Our own Craig Blackmon recently got the good news from the Court of Appeals: the Court affirmed a prior judgment entered in Craig’s client’s favor following a jury trial in the summer of 2010. Not only is this fantastic news for the client and the law firm, but it’s a reported decision meaning that it becomes the law of the State of Washington. And that’s good news for consumers too.
The substantive issue addressed by the Court concerned the enforceability of a release contained within the standard NWMLS Form 51 Rescission. Per that release, anyone who signs this standard form, a necessary and prudent step before entering into another contract for the purchase and sale of specific property, releases their agent from all liability associated with the transaction. Thus, and as was the case in Craig’s case, even though the deal cratered because of the negligence of the listing agent, the client ostensibly released the agent from resulting liability by signing the rescission. That simply is not fair to the client.
And now the State of Washington agrees. So future clients, who are harmed by the negligence of their agents, should also be successful in challenging this release and still holding their agents liable for losses caused. Great work, Craig, on behalf of the client and on behalf of all consumers of real estate broker services!
For more information about the case, see Craig’s recent post on Rain City Guide.