[WSBARP] Pocket Lawsuit?

[Kary L. Krismer]

No, but obviously it would be hard to sue based on a known problem.  You  
might even be able to craft an argument limiting their damages to the  
amount of earnest money, since they could have mitigated their damages by  
simply not closing.

I would however point you to the Alejandre v Bull and Douglas v. Visser  
line of cases.  If the buyer does and inspection (or arguably had  
inspection rights) and the inspection found evidence of something without  
the buyer following up, it can be very difficult to recover even if the  
seller knew about the problem.  Read the facts of either of those  
cases--the outcome is rather shocking, particularly Douglas v. Visser.

If your property is new construction, I would worry about implied  
warranties of habitability, but I believe those only cover the more  
serious defects.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148


On Wed, 26 Apr 2017 10:32:17 -0700, Paul Neumiller  
<pneumiller at hotmail.com> wrote:

>
> I have a short fuse on this and it’s a new situation for me.  I  
> represent a non-profit organization who is selling a residence to an  
> >income-qualified buyer.  Buyer has many complaints which may or may not  
> be legitimate and has threaten to consult with >Buyer’s attorney.  Buyer  
> now says that Buyer has seen Buyer’s attorney and wants to move forward  
> with the transaction and close >on the house.  I am concerned that Buyer  
> thinks that Buyer can close on the deal and then sue on the perceived  
> problems.  Is >there any case law that either says that Buyer waives all  
> problems that are known prior to closing or that all of Buyer’s problems  
> >somehow merge into the deed?  Is there any document that I should try  
> to get the Buyer to sign now that fleshes out this issue?
>
>
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170426/9c3eab8d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: image/jpeg
Size: 14511 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170426/9c3eab8d/attachment.jpe>