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What do you think of this law change in WA?

Old 05-07-08, 07:08 PM
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What do you think of this law change in WA?

New law going into affect that says that in real estate a listing agreement must be in a person's first language. So if I list a house from someone who is a native of China, it must be in Chinese, etc.

Not a huge issue where I live, but many places will need many many different copies of listing agreements. For me it probably means I'll just turn down listing from "English as a second language" people.

Nice unintended consequence.
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Old 05-07-08, 07:16 PM
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Once again, the mad rush of zealots in pursuit of a 'goal' results in a stupid law. It happens time and time again.
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Old 05-07-08, 07:21 PM
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Aren't most of these forms in other languages already? I know I can get almost anything in Spanish, and I've seen a good number in Chinese as well.
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Old 05-07-08, 07:21 PM
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Did the professional translator lobby have anything to do with this new law? Seems they stand to make a bundle.
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Old 05-07-08, 07:25 PM
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Originally Posted by Vandelay_Inds
What happens if a person's native name is in a language that uses a different script, like Russian or Mandarin?
Yeah, this brings up something interesting. Should these names, in the U.S., for tax and census purposes, be Latinized? I certainly say yes, for traditional and bureaucratic (practical) reasons, but I think the forces behind that WA law may have a different idea. This would be good to bring up to them as a neat little reductio ad absurdum.
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Old 05-07-08, 07:30 PM
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This is just the agreement that they sign with the agent, right? In other words, the contract between seller and real estate office? Sounds like they are trying to avoid things like unscrupulous car dealerships that tell the foreign-language speakers one thing, then have the contract say something completely different (favoring the dealership, of course).

I don't know, doesn't seem so bad. I'm sure that standard agreements will be easily available in every language, allowing you to write in dollar amounts in all the right places. What it will discourage is people writing their own misleading and confusing agreements.
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Old 05-07-08, 07:37 PM
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Originally Posted by Numanoid
This is just the agreement that they sign with the agent, right? In other words, the contract between seller and real estate office? Sounds like they are trying to avoid things like unscrupulous car dealerships that tell the foreign-language speakers one thing, then have the contract say something completely different (favoring the dealership, of course).

I don't know, doesn't seem so bad. I'm sure that standard agreements will be easily available in every language, allowing you to write in dollar amounts in all the right places. What it will discourage is people writing their own misleading and confusing agreements.
True. It will at least discourage tricks like the ones that turned Africans into slaves (misleading--non-understandable--indentured servant agreements). And I don't like seeing someone screwed over as much as the next guy. But a person's first language? So even if a Mandarin man spoke fluent English, his contract must be in Mandarin? A better law would nullify a contract if one party didn't understand it, but that brings up a whole new set of arguments.
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Old 05-07-08, 08:01 PM
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Looks like Washington has outdone themselves in trying to be more sensitive than Oregon legislators. They must've ran out of bicycle lane paint and reusable tampon material.

And yes, this is a stupid law. I think I know who came up with this one.
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Old 05-07-08, 11:10 PM
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Originally Posted by Hank Ringworm
Did the professional translator lobby have anything to do with this new law? Seems they stand to make a bundle.
They actually fought it. It is part of a law that has to do with distressed properties. It adds a lot of crap. Here are the faqs http://www.warealtor.org/distressed_properties.asp

In terms of standard forms being in different languages, I haven't ever seen any. But most offices use specific listing agreements to their office anyway. Mine was drafted by an attorney to include specific language I wanted, and most are slightly different.
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Old 05-08-08, 08:45 AM
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I foresee a lawsuit within 6 months of this law being enacted.

kvrdave - be careful what you say about your discrimination plans - they are watching.
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Old 05-08-08, 09:27 AM
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Is it true that the listing agreement/distressed home consultant agreement must be printed in seller's first language?

The law requires that the distressed home consultant agreement be written in the language that agent uses to describe his or her services to seller and also in English. In other words, if agent speaks to seller in a language other than English, then agent must translate the listing agreement/distressed home consultant agreement into the language used by seller and agent. Agent is required to achieve total accuracy in the translation. It is the recommendation of the Washington REALTORS® and NWMLS that agents and broker have the agreements professionally translated rather than translating the agreements personally. Seller and agent/broker must sign the translated agreement and the English agreement.
As stated, it seems fair to me. If you speak a foreign language to someone to induce them to sign a contract, the contract should be in the same language.
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Old 05-08-08, 09:30 AM
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Originally Posted by kvrdave
Not a huge issue where I live, but many places will need many many different copies of listing agreements. For me it probably means I'll just turn down listing from "English as a second language" people.

Nice unintended consequence.
Isn't this a violation of the FHA?
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Old 05-08-08, 10:19 AM
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Originally Posted by Nick Danger
perfectly sensible law
How can someone argue with that? If you negotiate in Mandarin, the contract should be written in Madarin.
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Old 05-08-08, 10:22 AM
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Originally Posted by DVD Josh
Isn't this a violation of the FHA?
Of course it is.

I have an upcoming class on this new law, so I'll find out what the real deal is. The listing agreement actually doesn't bother me much. The "distressed property consultant" thing looks like it could add a lot of crap to things. I hope this gets challenged.
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Old 05-08-08, 02:06 PM
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Originally Posted by kvrdave
Of course it is.

I have an upcoming class on this new law, so I'll find out what the real deal is. The listing agreement actually doesn't bother me much. The "distressed property consultant" thing looks like it could add a lot of crap to things. I hope this gets challenged.
You should start the suit and than start a thread about the ongoing strugles against The Man.
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Old 05-08-08, 02:21 PM
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To answer the question, I think it's stupid.
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Old 05-08-08, 02:34 PM
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Ok, this one was dumb.
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Old 05-08-08, 02:39 PM
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This seems to be a wonderful example of a problem arising because of some kind of societal change and the government trying to solve it in the most ham fisted way imaginable. Well, I guess it could be worse and they could mandate all contracts had to be in Esperanto.
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Old 05-08-08, 03:11 PM
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I understand the spirit of the law, but the reality is stupid.
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Old 05-09-08, 05:30 AM
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Originally Posted by Numanoid
This is just the agreement that they sign with the agent, right? In other words, the contract between seller and real estate office? Sounds like they are trying to avoid things like unscrupulous car dealerships that tell the foreign-language speakers one thing, then have the contract say something completely different (favoring the dealership, of course).

I don't know, doesn't seem so bad. I'm sure that standard agreements will be easily available in every language, allowing you to write in dollar amounts in all the right places. What it will discourage is people writing their own misleading and confusing agreements.
Has the state already provided the form (in who knows how many languages) or did they go ahead and pass the law with no baseline document or examples?
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Old 05-11-08, 06:04 PM
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Originally Posted by kvrdave
New law going into affect that says that in real estate a listing agreement must be in a person's first language. So if I list a house from someone who is a native of China, it must be in Chinese, etc.

Not a huge issue where I live, but many places will need many many different copies of listing agreements. For me it probably means I'll just turn down listing from "English as a second language" people.

Nice unintended consequence.

I think it's a bad law, but I can't find the poll.
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Old 05-11-08, 07:32 PM
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Originally Posted by Numanoid
How can someone argue with that? If you negotiate in Mandarin, the contract should be written in Madarin.
If you negotiate in Mandarin...you should be living in Mandaria.

English, baby. Do you fucking speak it.

What next? We'll need a courtroom for every goddamn language in the world, and a judge and jury who speak the language. Retardo. Hello!
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Old 05-11-08, 09:08 PM
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Originally Posted by DVD Polizei
If you negotiate in Mandarin...you should be living in Mandaria.

English, baby. Do you fucking speak it.

What next? We'll need a courtroom for every goddamn language in the world, and a judge and jury who speak the language. Retardo. Hello!

If you negotiate in English, you should be living in England!
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Old 05-31-08, 01:41 PM
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Went to an industry class on this finally, and here is the scoop. The WA legislature screwed up.

The state AG pushed through a consumer protection law a few days before the session ended. It was the same law as 18 other states have. The intent is to stop some scam where people give up their equity in their homes. Every state has lawyers, mortgage brokers, realtors, etc. excluded from the law because it is about "distressed homeowners" who are not selling but getting trapped in some scam.

House and Senate passed it concurrently because it was on the fast track. When they went to committee to flesh out the few differences, they screwed up because they were in a hurry before session ended and forgot to exclude realtors. Once it was done, the session ended 3 hours later.

They have acknowledged their screw up and say that they will fix it as soon as the next session starts. But in the meantime we have to change all our forms, disclosures, etc. to comply with a law that wasn't intended to include us, which they admit.

Some really stupid stuff. The way it is written it is obvious that it isn't meant to include us. We now have to have verbatim disclosure language in our forms that make absolutely no sense in the context of what we do.

Politicians suck.
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