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Solicited Real Property


Washington State Real Estate Investors have two additional laws that affect us. Resultant penalties, fines, and attorney fees can easily reach into the hundreds of thousands of dollars if you do not comply.

 


The laws are both fully passed and geographically, and perhaps effectively, overlap. The Seattle law became effective October 20, 2025, and the statewide law applies to covered real estate transactions executed on or after January 1, 2026.
 

Generally, the laws include transactions that arise as the result of solicitation of off-market, unlisted residential property. Letters, postcards, doorknob hangers, door knocking, cold calls, texts, emails, websites and more, when used to solicit a seller, are all the subjects of the two laws listed below. 

The penalties and fines start at $7,500 in the City of Seattle. The statewide law has a CPA, or Consumer Protection Act (RCW 19.86) component, allowing treble (basically triple) damages, and the two laws may overlap within the City of Seattle. Not complying with the laws can potentially cost Real Estate Investors hundreds of thousands of dollars on one transaction.

Statewide & Seattle Solicitation WA Laws Require Caution! More @ www.REIAwa.com
REIA Law Updates for WA Real Estate Investors Regarding Solicitation


Washington State SHB 1081: Solicited Real Property Owner Protection


SHB 1081 is codified as RCW 61.40.010. It is a Washington State law that pertains to real estate transactions resulting from solicitation of off-market, unlisted residential property. It affects all such real estate transactions executed on or after January 1, 2026.

 

"Solicitation" is discussed within RCW 61.40.010 to include many of the approaches used by real estate investors on a regular basis. The law cites solicitation as including "public advertising or written, electronic, or in-person contact with an owner of real property that is not currently publicly available or listed on the real estate market for purchase." Thus, it likely encompasses methodology including, but not limited to, letters, postcards, door knocking, doorknob hangers, cold calls, bandit signs, online advertisements and, presumably, more.


Transactions subject to the law are required to provide specific information in at least size 10 point boldface type within the "purchase contract" outlined in the law. The information shall include seller cancellation capabilities and the right to an appraisal performed by an appraiser of the Seller's choice at our expense. Please refer to the law below for specific timelines, all exceeding our norms, associated with the contract when it is provided to the Seller. The law, however, provides that RCW 61.40.010 does not apply to a buyer or seller represented by a real estate broker licensed in accordance with Chapter 18.85 RCW.


Though not expressly stated in the statute, real estate attorneys we have contacted tell us the provisions of the law cannot be waived or disclosed around.

"The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW."

It is still too early to ascertain the effects on Title and Escrow services and whether they will be policing transactions, presumably for their own protection from liability. For the same reason, REIA cannot permit offering of contracts at meetings, on the REIA Forum or through any other REIA resources for any transactions within the State of Washington that are not in compliance with RCW 61.40.010.

The inclusion of the Consumer Protection Act brings specific monetary penalties. Please consult your Washington real estate attorney for details, interpretation, penalties and the effects on your business model. 

Caution! 

Whether a Real Estate Investor who is also a licensed Real Estate Broker can rely on their own license to qualify for this exception is not expressly addressed. Do not assume that your own real estate license creates an exemption.

For both laws, please consult your Washington licensed real estate attorney before relying on this provision.


City of Seattle Council Bill 121039: Homebuyer Protection Ordinance

 

 

Council Bill 121039 was passed as Ordinance 127292 and codified as Seattle Municipal Code Chapter 6.610. It is a City of Seattle Ordinance affecting transactions that pertain to, and purportedly arose as the result of, solicitation of off-market, unlisted residential property. It went into effect on October 20, 2025.

 

The Ordinance is similar to SHB 1081 with several potentially costly caveats. Waiting periods, with the seller capable of canceling the contract without penalty, are longer, fines can be higher and the risk of future litigation activities greater.

The Ordinance also creates a private right of action for financially injured persons, including potential recovery of attorney costs and other relief, and permits the Director to seek injunctive relief. Because the statewide and Seattle laws may overlap within the City of Seattle, a transaction may also be subject to the Consumer Protection Act provisions of RCW 61.40.010.

 

With the requirement created by the Ordinance to publicly post those who commit a second violation within a 12 month period, the City has effectively created what REIA has dubbed a "Virtual Wall of Shame." Given the nature of the Ordinance, the implication is that you fit their description of a Predatory Home Buyer. That online listing will presumably be found well outside of the City and have an impact on your dealings in many jurisdictions in Washington and beyond.

Cold Calling to Solicit Potential Sellers is included in WA SHB 1081. Visit www.REIAwa.com

Definitions within the Ordinance are problematic. As an example, "‘Solicit’ or ‘solicitation’ means to advertise the accomplishments or abilities of a buyer to an owner, request that an owner list a residential property for sale, or offer to purchase an owner’s residential property through any form of communication including but not limited to mail, oral communication, or electronic communication." The final Ordinance, however, provides that Section 6.610.020 does not apply to a buyer or seller represented by a real estate broker licensed in accordance with Chapter 18.85 RCW.

The Ordinance definitions further state that "‘Residential property’ means all property legally used or held out for individuals to live in, regardless of whether the property is occupied by its owners, rented, or vacant." There is no distinction between single family and multifamily properties of any size. That definition fails to align with long held real estate and lending industry standards that properties with five or more units are considered commercial properties. We strongly recommend a close reading of the law and consultation with your Washington licensed real estate attorney for a full evaluation given your own business model.

REIA cannot permit offering of contracts at meetings, on the REIA Forum or through any other REIA resources for any transactions within the City of Seattle that are not in compliance with Seattle Municipal Code Chapter 6.610.

To varying degrees, investors are largely painted into a dark picture of "predatory home buying practices [which] target the most vulnerable in the community" with investors causing homelessness, erosion of communities and an end to generational wealth opportunities and legacies.

 

REIA adamantly disagrees with the characterizations of Real Estate Investors in our community. Though there are deceptive practices to some extent in virtually every industry, we rarely find them among Real Estate Investors in the Puget Sound. It is even more rare that we find them within the REIA Membership.

The majority of the very people lawmakers have painted as "predatory" focus their "solicitations," or marketing, on zoning, potential profits, visual appearances of properties and the like. We do not focus on the ages of homeowners or their race, neither of which is known to us when we knock on a door or send a letter. It seems to be lost on the lawmakers that ours is a numbers game focused on potential profits, not the targeting proclaimed by the laws, particularly those spawned by the City of Seattle.

 

The properties many of us "solicit" are often condemned, horrifically run down, boarded up and can be riddled with infestation and/or contamination. We often find liens, sometimes significant, that could ultimately cause the owner to lose the property. They are largely blights on neighborhoods, havens for the homeless and places for drug use and crime. Neighbors are afraid of some of the people and activities within the homes. We are extraordinarily grateful for the licensed professionals who perform the tasks we cannot or will not do. Our roles are often not glamorous but are among the most rewarding. Communities are reinvigorated and delighted when their safety and property values are restored as the properties are rehabbed and resold to new neighbors in their community. They typically thank us profusely, bring food for long days, bring coffee to weary crews and bring addresses of other properties in the community they hope we will bring back to life.

Most of us do not pursue owner occupied properties to any extent. Many of us have counseled property owners, paid legal costs so they could have our contracts reviewed and helped them remove personal property they wanted from the homes. We have had dumpsters of debris, including drug paraphernalia, hauled away. They say business is not personal. It is all personal and affects our unique approaches to finding, structuring, negotiating and closing deals. Many of those deals were located through "solicitations." In the process, we have improved many lives throughout the Puget Sound and removed burdens property owners did not have the means of resolving without us.

Beyond the mischaracterization of Real Estate Investors and our investing activities, we are disappointed that, as a Real Estate Investors Association, we were not contacted for public comment. The reach by our elected officials was simply too far. There are workarounds within the laws to make those laws less costly and less perilous, topics REIA will cover in upcoming meetings and classes, including the REIA Wholesaling Class. Complain as we will, we still have an obligation to move forward legally, ethically and profitably.

Whether we love the laws or hate them, one thing remains: we must comply with the laws. We've been called unethical, predatory, deceptive and more. Prove them wrong. Get and stay in compliance.


Links to documents related to Washington State SHB 1081 and the Homebuyer Protection Ordinance, Seattle Council Bill 121039

City of Seattle Council Bill 121039
City of Seattle Municipal Code 6.610 (when codification is complete)
Homebuyer Protection Ordinance

Washington State Substitute House Bill 1081
Washington State Law RCW 61.37 (when codification is complete)
Solicitation Real Property-Owner Protection

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The preceding statements are not intended as legal advise.

Please consult your Washington State licensed real estate attorney for details.

 

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