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Video instructions and help with filling out and completing va form 22-1990
Music hi I'm Annie Fitzsimmons I'm your Washington Realtors Legal Hotline lawyer and I want to talk today about VA buyers and their protection under the Fair Housing Act as well as the VA a mandatory clause that's required in every VA financed transaction let's start with the Fair Housing Act veterans are a protected class under Washington law under the Fair Washington State Fair Housing Act the question often comes to me because of that protected class does that mean that a seller violates the Fair Housing Act if the seller rejects a buyer because the buyer is relying on VA financing for their loan and the answer is no there are two separate things a seller cannot refuse to sell to a person who is a veteran based solely on the fact that that person is a veteran but a VA loan is in many ways more difficult to obtain than a conventional or some other loan types for that reason sellers are we're seeing oftentimes inclined in a very busy seller's market to move past a VA loan transaction on to another buyer who may be a cash buyer conventional loan putting more money down something like that so in analyzing the fair housing question we have to separate the veteran as a as a human being against whom the seller is not allowed to discriminate from the loan type that the buyer is obtaining in this case a VA loan which can be a more difficult loan to obtain and and but and sellers do have the ability in selecting buyers to set aside buyers who are relying on a VA loan second question on this topic has to do with the amendatory clause and how the amendatory clause relates to the form 22 ad the additional down payment provision let's talk about the two addendums first of all the VA a mandatory clause is required in every single transaction where a buyer is obtaining a VA loan now honestly buyer brokers you need to get that VA a mandatory clause and you need to attach it as an addendum to buyers offer at the time buyer makes their offer it's not a statewide form it's going to come from buyers VA lender but every VA loan has to have that addendum in place and what we're seeing happened too often is that VA buyers don't include that addendum in their offer because it becomes pro forma at some point but it's not again part of the statewide form system it's not something by your brokers are thinking about so we're moving through the transaction buyer gets their offer accepted we're moving through the transaction we're getting close to closing the VA underwriter or the V or the lender at some point says hey we don't have the amendatory clause in this purchase agreement we have to have it go get it buyer goes to seller says seller I need you to sign the VA.