Historic Photos of Your Seattle Home

Did you know that if your home was built prior to 1930, there may be a photo of it in the State Achieves that you can obtain?

It takes a couple weeks to receive the photo and for a few cents extra, you can order the records that they [photopress:prince.JPG,thumb,alignright]have available from that time.    The black and white photo is from 1939 of the property which was built in 1927.   The color photo is a current picture of the home.

To order a photo of your home from the Puget Sound Achieves, click here to send an email.   You will need to provide:

  • Property address
  • Tax Parcel Number (I can help you find this if you don’t have this handy)
  • Legal Description (lot/block…they just want a brief one)
  • Your name and contact info

You can order anything from a 5×7 for $17.00 to a 16×20 for $55.00.   They will let you know what years are available.  It’s kind of fun to frame the older photos or to at least have them on hand.

Workshop Post-Beginning the Homebuyer Process

In the “workshop post” I wrote this morning, I indicated that I have almost always started the homebuying process with my clients by looking at was has SOLD vs. what is currently for sale.  Sold, Pending and STI properties will better reflect the best that the market has to offer in your price range, as someone liked them, and bought them.  So better to set your sights and parameters based on these properties, before you look at the properties for sale.  I had a request to do the Green Lake/Wallingford area in a similar “workshop post”, so here goes.

A buyer client tells me that they want to live in Green Lake“.  I ask why because wanting “the lifestyle of being able to live where they can walk around the Lake” is a LOT different than wanting to “live in Green Lake”.  Seattle Agents and publications define Green Lake much more narrowly than consumers who just want to be within walking distance to the Lake.

So I go to the mls, which I now have open in a separate window, and I DO NOT search for “Green Lake” by Community.  Instead, I do a radius search, and I put the center point of the circle smack in the middle of the Lake.  I draw the circle at 1.45 miles from the center of the lake. First, because no one is walking IN the Lake, so part of that distance is the Lake itself.  Secondly, because walking around the lake is 2.7 miles or so.  If you are going to walk around the Lake once or twice, I figure you can walk a mile to get TO it, and should consider your options within that distance.  Third because I used to live exactly 1.45 miles from the center of the Lake, and it was a comfortable walk over to the Lake, even in high heels.  So I know, from personal experience, that this is a reasonable parameter and opens up the options, especially if a client’s price range is teetering on maybe not being able to afford to live “near” the Lake.

Obviously you are not going to pay as much for a house 1 mile from the Lake, as you will for one across the street from the Lake.  But some people are very surprised by how much house they can get, if they just go a little further away, and so should consider all property within a mile of the Lake, all the way around the Lake.  Someday I’ll have to tell the story of when I showed a house that was used as a brothel.  It was a riot and an experience I will never forget. Talk about “never let them see you sweat”. But I’ll skip that area in this workshop post.  Suffice it to say, that while it IS close to the Lake, you may not want to be the first house in from Aurora on certain streets. 🙂

The median price range for this area is $447,000, but includes some houses priced as high as $1.7 million.  So let’s say that this client is single and can afford up to $450,000.  The first thing I see is that 265 properties have sold in the last six months for $450,000 or less, and that does not include the STI and Pending sales.  So the first question is answered.  YES, you can afford to live within walking distance to Green Lake.  Let’s see what he can get for something that is at least 900 sf and built since 1990.  I expect to find condos and townhomes, but since he is single, he may want something newer, rather than an older house that needs a lot of work, so let’s look there first.

WOW!  68 newer townhomes and 12 condos have sold and he really likes the idea of owning a newer townhome, which in Seattle are not condos.  Since there are so many, and he likes the two story townhomes vs. the one floor condos, we can up the square footage to at least 1,200 square feet.  He really likes this style

Which is only 6 blocks from the Lake up at the top end by Duke’s.  I call that “the Top”.  It was over 1,400 square feet, had 3 bedrooms and 2.25 baths, a garage, and was well within his price range as it sold for $390,000

Now he is VERY upset that he never saw that one as he had been looking on the Internet for a home before he met me, and this one just closed.  He wants to know how and why he missed this one.  I look in the mls and note that it wasn’t “mapped”.  Not mappable for some reason OR maybe the agent didn’t want to show it on a map, as the map feature makes it look a lot closer to a busy road than it actually is.  So if the buyer was looking at property via a site that required “mapping” to be intact…this one would may have been overlooked if he was only using that “cool” feature..  Most sites offer various means of searching for property, the same way that I can use several “search types” when using the mls.  Don’t use ONLY one, if you are seriously looking for property and not just browsing around the Internet.  Use several sites and a few different search methods.  Not just “the fun” one.

He asks what a .25 bath is.  I explained that there was no .25 bath in this townhome.  “2.25 baths” equals 1 full bath (with tub), one 3/4 bath with a shower (and no tub) and one “powder room” with toilet and sink on the main living area.

He asks if he can rent out the other two bedrooms.  I point out the layout and what he will “lose” if he rents out the two rooms to people he doesn’t know REALLY well.  First, he will pretty much lose his “yard”, because the sliding glass doors to the yard are from the lower floor bedroom.  Kind of awkward to go through someone’s bedroom to get to your yard, and possibly even more awkward to sit in your yard, staring into someone else’s bedroom.  I also point out that in this townhome, the 3/4 bath is down with the lower level bedroom.  So if he is OK with only using his yard with the lower tenant’s permission, yes he can have a friend live there and contribute some money each month for groceries and utilities. (Not legally “rentable” as a separate living unit.)

Main drawback is the top floor had no “master bedroom” as there is one bathroom in the middle of the hallway between the two bedrooms.  So if he “rented” the other bedroom upstairs, he would have to share his bathroom with that other person.

He wants to know how I know where the bathrooms are and where the yard access is, etc without having ever been in the property?  One because almost all Seattle townhomes are built with two bedrooms on the top (3rd) level and one down at the garage level.  Second, because the position of the bedrooms and bathrooms is noted in the mls, but not on the public sites.

There was a much bigger townhome on the Wallingford side, but the front door was “below grade” and it sold for $35,000 more

After looking at and discussing all of the options, he decided he’d rather have something like this free standing newer single family home for $450,000 with attached garage and 1,600 square feet in Greenwood.

He was surprised that both of these were built in 1990.  He said they seemed newer.  I explained that was because they upgraded the colors in the house and updated the appliances to stainles steel when they remodeled the kitchen.

The client was happy with his options.  He didn’t think he could get something newer in his price range, within walking distance to Green Lake and shops.  He didn’t rule out attached townhomes, but we figured out he preferred a free standing townhome, at the higher price.

This Just In: Zero Interest Loans, at a Cost of Zero, with a Monthly Payment of Zero (APR 0%)*

This is part three of a four-part series of blog articles about the subprime mortgage problems facing the real estate industry. In part one I sketched the rise and fall of subprime loan products and their relation to predatory lending practices within a capitalist system. In part two, I examined the structural relationship between a professional and his or her client. In today’s blog article, I will compare the subprime problems with a classic business ethics case study.

The space shuttle Challenger accident has frequently been used as a case study in the study of engineering safety, the ethics of whistleblowing, communications, and group decision-making.  With Challenger, an O-ring eroded on earlier shuttle launches. Morton Thiokol (MT) managers believed that because it had not previously eroded by more than 30%, that this was not a hazard. During a pre-[photopress:morning_1_2_3.gif,thumb,alignleft]launch conference call with NASA, the MT engineer most experienced with the O-rings, Roger Boisjoly, pleaded with management repeatedly to cancel or reschedule the launch. He raised concerns that the unusually cold temperatures would stiffen the O-rings, preventing a complete seal. MT senior managers overruled him and allowed the launch to proceed. Challenger’s O-rings eroded completely as predicted by Boisjoly resulting in the disintegration of Challenger and the loss of all seven astronauts. Boisjoly concluded that the caucus called by managers who decided to launch, was an unethical decision-making forum which came about because of intense customer intimidation. “Roger Boisjoly and the Challenger Disaster: The Ethical Dimensions

Beginning the Home Buying Process-Workshop Post

I’m trying out a “Workshop Post” style, where we DO what I do, together in realtime.

I have My MLS up as I write this article and we “work” through the scenario together, online.  The client will be hypothetical, but fairly consistent with an average actual scenario.

Young couple want a home for $500,000 in 98033 that is at least 2,500 sf, no more than 5 years old, with a lake view, if possible.  These parameters feel “off” to me, so before we talk about looking at homes, I go with the client, to the computer and test the parameters.  “Let’s put these in the mls and see if any have sold in the last 6 months using these parameters.”

Entering 98033, max price of $500,000, minimum year built 2002, with a Lake View.  Zero Found.  Before we take out the Lake View, let’s try shifting to 98034.  Nope, still Zero Found.  Before we take out the Lake View criteria, let’s try built since 1990 and 2,000 sf or better.  Still nothing.  OK, let’s take out the age of house restriction and see if that buys a Lake View.  Nope, still none.  Husband says, “Can I get a Lake View if I up the price to $600,000?”  We find a couple in both 98033 and 98034.

Wife starts getting teary eyed, doesn’t like the style of those houses and is not willing to trade down to houses like that just to get a view.  Husband and wife talk and agree that getting a veiw isn’t worth trading down in age and size and style.

Start over.  Back to original parameters of not more than $500,000 in 98033, 2,500 sf, built since 2002, but with no Lake View.  Nope, still none.  We shift to 98034 and we find one, but wife doesn’t like the style of home.

Buyers are getting discouraged.  I take over at this point and help them out.

 

I say are you looking for something like this?  It has 4 bedrooms, 2.5 baths.  It was built in 1995, has 2,350 sf on a 10,000 plus sf lot and sold for $540,000.

Now we have two big smiles.  YES!!  They say, but we really wanted Kirkland.  I ask why.  They say because they wanted Lake Washington School District.  I say this IS Lake Washington School District, but it’s in Zip Code 98011 in the Finn Hill section of Bothell, possibly in the section Kirkland is talking about annexing.  Have to check on that.  They say they don’t care, as long as it is Lake Washington School District.  I say, but if it is in the “likely to be annexed” portion, the value may improve if the address becomes “City of Kirkland”, which would make it an even better investment. 

Now I give them “the bad news” that it likely has LP siding.  They ask how I know that?  We talk a bit about why it likely has this type of siding, and what that means, and not to limit to just this type and location I move on to other likely good scenarios and show them these houses:

all of which are in Kirkland, and come up with 10 to 12 other good options just outside of their original parameters.  In Kirkland, but a little older, newer, but  little smaller, older but remodeled, etc…

Now we are all happy and on the same page before we begin to look for property.

Agents often ask my why I don’t just tell them all of this in the first place, as I obviously don’t need to “go through the motions” to know what I already knew at the end.  I do it because it doesn’t take very long and I can’t really tell someone to knock out the view consideration or switch their other parameters.  I need to go through the motions because some will change to condo with a view or townhome, and some will stick with single family. 

By using what HAS SOLD in the last six months, instead of what is for sale today, we can see the likelihood of whether or not the option WILL exist into the future. Very Important.

Not everyone moves in the same direction, once the original parameters need to take a shift this way or that a bit.  So playing through the process is the only way I know how to have the client move the parameters, and not the agent alone.  Once they determined Lake View was the one parameter that was going to be moved, and once they knew the reason they imposed those parameters, such as School District, I was able to speed through to a “better place” and ease their pain.

This experimental post is what I think people mean when they say they want “more transparency” about how real estate really functions.  If you like it, I’ll do some more using other areas such as Green Lake, Redmond, etc…  I can’t do places outside of my service area, so don’t ask me to do Columbus, Ohio :), but I can take specific requests for a post like this one.

Starting with Community Outreach

Even before we were done building out the InsideBu website, I recommended that Madison start doing some research. And I started by advising him to fill up his sidepanel with links. My logic is that the process of building up a blogroll forces a new blogger to read other bloggers. The fact that it also also has the benefit of building up some good will with prominent local bloggers is just icing on the cake!

Here is the advice I gave him:

In the first week, there is no need for any blogging (although you should be writing a few posts just to get the blogging muscles exercised!). My recommendation is to spend a few hours this week researching the online competition for your area. At the end of Week 1, I would expect for your sidepanel to be filled with a bunch of links! (For background, see this blog post on Linkation!).

To give you an idea of where I’m going, I recently revived a bit of the neighborhood focus on RCG, which resulted in these Neighborhood Roundup posts. You simply will not find as many neighborhood blogs in Malibu (any?), but that doesn’t mean you should slack on the links… In terms of where to start, here is where my gut says should be the order of importance:

  • Local Bloggers
  • Celebrity Bloggers
  • Project Blogger Participants
  • Local News sites
  • Local Real Estate Professionals
  • Los Angeles bloggers

Some places to start looking for bloggers and other sidepanel links:

To see how Madison has implemented these recommendations of Project Blogger, check out the sidepanel of InsideBu!

Steps to Hosting Your Own WordPress Blog

It has been so long since I initially set up a blog on a new server that I had to pretty much re-learn everything in order to build InsideBu. The process isn’t all that hard if you’re comfortable with terms like FTP and database. If not, there are many great blogging options for people who will host your blog for you (The Top Producer team I work with will happily host a WordPress blog under your URL as part of their real estate website product!) and both WordPress.com and Blogger offer good, free blogs (hosted under their URL).

BTW, I feel compelled to mention that this blog post is LONG LONG LONG overdue as I promised it way back on December 15, 2005, but never could put together all the steps into a blog post and never had the need to build a new blog from scratch.

Here are my running notes taken directly from a Google Doc I used to document the process (but cleaned up to add links and delete out usernames/passwords)…

We choose to use Yahoo Hosting because I’ve heard good things from other bloggers about the service. I was less concerned about the price (good hosting options for a blog differ by at most $5/month), and really focused on ease-of-use. I’d heard that Yahoo has a really easy install for WordPress (WP) blogs and that definitely appealed to me!

However, I was immediately disappointed that the blog they install was an old version of WP and not in the root directory. This would mean that I would need to do a manual upgrade before even blogging! OUCH! Anyway, I ended up bypassing Yahoo’s “easy install” option and instead, I installed the latest version of WP from scratch.

The manual install required three extra steps:

  1. I needed to create an ftp user using Yahoo’s admin panel (easy!)
  2. I needed to created an “empty” MySQL database (which also required me to install PHPMyAdmin) and note the name of this database (again, all of this was done through Yahoo’s admin panel)
  3. I needed to install use an FTP client (I used the free and open source FileZilla)

None of these were particularly hard and I noticed that Yahoo provided help files for all three of these tasks should you need that kind of thing.

With the back-end ready, I simply followed the instructions for the 5 minute install of WordPress

This required me to create an admin profile for the blog (again, pretty straightforward).

At this point, InsideBu.com was live and functional, but with a generic theme and no plugins…

Here are some of the steps I took to spice up the blog and get it ready for launch!

  1. I installed and activated some basic plugins.
    • To install I simply used FileZilla to drag and drop the files from my hard-drive to Yahoo’s servers. Once configured for a server, FileZilla operates somewhat like the Explorer tool on Windows.
    • To activate, I simply clicked the “activate” button within the “Plugins” tab of InsideBu’s Admin panel.
  2. The plugins were:
  3. I tried to update and optimze the permalink structure, but this screwed up something on the new version of WordPress and I couldn’t find the .htaccess file to update (long story!), so I gave up on this one for the time being and used the generic linking structure (i.e. “?p=33”)
  4. Installed and activated the appropriate theme! In our case, Madison choose Orange Sunrise. This required me to
    1. download the theme
    2. unzipp it
    3. ftp the files to the “themes” folder on Yahoo’s servers
    4. activate it on the wp-admin panel
  5. Create a tagline
    • For SEO reasons, I included the words “Real Estate” and “Malibu” but my phrasing could easily be improved!
  6. Unselect “comment author must have previously approved comment!”
    • Want to do everything possible to encourage comments early and often! 🙂
  7. Organize sidebar items via the widget feature (very slick!)
    • I’ve put links at the very top for now closely followed by comments. As the site gets more comments, I’d flip this order in order to encourage community participation!

Those were my steps to creating a brand-new blog using the free and open-source tools available from WordPress. It is probably too complicated for most agents, but probably not too complicated for many of agents that are reading this blog.

President's in Drag

[photopress:ar117168258317431.jpg,thumb,alignright][photopress:ar11716823978015.jpg,thumb,alignleft][photopress:ar117168237088538.jpg,thumb,alignright][photopress:ar117168269642171.jpg,thumb,alignright][photopress:ar117168271450231.jpg,thumb,alignright]

I found this on Ines’ Blog.  These were just too funny not to share.  More here

Choosing a Name for Your Blog

The perfect time to name your blog is after you’ve blogged for a while and really developed a personality around your site. Only after a few months of regular blogging will most agents be ready to give their website a name.

However, the time necessarily to develop a personality (before a name!) doesn’t coincide with the reality of Project Blogger or Google. While it is kind of like putting the cart before the horse, the reality is that the first thing we had to do was develop a name (that included an available URL!).

So, how did we end up at InsideBu.com?

Here are some of the ideas I planted with Madison to pounder:

  • First brainstorm on ideas, and then (after you’ve assembled a bunch of ideas!) check to see if the URL is available.
  • Make sure it has a community focus (i.e. we’re building a community destination website!)
  • Take yourself out of the URL… Make sure that you’re creating a site that others will want to take part (Don’t name it after yourself or your business!)
  • Think of the niche you want to create with your blog… who are you trying to reach?
  • Are there any local names you can capitalize on? (things like local high-school mascots, community nicknames, community centers, etc.)
  • Keep the URL short and sweat

A good name for a community blog will make a “local” think, this website “get’s it” and at the same time, won’t alienate people who are not local.

After many emails back and forth, we decided to capitalize on the name for Malibu (“the bu”) that is used by the locals (as in, “we’re heading back to the bu”).

However, TheBu.com was already taken (and doesn’t convey any “actionable words” that really tell you what the website is about), so we started thinking of other ways to connect the website name to the community. In Madison’s case, our plan is to have the blog focus on the unique aspects of Malibu. I happen to think that the beautiful beaches and the celebrity element of Malibu are going to be huge drivers of traffic and links into the future.

We tried a whole bunch of different words like “connect” and “community”, and combinations like “BuLife” and “LiveBu” but I happen to think that “inside” conveyed both the exclusive nature of the community along with the opportunity for insight that only a real estate agent can convey. Hence: We decided to go with InsideBu.com.

Maybe the blog will change focus into the future and the name will “feel” wrong, but thanks to the fact that we’re already seeing some LinkLove (in particular from celebrity bloggers), we’re going to have to live with the name and URL into the future!

Next up: Setting up a WordPress blog from scratch… (I’ve been taking thorough notes! 🙂 )

Is Another Offer REALLY Coming?

[photopress:We_20Hate_20Truth.jpg,thumb,alignright]As soon as it becomes apparent that my Buyer Client is interested in making an offer on a property, the first thing I do (usually within seconds) is call the Listing Agent.

While I always do this, what I say to that agent is not always the same.

Many people think the conversation should go like this: Buyer’s Agent asks direct questions like, “Hi, I am getting ready to write an offer on your listing at 123 This Street, do you have any other offers?”  That is really, in my opinion, the worst way to handle the situation.  It kind of falls into the category of “Ask me no questions; I’ll tell you no lies.”  I wish I had a nickel for every new agent who thought the Listing Agent SAID there was another offer, when that is NOT what the listing agent said at all. 

In fact, the biggest mistake newer agents make, is thinking that the Listing Agent is being helpful HA!  Give me a break!  AS IF!

Sometimes I’m a Listing Agent, myself.  I’m not saying Listing Agents lie anymore than Buyer’s Agents lie.  But clearly the truth is “worked”.  I admire a good Listing Agent who “works his truth”.  You have to have a trained ear.  Somewhat like a musician who can hear when his guitar needs tuning, or a voice coach who can pick up a flat note.  Actually most agents are terrible liars, and I’ve called a few bluffs in my time with great success.  But rather than go in that direction in the first place, better to shift the focus entirely from the getgo.

There’s always a better way, and generally that better way leads to getting the Listing Agent to spill his guts, without your revealing a thing about your client’s intentions.  Of course it depends on how experienced and sharp the listing agent is, and whether you are catching them at the right moment.  By calling immediately, within seconds of knowing my buyer client MAY be making an offer, I can get info without telling any lies.

I pick up the phone and say, “Hi Joe, I’m IN your listing at 123 This Street…”  Most agents call BEFORE they show the property and ask, “Is your listing still available?”  How annoying is that?!  It’s like saying, “Hi, I want to make sure I’m not working too hard for nothing, can you help me with that?”  By calling from INSIDE the property, and saying that in the first 3-7 words, the agent knows you aren’t one of those “wasting-his-time-checking-availability” agents. 

If agents knew how their words and actions affect their clients, they would all be taking “How to Say IT” lessons”…oh forgot…no class on that one.  But plenty of classes on Feng Shui…how FUN! 🙁

Ok, so you’ve got the listing agent on the phone, and the goal is to keep him on the phone as long as you can, talking about crap.  “Joe, is there a Form 17 Online?”  or “Joe, I was just wondering, since the house is vacant, if the owners need more than the average time to respond to offers?”  or “Joe, I’m here in your listing at 123 This Street with my Buyer Clients and they asked if the new roof, noted in the listing, is a 25 year shingle or a 30 year shingle.  Can you check that for them, and get back to me on that?”  (the ending of that last question is very important.  Don’t expect the Lisiting Agent to know that off the top of his head.  You don’t want him to feel stupid or you set the wrong tone.  Counter-productive.)

The Listing Agent will usually answer your question and ask “Are you writing an offer?”  By having called within seconds of your Buyer Client being “maybe” interested, and not waiting until you are actually talking with your buyer client about writing an offer, you can honestly say: “I MIGHT be writing an offer, not sure yet.  They are definitely interested, but we’re still going through the house.”  At this point the Listing Agent usually starts spilling his guts.

How the Listing Agent does that takes many, many forms.  The goal is to get them talking.  Usually you do not ever have to ask if there is another offer.  If there really IS another offer, the agent would likely have said it already.  Those that spill their guts for 20 minutes, and THEN try to throw in at the end of the conversation, some vague reference to “maybe another offer coming”, are actually funny.  They kind of sound like the two year old, looking up at Mommy with their hand in the cookie jar, trying to convince Mommy that they really weren’t going to EAT the cookie 🙂

I absolutely will tell a Buyer’s Agent the TRUTH when I am the Listing Agent.  But most times I can “work” that truth in a way that leads the Buyer’s Agent to believe there might be another offer.  I can’t tell you exactly how that’s done, or I won’t be able to ever do it again 🙂  But I do not lie, ever, and most times the Buyer’s Agent erroneously tells their buyer client that I said there was another offer, when I did NOT say that at all.

Again, if I had a nickel for every time I heard a new agent say, “The Listing Agent SAID there was another offer” when the listing agent NEVER said that…  What the new agent is doing is thinking more about getting paid, than about their client’s best interests.  They are listening to the Listing Agent for signs of what they should do next, like maybe write an offer for MORE than they otherwise would have.  And that is exactly what the Listing Agent wanted them to hear.

While I was away…..

I have not posted in quite some time as I have been consumed with a move to a new firm.  As of three weeks ago, I am now Of Counsel to the law firm of Bullivant Houser Bailey.   

In that period, a very significant case was decided that will greatly impact buyer/seller/broker relationships.  On March 1, 2007, the Washington Supreme Court essentially decided that buyers will no longer have a claim for negligent misrepresentation in post-closing property condition disputes.  For the first time in Washington state, the Supreme Court applied the Economic Loss Rule in the context of a real estate transaction.  The Economic Loss Rule generally provides that where two parties enter into a contract (e.g. a Purchase and Sale Agreement) and economic losses occur (as opposed to physical harm or personal injury), recovery is confined to the contract. 

By way of background, if a buyer of real estate closes and then determines that the property was not in the same condition as disclosed or that the seller withheld material facts, the buyer historically had two ways to state a claim against the seller.  The first was via the contract if there were any express warranties that could be enforced.  However, most residential transactions have few, if any, warranties that benefit the buyer.  So practically, the buyer was forced to go outside the contract and rely on a claim of negligent misrepresentation or fraud (also known as intentional misrepresentation).   These claims are called torts.  Since fraud is very difficult to prove, the claim that many lawyers have relied on for their buyer clients is the negligent misrepresentation claim.   Those days are over! 

In determining whether the Economic Loss Rule applies, the key inquiry is the nature of the loss and the manner in which it occurs.  In other words, does the loss deal with economic injury (e.g. loss of bargain) or personal injury or injury to other property.  If the loss is economic, and no exception applies, then the complaining party will be limited to whatever contract remedies exist.

In the recent case of Alejandre v. Bull, the Buyer claimed that the seller should pay for damages associated with a failed septic system.  The facts are lengthy but like most post-closing property condition disputes, this one clearly involved economic loss and not personal injury.  In a nutshell, since the buyer had no warranties regarding the septic system, they were out of luck unless they could prove that the seller intentionally misrepresented the condition of the septic system (i.e. committed fraud).  In the court’s mind, a negligent misrepresentation was not enough to override the “bargain” struck between the parties under the contract which did not include any warranty for the septic system. 

There will be many buyers who encounter a post-closing loss and start looking for a (deep) pocket.  While the liability of the seller to the buyer is limited by the Economic Loss Rule, no such luck for brokers and agents who have statutory duties (many of which are non-waivable) under RCW 18.86. Those duties include the duty to use reasonable care and skill, to disclose material facts and to advise their client to seek expert advice on matters relating to the transaction that are beyond the agent’s expertise. 

Buyers would be well-served to negotiate warranties that apply to aspects of the property that are important to them.  At the same time, brokers and agents need to understand that while they legally don’t have any greater duties to the buyer, the practical effect of this case will cause unhappy buyers to look to the broker’s E/O policy with greater frequency.  Now more than ever, brokers and agents will make sure that the buyer conducts comprehensive due diligence concerning the condition of the property and that appropriate experts are hired to advise them.  

All properties have warts.  The key is to expose them before closing so that the buyer can determine if they can live with them.

-Russ