Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1968 NO. 6 >

Where the holder of a bank credit card (e.g., Firstbank card or BankAmericard) uses this credit card to purchase goods or service from a participating vendor, the transaction is governed by the regulatory provisions of the retail installment sales act pertaining to maximum service charges, collection of delinquency charges, information to be provided by sellers, etc., which apply to all transactions made under a "retail charge agreement" as defined therein.

AGO 1980 NO. 11 >

(1) To the extent permitted by 12 U.S.C. § 85, where the holder of a bank credit card issued by a national bank uses that card to purchase goods or services from a participating vendor, the issuing bank may impose a monthly interest charge on any resulting unpaid balances due which is higher than the maximum service charge permitted by RCW 63.14.120 in connection with a retail charge agreement. (2) In addition to imposing such a monthly interest charge in connection with merchandise purchase transactions, a national bank may lawfully charge its credit card holders a periodic credit card membership fee unrelated to any particular transactions involving use of the card during the period covered; however, that membership fee may not exceed $1 per month or $12 per year. 

AGO 1974 NO. 17 >

(1) The term "children's sleepwear" as defined in § 3, chapter 211, Laws of 1973, 1st Ex. Sess., (RCW 70.110.030) includes both infant sizes 0-6X and children's sizes 7-14; in addition, it also includes junior or adult sizes of sleepwear which are the physical equivalent of those children's sizes even though not designated as such. (2) The provisions of chapter 211, Laws of 1973, 1st Ex. Sess., are currently enforceable within the purview of the preemption clauses of the Federal Flammable Fabrics Act and Consumer Product Safety Act, and their enforceability with respect to children's sizes 7-14 or the equivalent is not dependent upon the effectiveness of certain federal regulations establishing flammability standards for those sizes of children's sleepwear which are not scheduled to take effect until May 1, 1975.

AGO 1953 NO. 19 >

The state may sell timber separate from the land with a valid requirement that it be removed within a period less than five years, regardless of whether the sale is for cash or on a stumpage or scale basis.

AGO 1984 NO. 30 >

Under RCW 59.20.070(1) a mobile home landlord may not prohibit or restrict a tenant from advertising that his or her mobile home is for sale by such normal means as posting a sign either on the mobile home itself or on the leased or rented premises.

AGLO 1978 NO. 32 >

A licensed real estate salesman, in engaging in rental transactions involving his own, personally owned, real property, is not statutorily required to process those transactions through his real estate broker; however, the broker may, as a condition of employment, impose such a requirement and, in any event, could, depending upon all factual circumstances, be held legally responsible for his salesman's conduct in connection with the latter's rentals of his own property.

AGO 1963 NO. 40 >

The board of county commissioners does not have the authority by ordinance or resolution to alter the definition of "sale" as it appears in chapter 28.45 RCW so as to exempt a transfer by a property owner to a corporation in which he holds more than a designated portion of the capital stock.

AGLO 1977 NO. 50 >

(1) The requirements of RCW 19.98.010 apply both to dealers who have discontinued their relationship with suppliers of farm implements, machinery and parts and to routine part returns by active dealers. (2) The terms of an annual part return adjustment agreement between a supplier and retailer need not be identical to those set forth in RCW 19.98.010. (3) Although the right to return parts pursuant to an annual part return adjustment agreement is dependent upon the terms of that agreement, a retailer of farm implements, machinery and parts who has been granted such a contractual right by a supplier will then be entitled to elect between his contractual remedies and the remedies set forth in RCW 19.98.010.

AGO 1958 NO. 212 >

The director of game or his representative may withhold from auction beaver pelts or may withdraw beaver pelts from sale before the hammer of the auctioneer falls.   The director or his representative may not sell beaver pelts at a private sale.