Washington REALTORS®

In this episode of the Washington REALTORS® Legal Hotline, lawyer Annie Fitzsimmons explains the legal implications of a seller consenting to receive a buyer’s inspection report—especially when that consent comes after a transaction has been terminated or the inspection contingency has been satisfied or waived.

Topics covered include:

• The role of Form 35 and Form 35CE

• Legal consequences when a transaction is terminated

• Obligations after waiver or satisfaction of the inspection contingency

• The contractual power of Paragraph 4 in Form 35

• When a buyer must (or must not) deliver the inspection report

Merbers: Ask a question or explore more legal resources:

Visit: warealtor.org, log in, and follow the links to the Legal Hotline

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of the Washington REALTORS® Legal Hotline, attorney Annie Fitzsimmons unpacks a recent question that highlights the legal and ethical boundaries of a buyer’s walkthrough.

When does the buyer actually gain possession of the property? What can a buyer and their broker legally do before closing — and what crosses the line?

This real-life scenario provides valuable insight for brokers navigating this often misunderstood part of the transaction.

In This Video:

• What a buyer’s walkthrough is — and is not

• Broker liability for buyer conduct

• When the buyer gains legal possession

• Why professionalism matters before closing

Merbers: Ask a question or explore more legal resources:

Visit: warealtor.org, log in, and follow the links to the Legal Hotline

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of Legal Hotline, Washington REALTORS® Legal Hotline Lawyer Annie Fitzsimmons unpacks a real-life scenario involving self-dealing and a failure to disclose a conflict of interest.

Learn how a listing broker’s decision to prioritize personal gain over client duty led to a lost sale—and discover how you can avoid similar legal and ethical missteps in your own practice.

Key Topics Covered:

• Conflict of interest in real estate

• Fiduciary duties to clients

• Disclosure requirements

• Compensation and ethical obligations

Merbers: Ask a question or explore more legal resources:

Visit: warealtor.org, log in, and follow the links to the Legal Hotline

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of the Legal Hotline, Washington Realtors® attorney Manny Fitzsimmons walks you through the correct use of Form 36 – the Counter Offer Addendum. Whether you’re a listing broker or a buyer’s agent, you’ll learn how to properly complete lines 3 and 4 to clearly identify parties and avoid costly confusion in your real estate transactions.

Learn who signs as the “undersigned”

Understand how to use the form for both buyers and sellers

Avoid common drafting mistakes that create legal issues

Have a copy of Form 36 ready as you watch!

Merbers: Ask a question or explore more legal resources:

Visit: warealtor.org, log in, and follow the links to the Legal Hotline

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of Washington REALTORS® Legal Hotline, Annie Fitzsimmons, our Legal Hotline Lawyer, explains critical upcoming forms revisions effective July 25, 2025, with a focus on referral fee disclosures.

You’ll learn:

When and how to disclose referral fees to clients

Legal obligations under agency law

How to use updated forms: Form 1A, 1A SWF, 41, 42C, and 11A

What changes apply to listing brokers referring unrepresented buyers

Why transparency and client consent are essential

Whether you’re sending or receiving a referral, these changes impact how you operate—and how you stay compliant. Don’t risk unauthorized practice—watch now and stay informed.

Members: Submit your Legal Hotline questions at https://warealtor.org

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

__________________

Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of DBrief, Washington REALTORS® CEO Nathan Gordon introduces brokers to economist and Forbes contributor Dr. Bill Conerly. Dr. Conerly joins us to discuss what the next 12 months could hold for the national economy and the economy here in Washington state. From interest rate projections to tariff uncertainty and regional market trends, Dr. Conerly shares insights tailored for Designated Brokers and Managing Brokers navigating today’s shifting housing landscape.

Learn how to prepare your business for a range of economic scenarios—whether it’s steady growth, a mild recession, or unexpected local booms. Dr. Conerly also offers practical guidance on building contingency plans and why your leadership matters more than the broader economy.

Topics covered:

• National economic outlook for 2025

• Inflation and interest rate expectations

• Tariff risks and potential recession impacts

• Washington state market trends

• Strategic planning for real estate leaders

Subscribe to stay updated on future episodes designed for DBs and Managing Brokers.

Disclaimer: Washington REALTORS® services, including videos, articles, and access to resources, are Washington REALTOR® member-only benefits and do not constitute legal counsel or advice. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

__________________

Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode of Legal Hotline, Washington REALTORS® Legal Hotline Lawyer Annie Fitzsimmons unpacks a pivotal 2025 court case involving a downtown Seattle condominium. The decision reinforces and expands the long-standing agency law duty, requiring brokers to advise clients to consult experts in areas beyond the broker’s own expertise.

Annie revisits the landmark Jackowski v. Borchelt decision. She shows how courts continue to interpret this duty, even when both the client and broker have similar knowledge of a potential issue. Learn how this obligation plays out in scenarios involving roof leaks, reserve studies, and common area defects in condo sales.

Key takeaways:

• What the court expects from brokers in known defect situations

• The importance of recommending inspections beyond the unit

• How outdated reserve studies can create liability

• Why shared knowledge doesn’t limit your duty to advise

Are you a member? Get your questions answered. Visit the Washington REALTORS® Legal Hotline at https://warealtor.org

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

__________________

Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

“Go talk to a lawyer.”

It’s a phrase brokers hear often—and sometimes see as a cop-out. But in this Legal Hotline episode, Washington Realtors® Legal Hotline Lawyer Annie Fitzsimmons explains exactly when legal advice becomes necessary and why it’s not something brokers can—or should—try to replace.

In this episode:

• The correct use and delivery requirements of Form 22B (Home Sale Contingency)

• What happens when a bump notice is delivered, and the clock is ticking

• How a buyer’s failure to include the required agreement can create legal uncertainty

• The limits of your license authority—what is and isn’t your responsibility

• How a misstep could lead to accidentally selling the home twice

• Why your role in spotting issues and guiding clients to legal counsel is so important

Brokers play a vital, front-line role in real estate transactions—but only a lawyer can interpret legal consequences. Learn how to navigate that boundary with confidence.

Submit your Legal Hotline questions at https://warealtor.org

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

Welcome to the second and final episode in our short-form legal series on the Washington Uniform Common Interest Ownership Act (WUCIOA). As Washington real estate law continues to evolve, REALTORS®, sellers, and buyers need to understand how these changes impact common interest communities, especially with significant updates scheduled to take effect by January 1, 2028.

In this episode, Legal Hotline Lawyer Annie Fitzsimmons breaks down the small community exemption, resale certificate requirements, and the newly implemented waiver process that allows greater flexibility in transactions where resale certificates are unavailable. You’ll gain valuable insights into the latest legislative changes and how they apply to real-life transactions involving homeowners associations.

Whether you’re new to WUCIOA or looking to stay current, this episode delivers essential information to help you stay legally compliant and client-focused in your practice.

🔍 Topics Covered:

• Clarification of the “small community” exemption

• Expanded exemption criteria starting January 2028

• Mandatory resale certificates and when they can be waived

• What sellers must prove when a certificate isn’t available

• Practical impacts on closing, possession, and negotiations

Whether you’re a broker, HOA board member, or property owner, this series will help you stay compliant and informed.

Stay tuned for the next video, covering exemptions and buyer waiver rights.

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.

In this episode, Washington REALTORS® Legal Hotline Lawyer Annie Fitzsimmons breaks down the Washington Uniform Common Interest Ownership Act (WUCIOA)—a critical law affecting residential communities with recorded CC&Rs on or after July 1, 2018.

Learn how WUCIOA impacts resale certificates, what defines a Common Interest Community (CIC), and how to determine whether a property is governed by WUCIOA. Annie also previews upcoming legal changes that will expand WUCIOA’s application to all HOA-governed communities by January 1, 2028.

Key Topics Covered:

• What WUCIOA is and why it matters

• Which communities are affected

• Required resale certificate forms (Form 27 vs. Form 27CIC)

• How to identify WUCIOA communities

• Upcoming 2028 legal changes

• Buyer rights and seller responsibilities

Whether you’re a broker, HOA board member, or property owner, this series will help you stay compliant and informed.

Stay tuned for the next video, covering exemptions and buyer waiver rights.

Don't forget to share with other agents and subscribe!

Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)

Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.

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Copyright © 2025 Washington REALTORS®.

Please contact Washington REALTORS® (1-800-562-6024)

before using this video outside of YouTube.