checked "Buyer's inspection of the Property is disapproved and the Agreement is terminated. The Earnest Money shall be refunded to Buyer." Do our sellers still have 3 days to respond to the first 35R? Because the buyer submitted a second 35R, before the sellers responded to the first 35R, are the buyer's entitled to their earnest money? Is the first 35R still valid? Who would be entitled to earnest money, if the sellers agreed to the first 35R?

Answer

Form 35, lines 49-50, state that a buyer may not withdraw a Form 35R request for an agreed time period following delivery to seller. The negotiation time periods identified in the form, three days in this case, are "irrevocable". This buyer attempted to do the very act that is prohibited by the agreed terms of the Inspection Contingency that buyer included in the transaction. Buyer agreed, when buyer asked seller for an inspection contingency, that when buyer initially asks for concessions based on buyer's inspection contingency, buyer will not withdraw that request for concessions for three days so that seller can fully consider the request made by buyer. Because of that contractual limitation, buyer's withdrawal of buyer's first request for a seller credit and subsequent effort to terminate the PSA is ineffective.

If seller timely accepts buyer's initial request for a seller credit and buyer then fails to close the transaction, buyer's inspection contingency should not excuse buyer's failure to close. Buyer may have another contingency that excuses buyer's performance but if seller accepts buyer's initial request for a credit, within three days of buyer's delivery of that request, seller's acceptance of buyer's request will satisfy buyer's inspection contingency. Once satisfied, buyer's inspection contingency will no longer excuse buyer's failure to perform the terms of the purchase agreement.

This answer provides the Hotline lawyer's analysis of these specific facts against the contractual agreement of the parties but because the Hotline lawyer does not represent any of the parties involved in this transaction, the Hotline lawyer cannot give either of these parties legal advice. Instead, if a dispute over the EM develops, broker should advise broker's client to seek the advice of the client's lawyer. There is more involved in giving legal counsel than a sterile analysis of facts against contract terms. Seller should benefit from actual legal counsel before deciding whether to engage in a dispute over the EM.

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