Solicited to Sell Your Washington Real Estate? Be Aware of Your Rights!
In the Spring of 2025 (with slight modifications made earlier just this last June), the Washington State legislature passed a new statute, RCW 61.40.010, which applies Chapter 19.86 RCW, best known as the Consumer Protection Act, in certain circumstances involving the solicitation of real property.
More specifically, RCW 61.40.010 applies to real estate transactions executed on or after January 1, 2026, where the buyer or a buyer’s representative actively solicits the owners of real property not currently listed on the real estate market or otherwise publicly available. In such circumstances, RCW 61.40.010 gives the property seller the right to: (1) have a licensed appraiser conduct an appraisal to be included in the purchase contract; and (2) cancel the contract for sale without penalty or obligation in one of the following circumstances:
- If the property owner cancels the purchase contract within 4 business days of receiving the appraisal; or
- If the property owner does not order an appraisal, within 10 business days of execution of the contract.
The appraisal must be ordered within 3 business days after executing the purchase contract, and further, the owner must notify the potential buyer of that appraisal. If the owner decides to cancel, written notice of cancellation must be provided. Additionally, the contract must specify the right to order the appraisal and must contain the right to cancel the contract in accordance with the statute. Ostensibly, the statute has been adopted in an effort to make sure that unwitting property owners do not accept lowball offers from savvy soliciting parties. The statute allows the property owner to order an appraisal and get out of the contact in the above circumstances without consequence (although the statute pertaining to interpleader of earnest money still applies).
A violation of this chapter constitutes an “unfair or deceptive act in trade or commerce and an unfair method of competition” under the Consumer Protection Act. A petitioning party can recover damages, statutory treble (triple) damages of up to $25,000, and an award of attorney’s fees and costs by way of the Consumer Protection Act. In other words, this new statute affords homeowners with additional protections against possibly less scrupulous buyers who wish to purchase their property off market.
The statute has some notable exceptions for: (1) parties represented by a licensed real estate broker; (2) public entities acquiring real property for transportation purposes; (3) and public entities, federally recognized Indian tribes, and nonprofit nature conservatories acquiring real property for a public benefit that have an appraisal prior to the closing of the transaction. In other words, the statute does not apply when it comes to certain public entities, or whether licensed real estate brokers are involved. Although not stated directly, it is probable that the legislature assumed that the statutory duties that brokers must follow, as well as their professional qualifications, reduce the risk of the circumstances that this statute wishes sellers to avoid.
The lawyers at Beresford Booth have significant experience with real estate issues, including the preparation of easements, and litigation over easements. If you have any questions or need assistance with any real estate issues, please do not hesitate to contact us at info@beresfordlaw.com or by phone (425) 776-4100.