[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"doc-seo-256437-105":3,"detail-sidebar-cat-1-en-105":81,"doc-detail-256437-en":127},{"code":4,"msg":5,"data":6},0,"ok",{"site_id":7,"language":8,"slug":9,"title":10,"keywords":11,"description":12,"schema_data":13,"social_meta":74,"head_meta":76,"extra_data":78,"updated_unix":80},105,"en","eshb-2059-real-estate-broker-duties-and-buyer-letters","ESHB 2059 - Real Estate Broker Duties and Buyer Letters","","Legislative report on ESHB 2059 addressing Washington real estate agency law and clarifying that statutory duties of real estate brokers apply to all parties in a transaction. The bill specifies broker obligations related to disclosure, accuracy, and timeliness, and notes duties generally cannot be waived. 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The report states these duties cannot be waived, except for the effort requirement to seek additional buyers or sellers.",{"name":70,"@type":61,"acceptedAnswer":71},"How does the bill address “love letter” communications between buyers and sellers?",{"text":72,"@type":64},"It requests the Department of Commerce work group to consider the use of certain communications from buyers to sellers and provide recommendations, motivated by concerns that such letters may reveal sensitive personal information and raise fair housing compliance issues.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},256437,1790012474,{"code":4,"msg":82,"data":83},"success",[84,89,94,99,104,109,114,118,123],{"id":85,"doc_module":22,"doc_module_name":25,"category_name":86,"show_sort_weight":87,"slug":88},11,"Presentations",90,"presentations",{"id":90,"doc_module":22,"doc_module_name":25,"category_name":91,"show_sort_weight":92,"slug":93},12,"Resumes",80,"resumes",{"id":95,"doc_module":22,"doc_module_name":25,"category_name":96,"show_sort_weight":97,"slug":98},14,"Invoices",70,"invoices",{"id":100,"doc_module":22,"doc_module_name":25,"category_name":101,"show_sort_weight":102,"slug":103},15,"Posters",60,"posters",{"id":105,"doc_module":22,"doc_module_name":25,"category_name":106,"show_sort_weight":107,"slug":108},16,"Social Media",50,"social-media",{"id":110,"doc_module":22,"doc_module_name":25,"category_name":111,"show_sort_weight":112,"slug":113},17,"Forms",40,"forms",{"id":115,"doc_module":22,"doc_module_name":25,"category_name":29,"show_sort_weight":116,"slug":117},18,30,"letters",{"id":119,"doc_module":22,"doc_module_name":25,"category_name":120,"show_sort_weight":121,"slug":122},21,"Paper Templates",5,"papers-templates",{"id":124,"doc_module":22,"doc_module_name":25,"category_name":125,"show_sort_weight":4,"slug":126},158,"General","general-158",{"code":4,"msg":82,"data":128},{"doc_id":79,"user_id":129,"nickname":42,"user_avatar":130,"doc_module":22,"category_id":115,"category_name":29,"doc_title":10,"doc_description":12,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":55,"is_deleted":4,"is_public":22,"is_downloadable":22,"audit_status":22,"page_count":33,"language":136,"language_code":8,"site_id":7,"html_lang":8,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":12,"update_tm":140,"read_time":26},962084925502,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","SENATE BILL REPORT ESHB 2059  \nAs Reported by Senate Committee On: Business, Financial Services & Trade, February 22, 2022  \nTitle: An act relating to real estate agency law, but only to clarify that the statutory duties of real estate brokers apply to all parties and prohibiting the delivery of buyer unfair practice letters to the seller of residential real estate.  \nBrief Description: Concerning real estate broker duties.  \nSponsors: House Committee on Consumer Protection & Business (originally sponsored by Representatives Gregerson, Leavitt, Morgan, Vick, Gilday, Rude, Chapman, Barkis and Lekanoff) .  \nBrief History: Passed House: 2/10/22, 95-0.  \nCommittee Activity: Business, Financial Services & Trade: 2/17/22, 2/22/22 [DPA, w/oRec] .  \nBrief Summary of Amended Bill  \n• Establishes that brokers rendering real estate brokerage services owe statutory duties to all parties in a transaction.  \n• Requests the Department of Commerce's work group on reducing racial disparities in Washington State homeownership rates to consider the use of certain communications from buyers of residential real estate to sellers and provide recommendations in their report to the Legislature  \nSENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE  \nMajority Report: Do pass as amended.  \nSigned by Senators Mullet, Chair; Dozier, Ranking Member; Brown, Lovick and Wilson, L.  \nThis analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not part of the legislation nor does it constitute a statement of legislative intent.  \nSenate Bill Report -1- ESHB 2059  \nMinority Report: That it be referred without recommendation.  \nSigned by Senators Hasegawa, Vice Chair; Frockt.  \nStaff: Kellee Gunn (786-7429)  \nBackground: Real Estate Brokers. A real estate broker is anyone who acts on behalf of areal estate firm to perform real estate brokerage services under the supervision of a managing or designated broker. Brokers may represent a buyer, seller, or—in a dual agency relationship—both the buyer and seller if all parties agree in writing. Real estate firms and brokers are licensed in Washington State through the Department of Licensing (DOL) .  \nDuties as a Real Estate Broker. Certain duties apply between an agent and a seller, a seller and a buyer, or in a dual agency relationship, including the duty to:  \n• exercise reasonable skill and care;  \n• deal honestly in good faith;  \n• present all written notices and offers to and from either party in a timely manner;  \n• disclose all existing material facts known by the broker;  \n• account for all money and property received in a timely manner;  \n• provide information on the law of real estate agency at certain points in the sale of real estate;  \n• disclose in writing to all parties information on who the broker represents to those the broker is providing brokerage services to; and  \n• make a good faith effort to find a property for a buyer or sell the property for a seller.  \nThese duties cannot be waived. The only duty that can be waived is the duty to make a good faith and continuous effort to seek a buyer for a seller or a seller for a buyer. Underwritten consent, dual agents are not obligated to seek additional properties to purchase for a buyer or seek additional offers for the seller.  \nCommunication Between Buyers and Sellers of Real Estate. A buyer may, as a tactic to stand out in a difficult real estate market, send a letter to the seller of a property. This typeof communication is also known as a real estate \"love letter\". These letters may reveal personal information about the buyer, such as race, religion, or familial status. In 2020, the National Association of Realtors warned against the use of such letters as the information provided could result in a violation of the Fair Housing Act. In 2021, Oregon became the first state to prohibit the use of such letters.  \nHomeownership Disparities Work Group. In the 2021-23 Operat","cbCaisEv0ZrkXjFd","https://ap.wps.com/l/cbCaisEv0ZrkXjFd","pdf",11350,"English","# Overview\n## Brief Summary of Amended Bill\n## Senate Committee Reports\n# Background and Current Law\n## Real Estate Brokers\n## Duties and Waivers\n## Communication Between Buyers and Sellers\n# Key Program Work\n## Homeownership Disparities Work Group\n# Amended Bill Summary\n## Disclosure, Accuracy, Timeliness\n## Communications From Buyers to Sellers\n# Committee Amendments and Legal Effects","[{\"question\":\"What does ESHB 2059 clarify about real estate brokers’ statutory duties?\",\"answer\":\"It establishes that brokers rendering real estate brokerage services owe statutory duties to all parties in a transaction, regardless of whether the broker is an agent or the relationship between the broker and client.\"},{\"question\":\"Which broker duties are required under the report, and can they be waived?\",\"answer\":\"Duties include reasonable skill and care, honesty in good faith, timely presentation of notices and offers, disclosure of material facts, accounting for money and property, and informing parties about representation. The report states these duties cannot be waived, except for the effort requirement to seek additional buyers or sellers.\"},{\"question\":\"How does the bill address “love letter” communications between buyers and sellers?\",\"answer\":\"It requests the Department of Commerce work group to consider the use of certain communications from buyers to sellers and provide recommendations, motivated by concerns that such letters may reveal sensitive personal information and raise fair housing compliance issues.\"}]","ESHB 2059 - Real Estate Broker Duties and Buyer Letters | PDF",1789303796]