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Citizens of Ebey’s Reserve leader initialed disclosure form in ’03: Monson says Form 22W ‘worthless’

Citizens of Ebey’s Reserve President Michael Monson has consistently maintained he never received a jet noise disclosure when he bought his home in Coupeville,

A real estate agent, however, said that’s incorrect.

After checking records a few weeks ago, a Windermere Real Estate agent said that he discovered that Monson had, in fact, initialed a noise disclosure form, apparently at the time he purchased his home.

The disclosure that Monson apparently initialed is Form 22W, a Multiple Listing Service-endorsed form widely used since 1993 by Whidbey Island real estate agents.

Windermere representative Joe Mosolino commented online last week that Monson did receive, and initialed, Noise Disclosure Form 22W on Sept. 9 2003.

“As a leader of the COER group, and the self-purported honest man he is, we should see a retraction of his statements and a correction on his website any moment now,” Mosolino posted on the Whidbey News-Times website.

Monson calls Mosolino’s statement as a personal attack, and criticized him for releasing private information. Monson asked that Mosolino’s post be removed from the News-Times website.

“This is what Windermere thinks of your privacy,” Monson said.

On Jan. 3, however, Monson forwarded to the News-Times a Dec. 26 email correspondence from another Windermere Real Estate representative informing Monson that a “signed around” copy of Form 22W in his real estate purchase agreement was attached and sent to him for his review.

“I only included the noise disclosure, so if you would like a copy of the entire file, please let me know,” the representative said in his email to Monson.

On Dec. 26, Monson replied to the Windermere representative, “I appreciate your prompt reply. Hope you aren’t allergic to the dust that I’m sure was on the file!”

Monson subsequently declined to provide the newspaper with a copy of the initialed Form 22W, saying in an email, “Why would I send you a worthless form?”

Monson has maintained that he didn’t receive proper disclosure as to the level of jet noise he would experience at his home.

Last month, Island County issued a memo concluding that two noise disclosures currently exist in county code to be used for different purposes.

One disclosure is found in the county’s building code and another in the “Airport and Aircraft Operations Noise Disclosure Ordinance,” the latter to be used for real estate transactions.

Currently, local real estate agents give prospective home buyers a version of the shorter building code disclosure issued by the MLA, and does not include the outlined language of the “Airport and Aircraft Operations Noise Disclosure Ordinance.”

“It appears the copy of form 22W provided to this office does not contain both required disclosure statements, nor cites applicable county code,” the county memo stated.

For that reason, Monson is maintaining that he never received proper disclosure, calling form 22W a “fraudulent non-disclosure statement.”

In response to citizen complaints about noise disclosure, the Whidbey Island Association of Realtors announced last week plans it will update Form 22W to include language from both of the county’s noise disclosure statements.

While this may be good news for future homebuyers, Monson said he doesn’t believe it helps those who have been buying homes over the past 20 years.

A lawsuit against Windermere is “an option to be considered,” he said.

“How are they going to make us whole again?” Monson asked.

Asked why the noise disclosure issue is coming to the forefront now, COER member Maryon Attwood said that the action “speaks to the noise of the Growler.”

This past year, the Navy began the transition from the the EA-6B Prowler to the EA-18G Growler, an aircraft some citizens claim is louder, but that the Navy maintains it simply runs at a different frequency.

 

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