As crazy as that sounds, if you are buying a house in the state of Washington and fixing it up then resell it you may be breaking the law. I was notified in the local real estate investor’s association newsletter that any investor “Flips” it, is now required by Washington State Law to become a registered contractor. I have read the law on the Washington State website. It was passed in an attempt to regulate unlicensed contractors and passed unanimously in the legislature and the senate and then signed into law by the Governor on May 11th. This law is well and good but the problem as I see it is the definition of contractor: "Contractor" means any person, firm, or corporation who or which, in the pursuit of an independent business undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, highway, road, railroad, excavation or other structure, project, development, or improvement attached to real estate or to do any part thereof including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own property, employs members of more than one trade upon a single job or project or under a single building permit except as otherwise provided herein. "Contractor" includes any person, firm, corporation, or other entity covered by this subsection, whether or not registered as required under this chapter. What does this mean to us real estate investors. It means that we are limited in what we can do, even to our own property. I also received an email from a friend of mine Dean Dretske who wrote about it in his blog and covered it really well. Please visit his site to read this well written article. How did something like this slip through without anyone knowing about it you may ask? Good question. It was done under the guise of protecting the public like so many good intentioned but poorly executed laws. It was directed at people posing as contractors but the law stepped over the line into personally owned real property. I believe that they were also trying to generate revenue for the government as well as it will make more people become contractors. This is another case of one industry saying “thank GOD they are going after someone else rather than me”; which in turn had an adverse impact on many industries ours included. Keep a watchful eye on the regulators because they see themselves as protectors and sometimes get a little power hungry. The only way I can see around this law is to register your company as a general contractor and get the appropriate bonding and insurance; which will just add to our underlying costs of doing business. This is just one more thing for us to do in order to comply with the law and protect ourselves. Becoming a contractor is not the end of the world and is not overly difficult. But it will be a barrier to entry for many people getting into real estate investing but most will take up the challenge. In the mean time you can attend your local REIA groups to find out what else is going on with your legislature. Maintain a defensive posture and form a legislative watch to see these things coming down the pick. Put your money where your mouth is. When our local REIA club tried to raise money for this effort not many people donated because they didn’t see this affecting them. Dust off the cob webs from your wallet and join together to combat poorly drafted legislation. Also with the Sub-Prime melt down and the increasing foreclosure rates there will be more government action coming down the pike. Be mindful and alert and take action against them. Be above board in all of your business actions so as to not give them a reason to see ghosts in the wood shed and cover yourself in everything you do with appropriate disclosures and CYA forms. And find a good legal counsel who knows the intricacies of real estate and investing. And as the Sergeant from the old show Hill Street Blues use to say – “Hey, Let’s Be Careful Out There!”Are you flipping houses without a license?
Labels: Contractor, Flipping, Legislative Avtion, Real Estate Investors, Washington State

