[WSBARP] Buyer Remedy for Seller Default in NWMLS P&S

[Andrew Hay]

Specific performance is an extraordinary remedy.  I can't see a judge forcing a seller to perform repairs, unless the repair is way out of the ordinary.  This sounds like a claim for damages - cost of repair, plus incidentals and consequentials.   Fees and costs also if included in the P&S Agreement.  Normally the risk of paying fees and costs would be enough incentive to force the seller to perform.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>


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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Wednesday, February 07, 2018 4:49 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Buyer Remedy for Seller Default in NWMLS P&S

I have a Buyer who is having an issue with the Seller who refuses to make the repairs after agreeing to the same on Inspection Response Form 35R. After reviewing the NWMLS P & S Agreement and Form 35 and 35 R.  I see Seller remedy for Buyer default, but I don't see Buyer remedies for Seller default?

How does Buyer enforce this? Specific Performance, Damages?

Thanks.


Nestor Gorfinkel, Attorney at Law
Admitted to practice law in Washington & Florida
Florida Civil-Law (International) Notary
Puget Property Legal Services, PC
11900 NE First Street Suite 300
Bellevue, WA 98005
Tel. (425) 961-0519
Fax. (888) 837-0616
nestor at pplsweb.com<mailto:nestor at pplsweb.com>

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