Comments on: Are YOU a Contractor? http://raincityguide.com/2007/10/03/are-you-a-contractor/ Seattle's Leading Resource for Real Estate Information Sun, 08 Nov 2009 01:47:42 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Who Needs to Register as a Contractor? | Rain City Guide | A Seattle Real Estate Blog... http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-238413 Who Needs to Register as a Contractor? | Rain City Guide | A Seattle Real Estate Blog... Thu, 03 Jan 2008 17:39:34 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-238413 [...] Russ Cofano posted about the changes in “Are YOU a Contractor? “on October 3rd, and Eileen Tefft posted another in “Home Owner Quicksand “ on October 10th, both sparked comments and questions. [...] [...] Russ Cofano posted about the changes in “Are YOU a Contractor? “on October 3rd, and Eileen Tefft posted another in “Home Owner Quicksand “ on October 10th, both sparked comments and questions. [...]

]]> By: Reba Haas http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-194693 Reba Haas Tue, 16 Oct 2007 16:22:53 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-194693 Russ, thanks for the usual excellent post! We've got clients that we're making aware of this change in the law so it's nice to see a place where they can come and learn a little more rather than just reading the document by itself, although we recommend they read it in its entirety and contact their attorney, if applicable, for their own interpretation and to strategize how they'll move forward with their investment plans. Russ, thanks for the usual excellent post! We’ve got clients that we’re making aware of this change in the law so it’s nice to see a place where they can come and learn a little more rather than just reading the document by itself, although we recommend they read it in its entirety and contact their attorney, if applicable, for their own interpretation and to strategize how they’ll move forward with their investment plans.

]]> By: Team Reba Real Estate » Are flippers really contractors? http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-194572 Team Reba Real Estate » Are flippers really contractors? Tue, 16 Oct 2007 07:15:35 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-194572 [...] For a synopsis of what all this means from a real estate attorney’s point of view read the following post from Russ Cofano over at Rain City Guide. http://www.raincityguide.com/2007/10/03/are-you-a-contractor/ Tags: financial matters, buyer's agency, financing/lending, listing agent, land use, For Sellers, legal issues, investment property, For Buyers, Uncategorized [...] [...] For a synopsis of what all this means from a real estate attorney’s point of view read the following post from Russ Cofano over at Rain City Guide. http://www.raincityguide.com/2007/10/03/are-you-a-contractor/ Tags: financial matters, buyer’s agency, financing/lending, listing agent, land use, For Sellers, legal issues, investment property, For Buyers, Uncategorized [...]

]]> By: Joe Kennedy http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-191665 Joe Kennedy Tue, 09 Oct 2007 18:14:32 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-191665 Last night at the REIA meeting there was a very animated discussion on this and a very real horror story was told. I will not be taking this lightly and encourage every real estate professional and investor to join in to do what we can to get this law changed - quickly. Last night at the REIA meeting there was a very animated discussion on this and a very real horror story was told. I will not be taking this lightly and encourage every real estate professional and investor to join in to do what we can to get this law changed – quickly.

]]> By: Kary L. Krismer http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-191582 Kary L. Krismer Tue, 09 Oct 2007 14:44:41 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-191582 It's not so much is it enforceable, it's what happens to you when they catch you. The penalties for not being licensed include a violation of the Consumer Protection Act. That can lead to limited treble damages ($10,000.00) and worse, having to pay the other side's attorney fees. Also, it can make the claim they have against you non-dischargeable in bankruptcy with the right fact pattern. So, let's say you flip a house and are not licensed. The buyer discovers a problem with the house. Ordinarily it would take certain fact patterns for you to be liable for the defect. If you're not licensed I could see them being able to prove liability in a lot more fact patterns, and under almost all of them you'd also owe attorney fees. It’s not so much is it enforceable, it’s what happens to you when they catch you.

The penalties for not being licensed include a violation of the Consumer Protection Act. That can lead to limited treble damages ($10,000.00) and worse, having to pay the other side’s attorney fees. Also, it can make the claim they have against you non-dischargeable in bankruptcy with the right fact pattern.

So, let’s say you flip a house and are not licensed. The buyer discovers a problem with the house. Ordinarily it would take certain fact patterns for you to be liable for the defect. If you’re not licensed I could see them being able to prove liability in a lot more fact patterns, and under almost all of them you’d also owe attorney fees.

]]> By: Greg Perry http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-190060 Greg Perry Sat, 06 Oct 2007 20:22:15 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-190060 Just plain goofy. In the end how much of this law is really enforcable? Just plain goofy.

In the end how much of this law is really enforcable?

]]> By: Kary L. Krismer http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-189328 Kary L. Krismer Fri, 05 Oct 2007 14:33:42 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-189328 The idea that being a registered contractor protects consumers is a bit crazy. It just requires a small bond, and any client of the contractor can access the bond, so it's unlikely it would cover anyone's loss. You could protect yourself better just by looking for lawsuits involving the contractor. The idea that being a registered contractor protects consumers is a bit crazy. It just requires a small bond, and any client of the contractor can access the bond, so it’s unlikely it would cover anyone’s loss.

You could protect yourself better just by looking for lawsuits involving the contractor.

]]> By: apella http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-189095 apella Fri, 05 Oct 2007 03:05:28 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-189095 Russ, Thank you for the post and information. Just on more thing to keep an eye out for (coming from an out of stater). I hope that Michigan does not get wind of this... but I will see what I can do to direct people to read this helpful item. Thanks again and as always was a very enjoyable read. Russ,
Thank you for the post and information. Just on more thing to keep an eye out for (coming from an out of stater). I hope that Michigan does not get wind of this… but I will see what I can do to direct people to read this helpful item.

Thanks again and as always was a very enjoyable read.

]]> By: Bob R http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-188992 Bob R Thu, 04 Oct 2007 23:39:25 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-188992 What I see happing here the real estate community is blind sided cause the Washington association of realtors has let them down and keep them in the dark for some reason. What of the buyers that were not told and closed after July 22? There no test its just some money to become a general contractor, no biggie. I just can’t help but think we will have tens of thousands of general contractors running around. Maybe Home Depot will ask for your card before checking out. O.K. The real question is when we comply and go out and buy our general contractors license what are the extra liabilities we are paying for???? I am thinking that I will drive the 140 miles to the investors meeting next Monday. I am not a contractor nor do I want to be one. Now if I have to be, what are the liabilities created by my new paid fore expertise. Now I are one. PS. Thank You for this cite been coming around since mid July after the ABS paper freeze looking for some direction. What I see happing here the real estate community is blind sided cause the Washington association of realtors has let them down and keep them in the dark for some reason. What of the buyers that were not told and closed after July 22? There no test its just some money to become a general contractor, no biggie. I just can’t help but think we will have tens of thousands of general contractors running around. Maybe Home Depot will ask for your card before checking out. O.K. The real question is when we comply and go out and buy our general contractors license what are the extra liabilities we are paying for???? I am thinking that I will drive the 140 miles to the investors meeting next Monday. I am not a contractor nor do I want to be one. Now if I have to be, what are the liabilities created by my new paid fore expertise. Now I are one.

PS. Thank You for this cite been coming around since mid July after the ABS paper freeze looking for some direction.

]]> By: Deborah Burns http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-188962 Deborah Burns Thu, 04 Oct 2007 22:13:11 +0000 http://raincityguide.com/2007/10/03/are-you-a-contractor/#comment-188962 Hi Russ, these questions are to provoke thought and discussion, not necessarily directed at you to answer. :-) Thanks for the interesting topic! Hi Russ, these questions are to provoke thought and discussion, not necessarily directed at you to answer. :-) Thanks for the interesting topic!

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