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Member Updates
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Hill Day is for Everyone… First-Timers Register for FREE!
New to Hill Day? This is the perfect year to jump in. You don’t need advocacy experience, just a passion for real estate and a desire to make a difference! You’re the key to strengthening REALTOR® advocacy and protecting real estate across Washington.
Join us January 28–29 at Little Creek Casino to meet with lawmakers and move our association forward. Complimentary registration is available to first-time REALTOR® member attendees (the offer does not apply to affiliates, local association staff, or non-members).
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Register Here →
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Member Benefits Presidential Advisory Group Update
In case you missed it: The Member Benefit Presidential Advisory Group made its recommendations to the Executive Committee last week, and an update went out to all members yesterday. If you haven’t had a chance yet, take a few minutes to watch this short video to hear what’s next!
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Watch Here →
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DOL Seeking Applicants: Investigations Supervisor (INV4)
The Department of Licensing's Centralized Investigations & Audits Unit (CIAU) is recruiting an Investigations Supervisor (INV4). This position oversees investigations of consumer or department complaints related to real estate brokers, managing brokers, firms, appraisers, home inspectors, notaries, and numerous other professions with a connection to real property. Click the link below for more information about this position, the interview process, and how to apply.
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Apply Here →
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How NAR Research Collects First-Time Buyer Data and Why It Matters
This NAR analysis breaks down how first-time buyer data is collected and why different data sources tell different stories. With NAR’s Profile of Home Buyers and Sellers showing a historic low share of first-time buyers, this article explains the definitions, survey methods, and market factors that influence those numbers. Read the full article for clarity on what the data truly means for today’s market and how it can help guide your work with clients.
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Read More →
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Did You Know?
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You Can Fit Wellness Into Your Winter Routine with Active&Fit Direct™!
The Active&Fit Direct™ Program offers a refreshed path to staying active this season, with affordable gym memberships, studio discounts, personal coaching, and thousands of on-demand workouts. This flexible, low-cost member benefit makes it easy to build movement into your schedule and choose the fitness options that work best for you.
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Learn More →
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Learn More...
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Because Your Business, Your Voice, and Your Integrity Matter
At Washington REALTORS®, we have always seen ourselves as more than just an industry group. We see ourselves as champions for our members. Because we know what it takes to thrive in this business. We know the dedication, the long hours, and the deep responsibility that comes with helping people find their way home. That's why we say, "We Give a &!#%" Because we do.
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Legal Hotline Q&A of the Week
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Question
We just took a new listing. The previous listing agent resigned and told the sellers she wished to terminate the contract. The listing was canceled on 9/23, with signatures from all parties on the same date, and the contract was terminated on 9/24. The paperwork used was from NWMLS. Under Section 7(c), it states that the expiration of the listing term is 180 days. Does this mean that if the former listing agent brings a buyer, she would still have a right to compensation? For context, on 9/25 the former listing agent contacted seller, stating that a buyer’s agent had reached out to her with buyers who want to see the property on Monday, 9/29.
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Answer
Presumably, the terminated listing agreement that is the subject of this question is statewide Form 1A or Form 1A-SWF. If the listing agreement is anything other than statewide Form 1A or 1A-SWF, then this answer is inapplicable. Additionally, it is presumed that seller and the former listing firm used Form 52 to mutually terminate the listing agreement. If that is not true, then this answer may not be applicable. If the parties used any agreement other than Form 52 to terminate the PSA, then the specific terms of that agreement must be considered.
Assuming that Forms 1A or 1A-SWF and 52 are the forms at issue, then the listing firm no longer represents seller and should not be attempting to represent seller at a future showing of the home. Instead, seller's new listing agent should represent seller with respect to the future showing. The terminated listing agreement, along with the termination agreement, provide that if the buyer purchases during the tail period of the terminated listing agreement (180 days following termination, in this case), then the original listing firm will be entitled to compensation ONLY if the amount of compensation paid to the new listing firm is less than what seller would have owed the first listing firm and in that case, seller would owe the difference to the old listing firm. If the compensation paid to the new listing firm is equal to or greater than the compensation that would have been owing to the original listing firm, then seller owes nothing to the original listing firm even though the buyer first discovered the property during the term of the original listing agreement.
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Printable PDF →
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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. To browse through our database of past Q & A’s, visit warealtor.org/legal-hotline. Attorney Annie Fitzsimmons writes the Legal Hotline Question and Answer of the Week. This is a WR members-only benefit so you will be prompted to log in with your M1 number and password. Your Designated Broker is cc’d on Legal Hotline inquiries.
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