Hi, I'm Andy Fitzsimmons, and I'm your Washington real estate lawyer hotline lawyer question. I've been getting a lot of questions from sellers about their documentation around foreign investment in real property taxes, and I'm sorry to hear that. The question you're asking involves form 22E, the Berta certificate. Hopefully you're aware that with the 2021 version of form 21, buyers are given the right to deliver a notice of right to terminate if the seller hasn't delivered a signed Freda certificate to escrow. By the way, a courtesy copy of that form 22E should always be delivered to the buyer's broker's office. The question though is if the seller has not delivered that form 22E Fer pa certificate marked and signed by the seller to the escrow company, but the seller has identified in the MLS or citizenship status, or it's been marked on the face of the form 21 and the seller has signed the form 21, isn't all of that sufficient to eliminate the buyers right to terminate the transaction even if the seller hasn't delivered the 22E to the escrow company? The answer is no. Form 21 is very clear: the seller must mark sign the form 22E, and they never include their social security number on the form 22E. The form 22E on its face says that the seller will provide that information to the escrow company in the future, but the seller needs to mark the box identifying their citizenship status and sign that form. And finally, if you receive a notice of right to terminate from the buyer based on the seller's failure to deliver the Fer pa certificate to escrow, take it seriously. That contract provision will give the buyer the right to terminate the purchase and sale agreement if the seller fails to timely deliver...
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