[WSBARP] Document from Escrow Officer

Marc Holmes marc at holmeslawgroup.com
Wed Aug 27 10:48:53 PDT 2014


That doesn’t surprise me at all.  Most of the escrow instructions I’ve
seen also have a provision to the effect that the terms therein do not
supersede the purchase and sale agreement.  Have you had any luck
countering that argument on this basis?

 

In any case, I have never had any problem getting escrow companies to
relent on verbiage like this when I object to it during the course of the
transaction, i.e., before closing.  They may cuss and moan a bit but then
I say no problem, we’ll just change escrow company and I’ll keep this in
mind for all future transactions.

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

 <http://holmeslawgroup.com/> HolmesLawGroup.com

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of RebeccaWiess
Sent: Wednesday, August 27, 2014 10:25 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Document from Escrow Officer

 

Third, I’ve seen this raised as a shield in any and all post-closing
complaints by buyer – including misrepresentation and fraud cases. 

 

Rebecca K. Wiess

Attorney at Law

1420 5th Avenue, Suite 3775

Seattle, WA  98101

Phone 206 622-4425

Fax 206 622-9021

rwiess at foxinternet.net 

 

  _____  

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, August 27, 2014 10:04 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Document from Escrow Officer

 

Listmates:

 

My client, a seller of property, has been presented a document to sign,
pre-closing, which states:

 

All terms, conditions and contingencies of the Purchase and Sale Agreement
have been met to our satisfaction.  Closing was completed per the
Agreement.

 

Ever seen that before?

 

If so, what say you?

 

I think no, no and no.  First, offered pre-closing.  Second, beyond the
terms of the PSA.  Third, what?!

 

All thoughts appreciated.

 

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:  cat at loccc.com

 

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Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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