[WSBARP] Purchase and Sale Agreement for Residential Real Estate

Wed Dec 14 10:07:03 PST 2016

This is good thinking.  Would you be willing to share the CYA letter
content?

Thanks,

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com

On Wed, Dec 14, 2016 at 9:52 AM, Paul <pneumiller at hotmail.com> wrote:

> To a certain extent and depending on how many zeros are in the purchase
> price, I agree with Craig.  There are thousands of transactions that close
> weekly using the NWMLS forms successfully.  If a FSBO seller comes to me
> for the sale of a standard Leave It to Beaver house, I question my utility
> if I try to force use of word-processed attorney prepared form that causes
> grief with the buyer because, in the buyer’s mind, the buyer now needs to
> hire an attorney.  (AND, the new attorney has to earn his income by finding
> fault with the another attorney’s form and now we are off to races with
> multiple negotiations.)  Sometimes, I feel it is better (after full
> disclosure with the client) to use the NWMLS forms because then the seller
> takes it to the buyer (or vice versa) and says, “this is the form that
> *everyone* uses and the brokers are all comfortable using” and saying
> that the form is a middle of the ground form that doesn’t’ particularly
> favor one party over the over.  Frequently, it’s a “no-brainer.”  Are there
> tradeoffs?  Definitely yes.  But if the deal goes through with no hiccups
> and the parties move on with their lives, then all is good.   As Craig B.
> points out, you need trust and cooperation to move forward.  The forms give
> both parties lots of outs but if you have a motivated buyer and a motivated
> seller, the deal should go through.  Though I have no empirical evidence, I
> feel that for a standard sale of residence situation, there would be more
> problems created by using a lawyer-generated P&S agreement than the
> problems created by using the NWMLS forms.  Of course, all that said, I
> have a CYA letter I send to my client if the client wants to use me instead
> of a broker.
>
>
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *Craig Blackmon
> *Sent:* Wednesday, December 14, 2016 8:32 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Purchase and Sale Agreement for Residential Real
> Estate
>
>
>
> Well, as a licensed broker as well as an attorney, I would note that a
> residential real estate transaction, almost by definition, needs some trust
> and cooperation. If you MUST see changes to the forms, depending on your
> client, then you make trust and cooperation difficult. Query whether that
> is in the client's best interests - where the client can surely give
> informed consent to whatever additional "risk" results.
>
>
>
> Jim, I have the NWMLS order form and can send that along. I can also send
> you my own forms (drafted for and owned by my real estate firm Added Equity
> Real Estate). Just shoot me an email directly.
>
>
>
> Craig
>
>
> Craig Blackmon, Attorney at Law
>
> Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
>
> 92 Lenora St. (The Makers Space, a shared work environment)
>
> Seattle WA 98121
>
> Office/Cell: (206) 369-5949   Fax: (206) 770-7328
>
> @LawyerBroker <https://twitter.com/LawyerBroker>
>
> How to Buy Without an Agent
> <http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent>
>  | How to Sell FSBO
> <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE
> Glossary
> <http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential
> electronic communication encompassed by 18 USC 2510. It is for the sole use
> of the intended recipient and receipt by anyone other than the intended
> recipient does not constitute a loss of its confidential or privileged
> nature.  Any review or distribution by others is strictly prohibited. If
> you are not the intended recipient please inform the sender and destroy all
> copies.
>
>
>
> On Wed, Dec 14, 2016 at 8:19 AM, Marcus Fry <mfry at lyon-law.com> wrote:
>
> Buyer beware with the NWMLS forms.  In my view, they have unfavorable or
> insufficient paragraphs throughout the agreement depending on who you
> represent.
>
>
>
> Marcus J. Fry
>
> Lyon, Weigand & Gustafson, P.S.
>
>
>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *atfitz at comcast.net
> *Sent:* Wednesday, December 14, 2016 8:07 AM
> *To:* WSBA Real Property Listserv
> *Subject:* Re: [WSBARP] Purchase and Sale Agreement for Residential Real
> Estate
>
>
>
> The forms you are looking for are produced by NWMLS.  You should contact
> NWMLS directly.  They sell to and/or share the forms with lawyers upon
> inquiry.  I am not sure what their terms are but I understand they are
> quite reasonable.
>
>
>
> Thanks - Annie
>
>
>
>
>
>
> ------------------------------
>
> *From: *"Jim Doran" <jim at doranlegal.com>
> *To: *"WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
> *Sent: *Wednesday, December 14, 2016 7:43:55 AM
> *Subject: *Re: [WSBARP] Purchase and Sale Agreement for Residential Real
> Estate
>
>
>
> I tried that and they have everything else but not the Purchase & Sale
> Agreement form and addenda.  I'll try a few realtors I work with.  But it
> has got to be on the web somewhere.  🤔
>
>
>
> Thanks,
>
>
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
>
>
> On Tue, Dec 13, 2016 at 7:10 PM, Roger Hawkes <Roger at law-hawks.com> wrote:
>
> Look at the wsba site for lpo folks; many forms there.
>
>
>
> Roger Hawkes, WSBA 5173
>
> 19909 Ballinger Way NE
>
> Shoreline, WA 98155
>
> www.hawkeslawfirm.com
>
> 206 367 5000 <(206)%20367-5000> voice
>
> 206 367 4005 <(206)%20367-4005>  fax
>
>
>
> *From:* Jim Doran [mailto:jim at doranlegal.com]
> *Sent:* Tuesday, December 13, 2016 4:02 PM
> *To:* WSBA Real Property Listserv
> *Subject:* [WSBARP] Purchase and Sale Agreement for Residential Real
> Estate
>
>
>
> Would someone be able to point me to the website where I can find and
> print a standard form Purchase& Sale Agreement, and addenda, for
> residential real estate?  Or send me a few of the forms.
>
> Usually clients come in with them all filled out with problems.  Now a
> client wants me to prepare it for him.
>
> Thank you.
>
>
> James R. Doran
>
> Attorney at Law
>
> 100 E. Pine Street -  Suite 205
>
> Bellingham, WA 98225
> (360)393-9506 <(360)%20393-9506>
>
> jim at doranlegal.com
>
> www.doranlegal.com
>
>
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