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Distressed Home Sellers in WA State get some more protection

By
Real Estate Agent

This is boring but important:
HB 2791 (RCW 61.34) is a new Consumer Protection Law for the state of Washington. It is ffective June 12, and its goal is to keep scam artists from stealing the homes of sellers in dire straits, otherwise known as Distressed Home Sellers. The scam is called Equity Stripping. And it is despicable.
There are some really sleazy predators out there. And this law includes some really strict punishments.
But... Like so many new laws, this has some unforeseen consequences and bugs to work out.

Sellers: According to the definitions, you may be a Distressed Home Seller, and not even realize it. If you discover your are a Distressed Seller, we have to decide whether I should act as a Distressed Property Seller Consultant or simply as your Agent. But if you are not a Distressed Seller, things work just like they always have, plus you will be asked to warrant that you are not "Distressed".
(This law is intended to protect "Owner Occupied" primary residences. one of the glitches I think this law has is that it only includes condo owners when their unit it in a building with 4 or fewer units. What about the bigger complexes? What abot co-ops? )

Buyers: Yes, this impacts you too! You may become a Distressed Home Seller "Consultant", without ever planning on it. There are 9 actions which will make you a consultant, the most common is if you Close on a property within 20 days of a scheduled Foreclosure Auction. We will discuss how this impacts your choices, and if you are even willing to consider these kinds of properties.
The biggest difference for Buyers I have worked with in the past: We need to execute a Buyer's Agency contract to work together. It is very similar to the contracts I use with Sellers, but describes, among other things, which properties you want me to show to you.

Each brokerage must choose to offer "Consultant" services, or Not. My brokerage is saying "Yes, Of course we will." We want to help our clients however we can. So I am taking training to make sure I understand what the new law requires. And my broker is preparing a service contract to streamline this process and make sure you understand exactly the service you are being promised, as well as limitations.

There are some great things about this law. It gives sellers in tough situations protections against creeps who try to steal their homes. And hopefully the "worst" is just a bit more paperwork for you, and a bit more paperwork for me. Keep your fingers crossed! If you know people in this kind of situation, please make sure they are hiring agents who are educated and informed about this law.

NOTE: There are a total of 19 states with these kinds of laws. Washington State is the only one that didn't remember to exempt real estate brokerages and these types of normal services. Of course, they remembered to exempt the services of the attorneys, mortgage professionals, title companies etc. That is the type of fix we are going to work on. OK, minor rant done.

I hope this level of information doesn't make your eyes fall out or make your head spin in circles. I have had some time to absorb how this will impact my clients, and take some classes, and it is starting to feel like just another layer of data. Like any other major change to real estate laws.

You can always call me to ask a question about this issue, or maybe you just want to ask what your neighbor's home sold for. I work with Buyers, Sellers and Investors in the South Sound around Olympia and Shelton. This includes those communities with soldiers from Ft Lewis & McChord AFB like so much. Cal me if you are PCSing or relocating to the area!

Jesse Clifton
Jesse Clifton & Associates - Fairbanks, AK

Great post, Sara.... it will be very interesting to see how this unfolds.  The intent sounds good but I can envision where this could cause all sorts of headaches.  

Jun 05, 2008 11:25 AM
Sarah Nopp
South Sound, WA

Hi Jesse, Yes, it will. One of the interesting things the new law did was take us backward from Agency Law to Fiduciary Law, in regards to our duties to the Sellers of these properties. The MLS & WA Realtors did a great job addressing this discrepancy in our listing contract language. I am very impressed with the speed they have worked to make this least painful for myself and clients.

Jun 05, 2008 11:37 AM
Jo Olson
HOMEFRONT Realty - Kettle Falls, WA
Retired - HOMEFRONT Realty @ LAKE Roosevelt

Sarah, I just finished watching the video and updating the forms that I have on my website - the Buyer Agency Agreement. I received my license in 1994 and was so glad when the Agency Law went into effect in 1997. For those of us that are educated in our profession we will be fine - for the loose cannons out there - well they better check their E&O policies :) I think this could have been addressed without agents having to become DHCs and I do think that will be revised.

Jun 06, 2008 01:34 PM
Colleen Fischesser Northwest Property Shop
NextHome Experience - Chelan, WA
A Tradition of Trust in the Pacific NW since 1990!

Sarah, while I think the intent of this law is grounded in protection for the consumer, the consequences of it, whether intended or not are extreme and should not be taken lightly. Our risk as agents and broker, not to mention the risk of buyers in the market, is very high. The law was rushed through the Washington State legislature with no committee review and no response from NAR or WAR. It is a very poorly written statute and it will be interesting to see whether it is overturned or modified in the near future. Either way, we are likely stuck with it until at least June 2009. Anyway you slice it, it is not a great thing for our industry. Yes, vulnerable homeowners will have some civil remedy for the unscrupulous activities of a few, but the industry as a whole has been dealt a blow.

Jun 06, 2008 01:45 PM
Sarah Nopp
South Sound, WA

Jo- I am more concerned about the agents whose brokers don't even have E&O. Or whose brokers aren't taking this seriously enough to have attorneys or serious education. Or take the time to discuss best practices as an office.

Colleen- Yes, I agree with you totally. We have been having some interesting "what if" conversations throughout the office. I am glad I am at an office with people who like to wrestle through these serious things and find ways to serve the clients. It really is going to require some very detailed conversations with buyers- that is why I am going to be using Buyer Agreements for the first time in the 7 years I have been licensed, They need to know what constraints I am under and how that will help them.

Jun 06, 2008 03:44 PM
Abe Do
Olympia, WA

Nice post, glad to see others are confused and discussing this as well.  My confusion lies within the disclosure statements - I mean realistically the definition of a distressed home owner could include all real estate agents, and any other commissioned salesperson.  How ridiculous will it get before practicing real estate will require a law degree?

Within 2 years everyone will be required to have a brokers designation to practice (which I think is a good idea) but what will be the next step?  To require all commercial agents to have a CCIM designation?  To require all residential agents to have attended psychological classes to assist their clients?

I have clients who have made their money buying distressed properties over the last 4 years and now are completely getting out of the business due to the new laws.  I think the intent is well placed however the conditions and terms likely need to be reviewed and revised.

Jul 03, 2008 04:58 AM
Sarah Nopp
South Sound, WA

Hi Rayn,

This is an unfortunate case of a law that is going to hurt the people it was intended to help. Because, let's face it, if someone is looking for a way to scam someone, this law isn't going to do it. It just puts more hurdles in the way of everyone else.

Jul 07, 2008 09:23 AM