Washington licensee Tom is contacted by email by a prospective seller, Helen, who asks general questions about the home selling process and current market conditions in her zip code. Tom responds with general market statistics and a description of the listing process. No specific property is discussed. Under RCW 18.86, has first substantive contact occurred that would require Tom to provide the agency disclosure pamphlet?

Correct Answer

A) No, because the conversation was general in nature and did not involve a specific property or the parties' specific needs

Under RCW 18.86, 'first substantive contact' means the first contact at which the parties discuss specific real property or the specific needs of the buyer or seller. In this scenario, Tom and Helen discussed only general market conditions and the listing process — no specific property was identified and no specific personal needs were addressed. This type of general informational exchange does not rise to the level of first substantive contact, so the pamphlet obligation has not yet been triggered.