Click here if you are having trouble viewing this message.
|
|
|
|
|
|
August 11, 2026 Edition
|
Member Updates
|
|
Inside the 21st Century ROAD to Housing Act with Shannon McGahn
In this special update, Washington REALTORS® President Ryan Beckett sits down with NAR Chief Advocacy Officer Shannon McGahn to discuss the 21st Century Road to Housing Act and what it could mean for the real estate industry. They cover the legislation’s focus on housing supply and regulatory reform, the work ahead to implement its nearly 50 provisions, and federal efforts to address capital gains tax through the More Homes on the Market Act.
|
|
Watch Here →
|
|
|
$500,000 in Wildfire Relief Available for Eastern Washington Communities
Our hearts are with the individuals, families, and communities who continue to be impacted by the devastating wildfires in Spokane, Stevens, and Lincoln counties. As recovery efforts continue, the REALTORS® Relief Foundation has announced a $500,000 disaster relief grant to help wildfire survivors with housing payments and immediate needs.
Those affected by fires in these counties can apply for assistance in person at participating Spokane-area real estate offices (learn more here).
If you are able to support our eastern Washington neighbors as they recover from this loss, text RRF4WA to 71777 or visit bit.ly/RRF4WA.
|
|
Learn More & Contribute →
|
Special Wildfire Q&A Available
As wildfires continue to impact communities across our state, many REALTORS® are navigating delayed inspections, insurance binders, appraisals, financing timelines, and other transaction challenges.
The Legal Hotline Q&A below provides important guidance, including when to encourage clients to seek legal counsel.
ACCESS Q&A
PDF VERSION
|
|
|
Fall Conference Is Headed Back to Spokane
Fall Conference returns to Spokane September 23–25, and this year’s event is built for REALTORS® who want to stay connected and stay informed. Expect committee meetings, meaningful conversation, and the kind of in-person connection that helps keep Washington REALTORS® moving forward together.
Registration is now live, and early-bird pricing is available through Friday, September 4 at 11:59 p.m. If Spokane is already on your radar for Draft Like a Lawyer 2.0, now is the time to make your plans!
|
|
Register Today →
|
|
|
Sharpen Your Drafting Skills with DLAL 2.0
When the details matter, strong drafting makes all the difference. In Draft Like a Lawyer 2.0, brokers explore practical strategies for handling complex transaction issues, avoiding common mistakes, and working through high-stakes scenarios with more confidence.
The course covers topics like contract modifications, counter offers, and ethical concerns in the drafting process. If you’re already planning to be in Spokane for Fall Conference, don’t miss this opportunity to join us on September 22 and add 7.5CE hours to your agenda.
|
|
Register Here →
|
|
|
Meeting Client Expectations Through Public Marketing
Washington's new public marketing law, effective June 11, 2026, reinforces what buyers and sellers have always wanted: more opportunities and greater transparency.
For real estate brokers, the law requires that when marketing a residential property for sale or lease to a select group of buyers or brokers, it must also be marketed to the general public and all other brokers at the same time (with limited health and safety exceptions).
For most brokers, this means business as usual—listing properties in the MLS continues to be the simplest way to comply. The law also clarifies important scenarios, including broker-owned properties, identified buyers, off-market opportunities, and buyer representation.
The goal is simple: create a more open, competitive marketplace that benefits Washington's homebuyers, sellers, landlords, and tenants.
Read Annie Fitzsimmons' Legal Hotline article in the Summer 2026 issue of RE Magazine for answers to common questions and practical guidance on complying with the new law.
|
|
Read the Latest Issue of RE Magazine →
|
|
|
Get Moving for Less with Active & Fit Direct
WR members get access to 12,700+ standard gyms for only $28 a month and get discounts at 9,800+ premium exercise studios.
Our partnership with Active & Fit Direct saves you money at gyms like 24 Hour Fitness®, Anytime Fitness®, FIT4MOM®, Pure Barre® and more. Easily sign up, switch gyms, or cancel your membership online.
Learn More
NAR REALTOR® Benefit Spotlight
Insurance & Finance: Receive exclusive access to health, dental, vision, and other insurance options, including savings on auto, home, and E&O. Plus, member-only financial services and planning offers.
Learn More
|
|
|
|
|
Did You Know?
|
The Savings Continue All Summer Long at The CE Shop...
Your next course could be the next step toward your professional goals! From August 12–13, Washington REALTORS® members can save 40% on all real estate products through The CE Shop using code WORTH at checkout!
|
|
Start Saving→
|
|
Legal Hotline Q&A of the Week
|
Question
Spokane is experiencing catastrophic wildfires (as of last count, 913 structures have been lost). We have pending sales that are experiencing or will experience problematic delays (e.g, insurance companies not issuing binders, lenders requiring final inspections, etc.). Should we consider inserting a Form 22FM - Force Majeure and Closing Addendum into these existing transactions? I know either party could propose it and the other wouldn't be obligated to accept it, but should we be talking to our clients about this form? Should we be encouraging clients (buyers and sellers) to sign them? What would be appropriate timelines? Finally, if we write an offer for a buyer on a new transaction knowing these are issues that may take some time to resolve, should the form be included in new transactions we are writing?
|
Answer
Background: Act of god and implied duty of good faith.
The Spokane wildfires are an "act of god". Defining an "act of god", as it applies to a specific contract, must occur on a case by case basis. That said, it seems likely that any court interpreting a residential PSA that was binding prior to the onset of the fires would view the 2026 Spokane wildfires as an "act of god". Whether a contract includes a force majeure provision or not, an "act of god" that makes performance impossible will excuse performance. For example, if an existing residential PSA required the parties to close on August 5 but seller's home was destroyed in the wildfires on August 2, it is most likely that a court would find performance of the contract to be impossible and both parties would be excused without liability to the other.
However, the fact that an "act of god" occurred, does not eliminate each party's implied duty of good faith required in the performance of the contract. The doctrines of impossibility and good faith co-exist. For example, assume mutual acceptance occurred the day before the wildfires broke out, giving buyer a 5 day inspection contingency. The day after mutual acceptance, the home was included in an "evacuation zone" that required seller to leave the property and prevented buyer from accessing the property. Assume further that the evacuation orders persisted for the entirety of the inspection period but when the evacuation orders were lifted, seller's home remained, unaffected by the fires. The doctrines of impossibility and good faith would likely converge and result in a situation where buyer's inspection contingency was delayed until a time that buyer could access the property but all other terms of the agreement would remain in effect, even if delayed for the period of the evacuation orders. The parties would continue to have a good faith duty to perform the terms of the contract even as buyer's inspection contingency was delayed by the "act of god".
How Long is a Reasonable Delay?
The Hotline lawyer cannot identify how long any delay should be or the amount of time brokers should be urging parties to give. Instead, the facts will have to dictate the answers to these questions. When the evacuation order is lifted, is it lifted for all purposes or only for property owners to re-enter the area to secure their property? When the evacuation order is lifted, are buyer's inspectors and contractors reasonably available or are they consumed with demand from other property owners requiring immediate assistance? The actual facts will determine the amount of delay that is reasonable.
Contract Disputes Are Always Resolved On a Case by Case Basis.
All of this is subject to judicial interpretation and application on a case by case basis. A court may or may not agree with the broad statements and examples given above as they are applied to the specific facts of any given case. Thus, if brokers are representing parties who find themselves at odds with respect to performance of a PSA following the wildfires, brokers should advise their clients to seek legal counsel. Neither broker nor the Hotline lawyer can advise any party as to how a court will adjudicate a specific dispute.
Should Spokane Brokers Be Using Form 22FM?
Broker's question, however, is forward looking. In light of the wildfires that were recently and may still be raging, is it a good idea for brokers to include a Form 22FM (Force Majeure) addendum in offers that are written today? Broker also asks if brokers should encourage parties, in existing agreements, to amend the terms of those agreements to include a Form 22FM.
Form 22FM anticipates that a catastrophic event beyond the control of either party can affect the performance of a contract and Form 22FM establishes default timelines for extension of performance requirements in the event of such an event. The basic premise of Form 22FM reflects Washington law as explained above, that impossibility excuses contract performance, but Form 22FM goes on to provide an agreed number of days by which performance obligations will be extended in light of the event that causes impossibility. To be clear, whether Form 22FM is included or not, Washington law still pertains to the contract and an event that creates an impossibility will excuse performance, at least temporarily. The benefit of Form 22FM is that the parties are forced to consider this potential outcome at the time of mutual acceptance and agree, up front, to the amount of delay that will be given.
Should F22FM Be Included in New Offers?
If the property that is the subject of the purchase agreement already experienced the Force Majeure event, inclusion of a Form 22FM in a subsequent purchase agreement will not affect the performance obligations unless another Force Majeure event occurs. For example, assume the property was in an evacuation zone but the property was unaffected by the fire. Assume further that the evacuation orders were lifted on August 10. Finally, assume the parties reach mutual acceptance on August 15. Inclusion of the Form 22FM in this PSA will not affect any contractual timelines unless the property experiences another catastrophic event after mutual acceptance. Including Form 22FM in this contract results in no harm to the parties and if there should be another catastrophic event, the parties will have negotiated the contract term that addresses their rights and obligations rather than merely relying on the application of Washington law. It makes sense for brokers to include Form 22FM in a transaction like this but failure to do so is not fatal in any sense.
Should F22FM Be Added to Existing PSAs?
Assume the parties reached mutual acceptance prior to onset of the fires and after the fires are extinguished, the parties add a Form 22FM to their existing agreement. Inclusion of the Form 22FM will not affect any contractual obligations that existed prior to inclusion of the form, when the catastrophic event actually occurred. Again, inclusion of the Form 22FM will only dictate the terms of agreement after the addendum was included in the contract.
If the parties are attempting to modify their contract to reflect an agreement to modify deadlines based on the fires that already raged and are now controlled, the better approach would be for the brokers to draft an addendum specifying the actual agreement regarding delay. For example, if the parties agree to extend certain deadlines by 10 days, then the addendum should create those specific outcomes. Using broker's examples, assume the buyer's inspection contingency deadline passed prior to the onset of the fires and that seller's home was not impacted by the fires but that buyer's lender is unable to timely process the loan because lender's appraiser was denied access during evacuation orders, or an insurance binder is delayed, etc. The parties may agree to extend buyer's financing contingency deadlines and the closing date by 10 days but not buyer's inspection contingency. The brokers should draft an addendum reflecting the agreement of the parties related to specific timelines. Adding a Form 22FM would not create the same outcome. Adding a Form 22FM to the existing contract would not modify the contract based on the fires that occurred prior to inclusion of the Form 22FM.
Again, all of the broad principles explained above and the examples given are provided in the spirit of educating brokers. No two disputes will result in the same outcome and resolution of litigated disputes is entirely subject to the arguments, facts at issue and determination of the judge. If broker's client is in a dispute regarding any of the issues discussed in this question and answer, broker should advise broker's client to seek legal counsel.
|
|
Learn More →
|
|
Digital Version →
|
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.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Washington Real Estate Fair Housing - 3.0
Tuesday, August 25th, 2026 (9:00am-12:00pm) 3.0 CE Hours
Live Webinar
Learn More & Register
|
|
|
Current Issues in WA Residential RE - 3.0
Wednesday, September 2nd, 2026 (9:00am-12:00pm) 3.0 CE Hours
Live Webinar
Learn More & Register
|
|
|
Don't Get Whacked by the WAC's - 3.5
Wednesday, September 2nd, 2026 (9:00am-12:30pm) 3.5 CE Hours
Courtyard Pullman, Pullman, WA.
Learn More & Register
|
|
|
New Forms, Hot Topics & Other Industry Fun - 3.0
Wednesday, September 2nd, 2026 (1:00pm-4:00pm) 3.0 CE Hours
Courtyard Pullman, Pullman, WA.
Learn More & Register
|
|
|
Don't Get Whacked by the WAC's - 3.5
Thursday, September 10th, 2026 (9:00am-12:30pm) 3.5 CE Hours
Hampton Inn Vancouver, Vancouver, WA.
Learn More & Register
|
|
|
Washington Ninja REALTOR®: Mastering Contracts, Timelines & Tricky Transactions - 3.0
Thursday, September 10th, 2026 (1:30pm-5:00pm) 3.5 CE Hours
Hampton Inn Vancouver, Vancouver, WA.
Learn More & Register
|
|
|
View All Upcoming Classes...
|
|
|
|
|
|
|
|
|
