Angela is selling her home 'as-is' and inserts a clause in the purchase and sale agreement stating that the buyer waives all rights under RCW Chapter 64.06 and agrees to accept the property without any seller disclosure. Angela's broker believes this waiver is valid. Under Washington law, which of the following is the correct legal effect of this waiver clause?
Correct Answer
A) The waiver is unenforceable because RCW 64.06 rights cannot be contractually waived by the parties
Under RCW 64.06.013, the seller's disclosure obligations and the buyer's rescission rights are statutory protections that cannot be waived by contract. An 'as-is' clause in a purchase and sale agreement does not eliminate the seller's duty to complete and deliver Form 17 or the buyer's three-business-day right of rescission. Any contractual provision purporting to waive these statutory rights is void and unenforceable under Washington law.
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Related Topics & Key Terms
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Related Concepts
A stigmatized property is one that has an undesirable reputation due to events that occurred on the property or nearby, such as a murder, suicide, alleged haunting, or proximity to a registered sex offender. The stigma is psychological, not physical.
An as-is clause in a real estate contract states that the buyer accepts the property in its current condition without requiring the seller to make any repairs. However, an as-is sale does NOT eliminate the seller's obligation to disclose known defects.
Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.
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