[WSBARP] Specific Performance of REPSA - remedy recital in Complaint?
Rod Harmon
rodharmon at msn.com
Tue Aug 9 22:17:24 PDT 2016
Eric:
This language worked for me in the complaint:
"that the Court order _________ to specifically perform the terms of the
sale of the subject property to _______ pursuant to the purchase and sale
agreement, specifying each of the actions the parties are to take."
And then the order of summary judgment provided: "_____ is obligated to
sell the above-described property to ________ under the terms of the
purchase and sale agreement."
The judge told us that if we had any problems with the mechanics to come
back and he would get more explicit. We didn't have to go back.
Rod Harmon
RODNEY T. HARMON
Attorney at Law
P.O. Box 1066
Bothell, WA 98041
Tel: (425) 402-7800
Fax: (425) 458-9096
<http://www.rodharmon.com> www.rodharmon.com
<mailto:rodharmon at msn.com> rodharmon at msn.com
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Tuesday, August 9, 2016 3:35 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Specific Performance of REPSA - remedy recital in
Complaint?
I rep a Buyer in a REPSA; Seller has refused to close despite full tender by
Buyer. Anyone have some sample language on the best way to characterize the
specific performance remedy? I cannot just ask the court to order the
property to be conveyed, because the whole closing routine still needs to
get handled - excise tax needs to be paid, closing costs, title insurance.
I'll request an order for "full performance of the Agreement" and
appointment of a commissioner under CR 70 in the alternative...anything
else?
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
Please Note that We Have Moved. We have moved our Seattle office to Mount
Baker Ridge (a small commercial community just above the I-90 tunnel). Our
new address is 1417 31st Avenue South, Seattle WA 98144. All other contact
information remains the same.
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