FLASH!! FYI for WA investors (and others) - Posted by Steve-WA

Posted by Paisley WA on August 06, 2005 at 02:51:34:

NT

FLASH!! FYI for WA investors (and others) - Posted by Steve-WA

Posted by Steve-WA on August 05, 2005 at 16:40:11:

This directly applies to WA residential sales, and you may want to check your own state’s requirements.

John Merchant brought to my attention this morning something I did not know, and he just learned:

Sale of a MH requires a Seller’s Disclosure, just like Real Property.

Chapter 64.06 RCW states: “For purposes of this chapter, residential real property means: … . . (4) A mobile or manufactured home, as defined in RCW 43.22.335 or 46.04.302, that is personal property.”

Further, it requires a form 17 (seller’s disclosure) , “. . . unless the buyer has expressly waived the right to receive the disclosure statement, . . .”.

What this means to me is that even though I am selling a vehicle, it is defined as a residence and thus comes under this law, and from now on my Sales Agreement will include this statement: “Buyer [ ]does [ ] does not expressly waive the right to receive a completed seller disclosure statement.” And I will have a completed Disclosure on hand, in case they want it. Should be a standard carryover of “I don’t know’s”, but state law requires it, and I’d better be in compliance.

This is the kind of thing that could burn my a$$ in ocurt, if it ever happened. And it’s an easy one to prevent.

here’s a link to Chapter 64.06 RCW:

http://www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter&chapter=64.06

Re: FLASH!! FYI for WA investors (and others) - Posted by JohnP

Posted by JohnP on August 06, 2005 at 06:46:14:

Thank you Steve,

I do have a standard disclosure on my sales contract, but I can definately use some of the disclosures on this form. Even though my state does not require disclosures, you still can be sued.

JohnP FL