As for your loan, the fact that a co-borrower dies doesn't automatically release that person's estate from an obligation on that note, Rovig says. "But the practical way of dealing with it would be to go to the lender, and assuming that the daughter has been in the house a period of years and making payments, explain the situation. My suspicion is that in most cases the lender would agree to release the estate from that obligation."
Q: After I made an offer to buy a condominium, it took my real estate agent 17 days to get me the resale certificate. I decided to pull out after the certificate showed the building is involved in a
big lawsuit. That was three weeks ago. Despite my requests, my agent hasn't sent me a written recision of my offer, nor has he returned my earnest money. Do I have grounds to complain, and if so, to whom?
A: Whether you have valid complaints depends on several things. First, you were supposed to get the resale certificate within 10 days - unless you agreed in writing to another timeline. Was that the case? (A resale certificate is required in the sale of all previously owned condominiums, and includes such information as the covenants and restrictions, certificate of insurance, financial statement.) Second, your agent has 30 days to return your earnest money (or tell you why not), but the clock doesn't start until you ask - in writing - for this refund. As for a written recision, many real estate firms do have a form for you to sign, but it's not obligatory. If you decide not to buy, you can simply write your agent stating this, and that's sufficient. Usually you have five days after receiving the resale certificate to do this.
If an agent keeps your earnest money past the 30-day deadline (without a legitimate reason), you can complain to the state Department of Licensing at 360-586-4602. If you think your agent has been otherwise unethical, you can file a complaint with your local realtor association. In King County, it's the Seattle-King County Association of Realtors at 425-820-3277.
Q: Is there anywhere I can get written information about form 17 and what its purpose is, and how it can help the homeowner as well as the potential buyer?
A: By state law, form 17, otherwise known as the Real Property Transfer Disclosure Statement, must be filled out by sellers. Its purpose is to disclose to the buyer what the seller knows about the property, and it covers many things, including structural defects, assessments, zoning violations, underground oil tanks and roof leaks. It helps the buyer "if it's fully and fairly answered by providing full disclosure of items that would be important in making a decision to buy," says attorney John Demco, who represents Windermere. As for how it helps sellers, Demco says, "I've never been involved in a lawsuit because the seller disclosed too much. It makes good sense to tell about the warts and blemishes - and who knows better about the property than the person who owns it." The best written information about the form is the form itself and the 1996 law that put it into effect. Most real estate firms will let you see the form. You can find the law and the basic text of the form on a Web site maintained by Sequim attorney Chuck Marunde. The address: http://www.olypen.com/wlin
Home Forum answers readers' questions every Sunday in the Home/Real Estate section. Send questions to Home Forum, Seattle Times, P.O. Box 70, Seattle, WA 98111, or call 206-464-8510 to leave your questions on Home Forum's recorded line. The e-mail address is erho-new@seatimes.com Sorry, no personal replies.
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