In this episode of Legal Hotline, Washington REALTORS® Legal Hotline Lawyer Annie Fitzsimmons unpacks a pivotal 2025 court case involving a downtown Seattle condominium. The decision reinforces and expands the long-standing agency law duty, requiring brokers to advise clients to consult experts in areas beyond the broker’s own expertise.
Annie revisits the landmark Jackowski v. Borchelt decision. She shows how courts continue to interpret this duty, even when both the client and broker have similar knowledge of a potential issue. Learn how this obligation plays out in scenarios involving roof leaks, reserve studies, and common area defects in condo sales.
Key takeaways:
• What the court expects from brokers in known defect situations
• The importance of recommending inspections beyond the unit
• How outdated reserve studies can create liability
• Why shared knowledge doesn’t limit your duty to advise
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Starring Annie Fitzsimmons (WR's Legal Hotline Lawyer)
Disclaimer: Legal Hotline services, including videos, articles, and access to the Hotline, are a Washington REALTOR® member-only educational benefit and do not constitute legal counsel. If you’re a primary member in good standing, visit warealtor.org with your M1 ID and password to access more features.
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