Member Updates

Together, We Can Help Rebuild Communities

As the state continues to recover from recent flooding, many of our neighbors and REALTOR® members are still facing intense challenges. While the holidays may be in full swing, the need for support remains. If you’re able, please consider giving to the REALTORS® Relief Foundation to help those rebuilding their homes and lives.

You can contribute by texting RRF25Strong to 71777 or by making a donation online here. Every contribution makes a difference.

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IMPORTANT MEMBER UPDATE

Legal Hotline Videos are Moving!

Starting this Friday, Legal Hotline videos will be hosted on a new video platform, inside the Washington REALTORS® website. This new system has a much-improved search function and ensures only current WR members have access to this valuable member benefit.

You’ll still receive the video via email each week, just like you always have, however, you’ll need to log in to the WR website with your M1 number to access the searchable library of videos. If you have any trouble logging in, please call us at 360-943-3100 or email frontdesk@warealtor.org.

Older legal hotline videos will continue be accessible on YouTube for a short period of time while we complete the build out of the new library. Once all videos have been moved over and processed, the videos will no longer be accessible in the public YouTube platform.

Jump Into Advocacy in 2026 with Hill Day

2026 is the year to make a difference! Hill Day 2026, January 28–29 at Little Creek Casino, is your opportunity to meet face to face with lawmakers, move association priorities forward, advocate for pro-real estate legislation, and strengthen homeownership across Washington. You’re the key to REALTOR® success in 2026. Register today to do your part.

Don’t forget – first timers register for free, and registration closes January 19!

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Your NAR Dues Dollars at Work

Curious where your NAR membership dues go? This helpful infographic breaks down how your investment supports tools, research, education, and advocacy that directly help you as a REALTOR®, from protecting property rights to providing business resources that keep you competitive. Take a look before year’s end to see how your dues are put to work for you and the real estate industry.

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THANK YOU FOR BEING A WASHINGTON REALTORS® MEMBER IN 2025!

As 2025 comes to an end, we're reminded of the dedication and integrity that define our REALTOR® community. This year’s achievements—built on shared values, advocacy, and service—reflect what we can accomplish together. Thank you for your ongoing commitment to our industry in 2025. We're looking forward to another great year together.

Did You Know?

Start the New Year Strong — in Mind, Body, and Budget

Ring in 2026 with a commitment to your health and your wallet with the Active&Fit Direct™ Program! Make this the year you invest in your wellness and take full advantage of your WR member benefits. A stronger, more balanced you starts now!

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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.

Legal Hotline Q&A of the Week

Question

Selling agent wrote an offer on one of my listings. Buyers waived everything except Form 22A. On form 22A, buyer was putting 40% down and obtaining a conventional loan. No Form 22EF was included in the offer. About 12 days after mutual, selling agent says buyers are having problems with financing and the underwriter is having issues with retirement funds for the down payment. Two days later, the selling agent sends me a form 90I failure to obtain financing and a form 51 stating the earnest money was to go back to the buyers. Selling agent included a letter from the lender that just said they were denied due to insufficient income to debt. I told the selling agent that this did not meet the requirements of form 22A item 4 on the requirements of what the letter from the lender had to contain. Selling agent then resent form 90I and form 51 with the same credit denial letter from lender along with loan application dated before mutual and copies of buyers investment accounts saying they are not a contingent source of funds. Loan application shows they applied for a loan with substantially less than the 40% down. I told my sellers what the contract says and they think they should be entitled to the EM. I told them I agree but I am not an attorney and they needed to contact an attorney. Should we send the form 51 back and change it to the seller retaining the EM?

Answer

Broker's advice to seller is absolutely correct. Broker can identify to seller the disparity between what the contract requires in Form 22A and what the buyer delivered. Broker is correct to point out the requirements of the Form 22A, paragraph 3 lender letter and the short comings of the buyer's lender's letter. Broker is also correct to identify that buyer's financing contingency is for a 40% down loan and it appears that buyer did not timely apply for a 40% down loan. Additionally, if the only loan application buyer made was submitted prior to mutual acceptance, then it does not appear that buyer made any loan application within five days following mutual acceptance as required by Form 22A. Broker is also correct, however, that broker should not make any promises to seller as to who will receive the earnest money if a dispute erupts. Broker is neither licensed nor insured to give that legal advice to seller. Broker properly advised this seller to seek legal counsel.

After explaining all of this to seller, and confirming this advice in a provably delivered writing to seller, broker should allow seller to instruct broker as to how seller wants to proceed. The Hotline lawyer cannot tell broker how the Form 51 should be completed by seller. However, if seller wants to challenge ownership of the earnest money, it would appear that Form 50 is the correct form for the parties to use to negotiate who gets the EM.

When buyer delivered the Form 90I, buyer terminated the PSA based on the financing contingency. With that, the purchase agreement is now terminated and seller is free to sell to another buyer. Seller and the sale-failed buyer may still debate ownership of the EM on a Form 50. Form 51 is a rescission agreement. There is no way to rescind an already-terminated purchase agreement so Form 51 is the incorrect form for negotiating ownership of EM based on an already-terminated purchase agreement.

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