WSR 09-02-026

PERMANENT RULES

DEPARTMENT OF LICENSING


[ Filed December 30, 2008, 1:44 p.m. , effective January 30, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To establish a mandatory procedure that ensures consumer rights when a real estate licensee refers a home inspector.

Statutory Authority for Adoption: RCW 18.85.040(1) General powers and 18.85.035 Home inspector.

Adopted under notice filed as WSR 08-21-030 on October 7, 2008.

Changes Other than Editing from Proposed to Adopted Version: Clarification by replacing the word "that" with the words "with whom" in the second paragraph.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 0, Repealed 0.

Date Adopted: December 30, 2008.

Shelly Hagen

Deputy Assistant Director

OTS-1964.2


NEW SECTION
WAC 308-124C-050   Home inspector referrals.   Each licensed designated broker will establish a written office policy that includes a procedure for referring home inspectors to buyers or sellers. The policy will address the consumer's right to freely pick a home inspector of the buyer's or seller's choice and prevent any collusion between the home inspector and a real estate licensee.

If a licensee refers a home inspector to a buyer or seller with whom they have or have had a relationship including, but not limited to, a business or familial relationship, then full disclosure of the relations must be provided in writing prior to the buyer or seller using the services of the home inspector.

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Washington State Code Reviser's Office