[WSBARP] assignment

Scott Thomas scott at scottgthomaslaw.com
Tue Nov 21 16:49:59 PST 2017


Clients entered into P&S agreement, entailing construction of new home.
NWMLS form used, which precludes assignment unless seller agrees.
Construction of home turned out to be a difficult process, with numerous
issues turning up.  Long story short, I will make certain neither party sees
the other at the escrow office when the sale closes.  Now for my question:
clients, who entered the P&S agreement as a marital community, have been
advised by their tax lawyer that it would be preferable to form an LLC to
take title to the property.  I am thinking the easiest way to accomplish
this is to simply have clients assign their interest in the property at the
time of closing, after seller has executed closing documents and the P&S
agreement is satisfied, but before the deed is recorded.  Transfer taxes
should not be an issue, and all obligations under the P&S agreement would be
completed.  Am I missing anything?

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