[WSBARP] Purchase and Sale Agreement for Residential Real Estate

Wed Dec 14 10:32:15 PST 2016

Something like this:

“At your request, I have prepared the enclosed the purchase and sale documents for the purchase of the residence located at XXXXXXX, WA.  As I explained to you in our meeting, I am providing the necessary documents to facilitate the sale of the residence.  I am not providing any other services or functions at this time.  As you know, I had advised that you hire and work through a real estate broker or sales agent because a sales agent will provide many useful services, such as assisting the parties in obtaining inspections and working with the escrow company.  In order to avoid any misunderstanding or confusion, I want to make it clear that, other than providing the necessary paperwork, I am not providing the typical type of services that would be provided by a real estate agent.  Accordingly, unless I hear from you stating otherwise, I will assume that I have no further duties in this matter.”

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Wednesday, December 14, 2016 10:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Purchase and Sale Agreement for Residential Real Estate

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<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto: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<tel:(206)%20369-5949>   Fax: (206) 770-7328<tel:(206)%20770-7328>
@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<mailto: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> [mailto:wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of atfitz at comcast.net<mailto: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<mailto:jim at doranlegal.com>>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com<mailto: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<tel:(360)%20393-9506>
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

On Tue, Dec 13, 2016 at 7:10 PM, Roger Hawkes <Roger at law-hawks.com<mailto: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<http://www.hawkeslawfirm.com/>
206 367 5000<tel:(206)%20367-5000> voice
206 367 4005<tel:(206)%20367-4005>  fax

From: Jim Doran [mailto:jim at doranlegal.com<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<tel:(360)%20393-9506>
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>

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