A reader sent me the latest sample listing forms from NWMLS that has me wondering what is going on over there.
The form was updated recently and the header suggests this is intended for distribution and promulgation in June. I'll embed a copy for you below.
While I am open to debate on this, it seems to me that this form goes way beyond what the recently passed Washington law requires and makes any licensed broker using this form a party to deception. I have already written on what RCW 18.86 actually says and what it requires. I get why NWMLS was so eager to promulgate this form, seeing as how they're still involved in a lawsuit with Compass because of its insistence that NWMLS control public marketing of properties.
But to so transparently push an incorrect interpretation of the law on its members like this is just dumb. Maybe NWMLS believes the result will be the troublesome brokers and agents finally getting in line with what the bosses want. The more likely result is either widespread abandonment, or a lawsuit from one or more members.
I have been advocating for a while that REALTOR Associations get out of the forms business as that remains a wide open door for lawyers to walk through. Apparently, I need to add the MLS to the list of orgs that should consider getting out of the forms business.
Lets get into it. As always, I might be analyzing this from a legal perspective and draw legal conclusions, but I am not your lawyer and none of this is legal advice. Please consult competent counsel who might tell you that I have eaten fun mushrooms.
