Inspection Response Form Idiosyncrasy

Attorney Annie Fitzsimmons answers questions for Washington State Realtors in a weekly newsletter.

As a rule, in most contracts, any offer can be withdrawn until it is accepted by the other party. In a Purchase and Sale offer where the parties have choosen to use Form 35 Inspection, and Form 35R Inspection Response, can either party withdraw their offer during the 3 day (unless changed) period while waiting for the other party's response? Wording in Form 35 states that "[a]ll requests, responses and replies made in accordance with the following procedures are irrevocable for the time period provided."

So, the answer is no. A seeming exception to the general rule.

If the buyer waives the inspection or terminates the sale based on the inspection, no response is required.

The above is not legal advice. All cases have specific issues that should be reviewed by an attorney.