| QUESTION:
Can a seller decline to accept an offer from a prospective
purchaser that otherwise contains terms and conditions acceptable to the seller but
requests a lead inspection or risk assessment on a house built before 1978? ANSWER: (Mary's quick answer. No.) According to a recent letter written by
William H. Sanders III, Director of the Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency, a party selling target housing (i.e. residential housing
built before 1978) may not offer or advertise the property as being available only if
purchasers will not take advantage of the opportunity to conduct an inspection or risk
assessment. It follows that a seller may not decline to accept an offer merely because the
prospective purchaser requests a lead inspection or risk assessment. Such action may cause
both the seller and the agents to be liable under the federal Lead-Based Paint Hazard
Reduction Act. |
|
Chris Osborn
(NWMLS legal staff) on blurred fax transmissions: If you cannot
read a fax because you are missing pages or it is blurred, obtain a readable and
complete copy of the document. Do not assume that you know what the
agreement says, especially the non-copy written, hand written or typed language.
If you or your client signs an agreement even though they cannot read the whole
document, they may be stuck with a deal that is different than the one they thought they
were agreeing to. Washington law presumes you have read any document you sign.
It can be argued that you or your client assumed the risk of being bound by
the terms of the document by signing it even though it was incomplete or illegible.
If you have any question, request confirmation of the transaction by getting
original signatures on the contract. 7/98 |
