Sparks fly over noise disclosure in Coupeville

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 broker, however, said that’s incorrect.

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

The disclosure that Monson allegedly 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 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.

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 maintains 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 realtors give prospective homebuyers a version of the shorter building code disclosure issued by the MLS, and does not include the outlined language of the “Airport and Aircraft Operations Noise Disclosure Ordinance.”

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


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