[WSBARP] Specific Performance of REPSA - remedy recital in Complaint?

[Rod Harmon]

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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