
Here in Washington state, there are new laws just passed by the legislature in an attempt to protect homeowners in danger of foreclosure.
The new laws are well-intended but may actually make it tougher and more expensive for pre-foreclosure homeowners to sell their home. Poorly written, these laws leave way too much room for real estate agents to get sued if a home doesn't sell.
These laws were quickly drafted and passed because there has been a rash of fraudulent activity, as scammers are looking for distressed homeowners in order to take advantage of their vulnerablilty. Unfortunately, the wording in the laws lumps real estate agents into the fray along with the aforementioned scammers, leaving them open to potential frivolous lawsuits.
The law states that you are considered a "distressed home consultant" even if you're the one buying the home. And as the "consultant", the loosely written law can be interpreted to force you to put the seller's needs above your own. So if you pay less than the house is worth, it's possible you could be sued by the seller for damages! This is just one of many issues with the new law. The rest I won't even get into in this article.
I bring this up because after June 12th, 2008, you may find very few agents willing to help you sell your home if you are in pre-foreclosure. Actually, if you're within 4 months of going into pre-foreclosure agents may balk at representing you. I also think a lot of homes will go off the market because the Realtor may see it as too high of a risk.
I believe this law will be clarified and re-written (the Attorney General is working on it right now), but the legislative session is over and I don't believe the next one starts until October. So between now and October the short-sale/pre-foreclosure market will be a bit dicey.
So how do you get your distressed home sold? Well, I recommend hiring an attorney to help you (attorneys are exempt from these lawsuits, according to the new law). Or you could search out Agents that work only with REO properties (Real Estate Owned).
Either way, I believe between now and October you will find a lot less help in getting your distressed home sold. It's an unfortunate and unintended consequence of laws that could've been written better by a monkey.
18 other states have enacted similar laws, but only Washington's law leaves real estate agents vulnerable to frivolous litigation. Many times, agents don't make much money helping distressed property owners sell their homes. Sometimes the banks force them to take half of the usual commission and, after marketing and brokerage costs, that doesn't leave much for the agent. So with so much risk and so little potential gain, agents willing to work with you may be few and far between.
Hopefully my October assumption is correct and this will only be a temporary, embarassing zit on the forehead of a legistlature that doesn't read laws before they pass them.
I now step down from my soapbox... :-)
- Jay Silver
Jay Silver | Northwest Realtor & People Connector | DiscoverNorthSeattle.com




