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The Legal Symposium is Two Days Away.

If you still need clock hours—or need to get up to speed on the legal issues impacting your business—this is it. Join us next week in SeaTac for 7 hours of critical updates on forms, wire fraud, AI, E&O claims, and more, straight from top Washington real estate attorneys.

Add Draft Like a Lawyer 2.0 the day before and stack another 7.5 CE hours while you’re at it.

Spots are still open—but this is your last shot. Register now.

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NAR's REALTOR® Volunteer Days

are Almost Here

NAR’s REALTORS® Are Good Neighbors Volunteer Days are happening May 30 – June 7 and we want to see how you’re giving back!

Tag us on social media or share your volunteer projects so we can highlight the great work happening within the Washington REALTORS® community!

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Stay Active, Stay Healthy, Save More with Active & Fit Direct™

The Active & Fit Direct™ Program gives Washington REALTORS® members access to thousands of gyms, fitness centers, and premium studios nationwide at discounted rates, making it easier to stay healthy without overspending. Whether you travel frequently, want flexibility to try different fitness options, or simply need a more affordable alternative to a traditional gym membership, the program offers convenience, value, and added wellness perks like digital workouts and coaching tools. It’s a smart way to invest in your health, reduce stress, and maintain the energy needed to stay productive in a fast-paced real estate career.

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Did You Know?

May is Mental Health Awareness Month!

Washington REALTORS® is encouraging you to take this time to reflect, recharge, and access tools that support mental health in your professional and personal life!

Check out our resources and bring them back to your offices, teams, and communities—together we can create a culture where taking care of our minds is just as normal as taking care of our business and our clients.

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We Give a &!#%

We Give a &!#% About Integrity

Being a Washington REALTOR® isn't just about closing deals—it's about upholding a standard of professionalism that sets us apart in the industry. Our commitment to ethics ensures that every transaction is built on trust, transparency, and fairness.

REALTORS® don't cut corners. We set the bar. And we hold the line.

Legal Hotline Q&A of the Week

Question

Mutually accepted contract contains a reference in a counter offer stating buyer/seller agree to the sale of the home to be "as is". No other reference about what "as is" stands for or that any contingency is waived or not applicable because of "as is" condition. The PSA includes a 10 day feasibility addendum as well as a 10 day Form 35 inspection contingency. On day 10, buyer provided a 35R asking for repairs. Seller didn't respond. After the 3 day seller response period was done, buyer delivered 35R marked that they are terminating. In addition, the feasibility addendum had the box selected so that if no approval of feasibility is given by buyer, the contract will automatically terminate. The feasibility time ran and buyer did not approve. Did the feasibility contingency cancel the contract if its time ran while buyer was awaiting a response from buyer's 35R asking for repairs? Is either form superior to the other? Seller believes by using the term "as is" in the contract, the inspection addendum cannot be used to cancel the contract and that buyer could not terminate the agreement under either addendum.

Answer

Based on the facts provided, the "as-is" provision is irrelevant to this inquiry. The "as-is" provision has no bearing whatsoever on the operation of the inspection contingency or the feasibility contingency. Timely and effective termination under either the inspection contingency or the feasibility contingency served to actually terminate this transaction. Based on the facts provided, buyer did timely and effectively terminate under both contingencies and it appears the earnest money should be refunded to buyer. If a dispute over the earnest money is not resolved, broker should advise broker's client to seek legal counsel. A letter from buyer's lawyer to seller explaining the limited effect of an "as-is" provision may solve the problem.

With respect to the question of priority of the two contingency addenda, each contingency is independent of the other. Neither has priority over the other. Each contingency gives buyer a legal excuse for performance based on its own criteria. Based on the facts provided, the feasibility contingency resulted in a termination of the PSA before buyer delivered the Form 35R terminating the PSA. The fact that buyer had delivered a F35R seeking concessions did not preserve the PSA from the Feasibility Addendum automatic termination provision. With that, there was no PSA left for the buyer to terminate by the time the F35R termination notice was delivered. Nevertheless, it was a good practice for BB to timely and effectively deliver the F35R termination notice as a belt and suspenders approach to a termination that BB had reason to believe seller would challenge.

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