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This post is probably a little late, but with June 12th just around the corner, buyers probably need to be worried today about House Bill 2791 going into effect on that date. As mentioned in the other threads on the topic, if a buyer buys a house within 20 days of a foreclosure date, they are deemed a fiduciary of the seller, and have to put the seller's interest above all others, including their own. Violations of the act are deemed violations of the Consumer Protection Act and can subject the buyer to claims for treble damages up to $100,000 and attorney fees. Presumably a sale within 20 days of foreclosure means the date that the transaction closes, not the date of the offer, but that is not clear.
Personally I think that it would require a pretty special house for a buyer to take that risk, especially when there are so many other houses out there. But at the very least, a buyer should consult an attorney regarding the risk they face prior to taking the risk.
Also, in my opinion, agents on the other hand should consider including a clause on every offer written which allows the buyer to void the transaction if the closing date will be within 20 days of a foreclosure. The NWMLS apparently will have an addendum soon that does that, but it's a bit late since transactions written today can be affected. Personally I think that clause should be added to the purchase and sale form, rather than being a separate addendum.
Moving can be incredibly stressful. Sometimes what may seem like a little thing, becomes a big thing to one party or the other. Here's a true story about a sale I was involved with in the past:
The home sale closed, the seller jetted off to a new home in new lands, and the buyer happily received the key to move in. The day after closing, I received a call from the buyer's agent telling me the seller had taken the bathroom mirror. The mirror had been hanging on a hook, just like any picture, decorative mirror or painting. The buyer wanted the bathroom mirror.

Whenever I sell a home I always have my clients look carefully at the language in the included items paragraph from NWMLS Form 21:
Included Items. Any of the following items located in or on the Property are included in the sale: built-in appliances; wall-to-wall carpeting; curtains, drapes and all other window treatments; window and door screens; awnings; storm doors and windows; installed television antennas; ventilating, air conditioning and heating fixtures; trash compactor; fireplace doors, gas logs and gas log lighters; irrigation fixtures; electric garage door openers and remotes; water heaters; installed electrical fixtures; lighting fixtures; shrubs, plants and trees planted in the ground; and all bathroom and other fixtures. However, items identified in Specific Term No. 5 are included only if the corresponding box is checked. If any of the above Included Items are leased or encumbered, Seller agrees to acquire and clear title at or before closing.
The sellers had reviewed included the items language in the contract. Generally, items affixed to the home are considered part of the property and included in the sale. In reading the paragraph, it states bathroom fixtures stay, but is a mirror on a hook a bathroom fixture or just a mirror? We contended it was just a mirror, since it was not attached to the wall. The buyers disagreed and said the bathroom mirror was a fixture.
Agents went back and forth, brokers went back and forth on this issue, and, at the end of the day, there was no consensus. The buyers' camp felt the mirror was a fixture and the sellers' camp said it was just a mirror. Since the seller was literally gone and out of the country, the discussion ended there.
There are two issues to consider with this story. One issue is the importance of a buyer walk through of a home just before closing. The agent representing the buyer should have had a walk through of the property just before closing. If she had taken the buyer through the property, the buyer would have noticed the mirror was gone and the issue could have been handled prior to closing.
Moving is stressful, emotional, scary, wonderful, exciting, and a lot of hard work all at the same time. Little things can become big things, so make sure you have that walk through to help eliminate the small things from becoming big things.
The second point of this article: Is a mirror just a mirror? Questions like this make our job interesting, and sometimes challenging, because it becomes important to the buyer and seller. Will there be discussions now about toilet paper holders, since they are not always attached? There are free standing metal gadgets designed just for this purpose. 
Does this mean these are now fixtures that must stay because there's no toilet paper holder in the wall? What do you think? What's your take on the mirror? Was it just a mirror or a fixture? What about toilet paper holders? What about free-standing stoves? With the changing styles and finish work in construction, is there anything else you can think of that could be a potential issue between buyer and seller?

When the Preservation Board was trying to decide whether or not the old Manning's/Denny's restaurant in Ballard was architecturally significant, the Ballard News-Tribune went to the source, an expert in Googie architecture and author of "Googie Redux: Ultramodern Roadside Architecture" and "Googie: Fifties Coffee Shop Architecture", Alan Hess.
Said Hess of the Ballard Denny's:
"Manning's was just an ordinary restaurant for the average person in a typical neighborhood, but more and more, it is being recognized that the buildings which tell us about how the average person lived are just as important as the buildings where rich, famous and powerful people lived. It's all a part of telling who we are as a people."
Alan will speak this evening at the Swedish Cultural Center (1920 Dexter Ave. N., Seattle), and begins at 6:30 pm. For those who wish to tour the Swedish Cultural Center beforehand, be in the lobby at 5:45 pm. Cost is $10 and sponsored by DocoMomo.
Many people believe Googie architecture exists only in Southern California, but I began photographing the Googie style several years ago and hope that I'll be able to document the preservation and restoration of the Ballard Manning's/Denny's over the years to come.
Knute Berger at Crosscut has done a remarkable job in documenting the ongoing controversy surrounding the Ballard Manning's/Denny's.

Last night I was with a friend at his dad's house and saw this old floor buffer outside on the deck.
My family had the exact same one, even the same pink color! As kids, we used to argue about who got to use it to buff the hardwood floors. We never argued over who got to vacumn, but this particular appliance was popular in our household ... was it in yours?
As we got older and less enchanted with actual housework, this tool became something we kids dreaded. Today's kids really missed out on all the fun of floor buffing :-)! Our modern hardwoods are so easy, they don't need to be waxed or polished, just clean with a bit of vinegar and water.
I hope this little photo jogs you down memory lane, buffing and polishing, and sliding down the hall in your stocking feet.
By the way, his dad uses his floor buffer to clean his exterior deck, instead of a pressure washer. The deck looked great, so it must work pretty well.
Dugald has done two pieces on the new distressed property law. This piece will focus on the biggest problem with the distressed property law; that it's poorly drafted. Poorly drafted legislation results in a lot of uncertainty, and a lot of unnecessary litigation.
To know this act is poorly drafted, you need look no further than the definition of "Distressed home," which means either:
(a) A dwelling that is in danger of foreclosure or at risk of loss due to nonpayment of taxes; or
(b) A dwelling that is in danger of foreclosure or that is in the process of being foreclosed due to a default under the terms of a mortgage.
The first thing to note is that both (a) and (b) include a "dwelling that is in danger of foreclosure. . .." This unnecessary duplication at the very least shows the language was not well thought out. (Edit 5/21/08: What makes it unnecessary duplication is that "in danger of foreclosure" is a defined term, so it's not "at danger of foreclosure or risk of loss due to.") Even worse, although being "in danger of foreclosure" is a defined term, "at risk of loss due to nonpayment of taxes" is not a defined term. What does that mean? I'm current on my state and federal taxes, but if I don't pay my real estate taxes for three years I'll lose my home. Accordingly, under the definition, my house would be a distressed home. Or what about someone with an IRS tax lien? The IRS policy limits greatly the times when the IRS will actually foreclose a home. But does the existence of a filed IRS lien make the home a distressed home? That will someday need to be answered by our state's supreme court.
The second thing to note is the definition of "in danger of foreclosure." That means any of the following: (1) The homeowner is in default under the note and deed of trust; (2) The homeowner is 30 days delinquent on the deed of trust; or (3) The homeowner has a good faith belief they will default within the next four months and they've reported that belief to certain people. Note that there is no requirement that any other party to the transaction know that the homeowner has this belief.
So, a distressed home includes not only what would be reasonable--homes actually in foreclosure--but also the unreasonable--homes where the owner thinks they might make a payment late within the next four months. And arguably, under the strict interpretation of the statute, it includes every home, because every home has real estate taxes assessed against it every year, and non-payment of those taxes will result in the loss of the property. To say this is poorly drafted would be an understatement.
It should also be noted that there's no requirement that the owner actually reside in the home. The definition above refers to a "distressed home" being a "dwelling." A "dwelling" is a defined term, and means any 1-4 unit residential building. (Edit 5/21/08: Note that this seemingly leaves most condo owners unprotected, which is almost certainly unintended.) Seemingly the term "distressed homeowner" would include only the resident of a home, but a "distressed homeowner" simply means the owner of a distressed home. The term "homeowner" is defined as the person owning and residing in the home, but that does not carry over to the definition of "distressed homeowner." The point? People covered by this act include not only what we would consider to be homeowners, but also investors. Someone could own 10 rental houses, and any or all of those houses could be a "distressed home." I really doubt that's what was intended, but that's what was enacted.
Just as bad is the definition of "distressed home consultant." Dugald previously pointed out that the consultant can include the purchaser, if they purchase a home within 20 days of it being foreclosed. And as Dugald also pointed out, the "distressed home consultant" has a fiduciary relationship to the seller. Completely absurd. You could easily have a situation where a property is listed on the NWMLS, an offer made 60 days prior to foreclosure, the buyer does not know of the foreclosure, and the sale close within 20 days of the foreclosure. The result would be the buyer is a fiduciary to the seller. Why? (Edit 5/21/08: Apparently the NWMLS is working on an addendum that will allow the buyer to back out in this situation. I'd argue that should be part of the revised purchase and sale agreement, so than any buyer could back out if they discovered a foreclosure after the time they made an offer.)
That is by no means the only bad part of the definition of "distressed home consultant." It also includes any person who contacts a "distressed homeowner" offering to obtain a waiver of an acceleration clause in a deed of trust. I'm not certain of this, but I think that would include anyone who offered to assume a loan as part of a purchase where the loan had a due on sale clause. If so, that would again make such a purchaser a fiduciary of the seller.
Believe it or not, I'm saving one of the worst for last! A "Distressed home purchaser" is a person to acquires a "distressed home" in a "distressed home conveyance." A Distressed home conveyance" is where a "distressed homeowner:" (1) Conveys to a "distressed home purchaser;" and (2) The "distressed homeowner" is allowed to occupy the land; and (3) The "distressed homeowner" is promised something in the future or given an option to purchase. All fine and dandy, except that the definition is circular. You don't know who a "distressed home purchaser" is until you know whether the transaction is a "distressed home conveyance," but determining whether you have a "distressed home conveyance" requires that you have the home purchased by a "distressed home purchaser." This really makes much of the act fall apart since so many sections only apply to "distressed home conveyances."
On a positive note, I've almost come to the conclusion that the only criminal exposure under the act is if you repeatedly purchase property and certain other things occur in the future (such as your being unable to make every payment for the next two years). Why is this good? It means that I don't think there's any criminal exposure for real estate agents representing buyers and sellers. (Edit 5/21/08: I believe you also need the owner retaining some sort of an interest in the property, but I'm backing off from the claim that there's no criminal exposure for agents. I'm not familiar enough with criminal law to know whether you'd be subject to criminal prosecution for being involved with a transaction where the buyer was involved in a criminal activity.) Unfortunately, this act is so poorly drawn, I don't have great certainty in my belief, but that does appear to be the case. But the Consumer Protection Act portions do apply to everyone covered by the act, so clearly it's best not to be a "distressed home consultant" or a "distressed home purchaser." Guess where that leaves the "Distressed homeowner?" They've become parties no one in their right mind would want to have a transaction with. That leaves them in foreclosure.
I could say a lot more about this act being unreasonably complex. In many areas it's not really clear what you need to do, or what the remedies are if you don't do them. But the bottom line is this act is just a mess, and should be repealed ASAP.
OK, so for those of you who keep track of this stuff, and who might remember the post I put out there mid-April, you'll remember our discussion about investors and the new stemming from
HB2791 that will be effective on 6/12.
The Washington Realtors put out an email on the matter (copy posted here on my web site) that, frankly, frightens me. Even more information is at the WAR website at www.warealtor.org/distressed_properties.asp (note: the classes listed are for designated and managing brokers only.)
Active Rain has a blogger who disagrees and the attorney general has apparently issued a statement saying that the law wasn't his intended consequence.
You see, one part of my business (not a large part) is dealing with distressed sellers as a listing agent. I broker home and property purchases between sellers and investors or retail buyers to purchase these homes out of the clutches of the banks and allows the sellers to maintain some control over their destiny in the process. We all might be there some day as the definition of a "distressed seller" includes every single homeowner who lives paycheck-to-paycheck.
Look, I support sensible consumer protection. I know - first hand - from my business that a person in foreclosure is not in a great frame of mind. They are easy targets to persuasive people who will promise them anything to get the deed to the house. It's not always fun working with distressed sellers. It can be rewarding.
However, regardless of the sorrow involved, there is a need for an outlet for homes in the process of being foreclosed upon.
A secondary tier of commerce involving distressed properties is good for the economy. It puts contractors to work and it puts profits back into the state. This investor market generates excise and sales taxes, fuel taxes, permit fees and other government revenue. It's good for the economy.
What's happened is that the legislature put forward a law that may require every single listing contract in the state to be re-written and will require the re-examination our relationship with out clients - and the services that are a "must have" for distressed sellers: assistance with the bank's loss mitigation folks, assistance gathering paperwork for a short sale, assistance with moving out and potentially finding a new place to live, etc. etc.
The legislature says that the consumer advocates are saying that more homes going to auction is a good thing: "let the system do its thing" they say.
They miss out the fact that an open market $200,000 home sale generates... $3,560 in excise tax. A $400,000 home generates $7,120. All of this goes away at a foreclosure auction sale. All of it. No excise tax due at auction. Not a penny.
They also miss out on the fact that, while investors have methods of financing auction purchases (I'll bet some of you didn't know that, did you?) retail buyers do not have the same outlets for funds. So if a home is destined for auction, there is little opportunity for most retail buyers to purchase that old home and make it into their dream.
OK, so while median and average pricing is up across the board in King County, NWMLS volumes are down 33%. Unless I am mistaken, that means that Real Estate Excise tax is down... well, 33%, right?
What a coup: putting roadblocks to home ownership and reducing the ability to collect excise tax when excise tax revenue is down by a third!
I sometimes just shake my head...