Feb.19, 2008

Identifying real property bill passes Senate

OLYMPIA — In order for a real estate purchase-and-sale agreement to be binding, a legal description is one of the required elements. For years, agents have used the county’s tax parcel identification number as the legal description, especially since it’s easier to understand than the traditional metes and bounds description. Other than professional surveyors, very few people can figure out a metes and bounds description. The tax parcel identification number is readily accessible on most county assessor’s websites, along with maps detailing the properties dimensions.

A couple of lawsuits have clouded the validity of using the tax parcel number as the legal description, necessitating the need for this legislation. Senate Bill 6514, sponsored by Sen. Rodney Tom, D-Bellevue, validates this commonly used practice of using the parcel number as a substitute for the full metes and bounds description.

Lately, several buyers have tried to use this uncertainty to get out of real estate contracts. The buyer or the seller claims that the agreement is void because it does not have a legal description of the property in the contract, just the parcel number. Courts have issued conflicting opinions, leaving uncertainty in the law. Monday, the Senate passed legislation that will change that.

“This is another simple bill that makes a big difference,” said Tom.

SB 6514 passed the Senate on a 48 to 1 vote and now moves to the House for consideration.


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