Member Updates

We Want Your Feedback the Washington REALTORS Member Survey is Coming Soon

STAY TUNED

The 2025 Member Survey is Coming Soon...

Washington REALTORS® is looking for feedback from our members to see how we can better serve you. We've partnered with an independent research firm to conduct the survey and to keep your responses confidential. We will send out a link to the survey next week, but you may also receive an email from American Strategies inviting you to take the poll. This is a legitimate email and not a scam.

To show our appreciation, three members who complete the survey will be randomly selected to win a $100 gift card! If you have any questions about the short survey, please email info@warealtor.org.

Keep your eyes on your inbox starting June 2nd and look for an email with your link to the survey. Thank you in advance for your participation!

Expand Your Expertise in a Rapidly Growing Market Niche - Solar Homes

On June 17 at 12:00 PM, join Dever Haffner-Ratliffe for a free, focused, one-hour webinar on the essentials of solar energy. You'll learn to evaluate system age, review key documents and encumbrances, understand maintenance and warranty considerations, and more! Don’t miss this opportunity to expand your expertise in a rapidly growing market niche...

Register Here →

MENTAL HEALTH AWARENESS MONTH

Ten Leaders, Ten Ideas for Lowering Stress

In recognition of Mental Health Awareness Month, this SmartBrief article shares strategies from 10 leaders on how to manage stress during challenging times in practical ways. With tips focused on mindset, physical well-being, and workplace habits, it's a good reminder that taking care of yourself isn’t a luxury — it’s essential.

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ICYMI

Consumer Guide: Buyer's vs. Seller's Market

Being able to help your clients understand whether the market currently favors buyers or sellers can help them navigate a transaction with more confidence. This new NAR consumer guide breaks down the big differences between a buyer’s and seller’s market, how to spot the signs of each, and helpful tips for succeeding in either environment. This is a great resource to share with clients or use in your next consultation!

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Did You Know?

You Can Save 40% on CE Shop Courses Right Now!

Now through May 28, 2025, enjoy 40% off all courses offered through The CE Shop. Just visit warealtor.theceshop.com and use promo code DREAM at checkout to take advantage of these savings!

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Legal Hotline Q&A of the Week

Question

Form 21 section F of the general terms, line 85-88 says ... "If possession transfers at a time other than Closing, the parties shall execute NWMLS Form 65A (Rental Agreement/Occupancy Prior to Closing) or NWMLS Form 65B (Rental Agreement/Seller Occupancy After Closing) (or alternative rental agreements) and are advised of the need to contact their respective insurance companies to assure appropriate hazard and liability insurance policies are in place, as applicable."

If there is already a rental agreement in place for a tenant occupied residence, is a 65B still needed to establish a possession date or can a 34 be used to establish the possession date and attach the current rental agreement? Is a current rental agreement considered the "alternative rental agreement"?

Answer

The boiler plate language referenced in Form 21 relates to a situation where buyer will be taking possession prior to closing "Form 65A", or a scenario where seller will retain possession after closing "Form 65B". Based on the question asked, broker is handling a transaction where a tenant occupies seller's single family residential property and will retain occupancy after closing. That situation is not controlled, in any fashion, by the boiler plate language referenced in the question. When a tenant occupies the property both before and after closing, seller will transfer possession to the buyer at closing. Buyer's possession will be subject to the existing tenancy but the possession seller enjoys prior to closing will be transferred to buyer at closing and neither party will sign a Form 65A or 65B.

Instead, seller must disclose the existence of the tenancy to buyer and buyer must agree to assume the existing tenancy. This should occur through broker's inclusion of the proper forms in the transaction. For example, Form 22L "Lease Review Addendum" is the statewide form that provides buyer with a contingency based on seller's delivery of seller's lease documentation. The form is intended to be used in a transaction for a tenant occupied, single family residence. If the property is multi-family, then the brokers should use Form 20 instead of Form 21 as the purchase agreement. None of the facts provided in the question require use of a Form 34 to describe the nature of possession buyer will take if the brokers use a Form 22L with a Form 21 or if the brokers used a multi-family purchase agreement.

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