Answer
There are two distinct issues at play in this question. First is the question of computing time based on Form 21 and the other is a more practical issue of whether an escrow office will be open to process the closing. Considering the information provided in the question as a random sampling of escrow companies, there is not a single, reliable answer to the second issue which could present a significant problem in any given transaction.
Based on Form 21, "Computation of Time", "holidays" are the days defined by state law, at RCW 1.16.050 and include only:
"(1) The following are state legal holidays:
(a) Sunday;
(b) The first day of January, commonly called New Year's Day;
(c) The third Monday of January, celebrated as the anniversary of the birth of Martin Luther King, Jr.;
(d) The third Monday of February, to be known as Presidents' Day and celebrated as the anniversary of the births of Abraham Lincoln and George Washington;
(e) The last Monday of May, commonly known as Memorial Day;
(f) The nineteenth day of June, recognized as Juneteenth, a day of remembrance for the day the African slaves learned of their freedom;
(g) The fourth day of July, the anniversary of the Declaration of Independence;
(h) The first Monday in September, to be known as Labor Day;
(i) The eleventh day of November, to be known as Veterans Day;
(j) The fourth Thursday in November, to be known as Thanksgiving Day;
(k) The Friday immediately following the fourth Thursday in November, to be known as Native American Heritage Day; and
(l) The twenty-fifth day of December, commonly called Christmas Day."
These are the ONLY days that can be counted as "holidays" based on the statewide forms computation of time provision. Even if December 24 and 26 are federal holidays, those days are NOT state holidays as defined by RCW 1.16.050 and thus, cannot be treated as "holidays" when computing time under the statewide forms.
Nevertheless, escrow companies may choose to be closed on those days. If the escrow company is closed, it is axiomatic that the company cannot close a transaction that is scheduled to close that day. This presents a significant problem based on the boiler plate language in the statewide forms. The "computation of time" provision accounts for the fact that there may be days when a recording office is closed even though it is not a state holiday by requiring the sale to close on the following business day. The forms do not account for the fact that there could be a day when the escrow company is closed, even though county recording offices are open. Barring unforeseen circumstances, county recording offices should be open every day that is not a state holiday. It is expected that county recording offices will be open on December 24 and 26, 2025.
If a transaction is scheduled to close on December 24 or 26, 2025 and the county recording office will be open but the designated escrow company will be closed, the brokers need to make provision for that in advance. The parties will either need to modify the closing date or change the escrow company. There is not a boiler plate provision in the statewide forms that accommodates a scenario where the county recording office is open but the escrow company is closed. This means that if a recording date falls on December 24 or 26, 2025 and the recording office is open but the designated escrow company is closed, the transaction cannot close, the closing date will not automatically change and neither party can be forced to amend the PSA. If this situation is anticipated and the parties are willing to amend the PSA, brokers would be wise to amend the PSA before the closing date arrives.
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