[WSBARP] real estate contacts?

[Josh Grant]

I agree with Jeanne.  RE contact is a preferred way for a seller to sell real property.  Very simple to forfeit.
One suggestion.  Because there is a Ct of Appeals case which says that if you put buyer must pay “reasonable attorney fees” that the buyer has the right to have that determined in court. The beauty of a real estate contract is that forfeiture is non-judicial.   AS a result I put in the contract a straight dollar amount ( for example $1,000) as amount buyer must pay for attorney fees in the event a notice of forfeiture is filed.  They either pay it or lose forfeit.

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734


From: Jeanne Dawes 
Sent: Wednesday, June 22, 2016 10:00 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] real estate contacts?

I prefer a real estate contract over note & deed of trust when I represent the Seller.  Forfeiture is quicker, and less expensive than foreclosure.  If I represent the buyer, I prefer Note & Deed of Trust. 

 

Jeanne 

 

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

jjdawes at goregrewe.com

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL. 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, June 21, 2016 7:36 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] real estate contacts?

 

Thanks, Roy.  I assume the purchaser did not defend?

 

From: Roy D. Pyatt [mailto:roy.pyatt at landerholm.com] 
Sent: Tuesday, June 21, 2016 6:03 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] real estate contacts?

 

Roger,

 

I prefer using a note and deed of trust in seller finance transactions like everyone else. But I have performed a couple forfeitures on real estate contracts in the last year or two and both went through nicely. It’s about a four month process to complete. Both forfeitures were for nonpayment.

 

Roy 

  

 


Roy D. Pyatt | Attorney at Law

805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T:  360-696-3312 | T:  503-283-3393 | F:  360-816-2541
www.landerholm.com 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Tuesday, June 21, 2016 5:36 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] real estate contacts?

 

I just had a client who wants to sell some land on a real estate contract.  That is a rarity in my practice.  What are your recent experiences with enforcing such or retaking the property upon failure of payment? Or waste?

 

Roger Hawkes

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