[WSBARP] Thoughts on a ROFR for real property

[nestor at pplsweb.com]

Quick question.

 

An apartment building is being sold and personal property is included in sale in the nature of  washer/Dryers, refrigerators etc. Do we list these in the REET affidavit in Box 7 and not be required to pay sales tax? 

 

Thanks.

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Wednesday, March 14, 2018 5:30 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Thoughts on a ROFR for real property

 

Craig,

 

The answer is that as a contractual right whatever remedy is provided to the holder of the right, including specific performance. Get back with me tomorrow. I should have one buried in my files.

 



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

 <mailto:nestor at pplsweb.com> nestor at pplsweb.com 

 

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

 

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Craig Blackmon
Sent: Wednesday, March 14, 2018 4:48 PM
To: WSBA Real Property List Serve <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Thoughts on a ROFR for real property

 

'Mates, I just learned - or perhaps relearned - that a right of first refusal does not create an interest in land. Old Nat'l Bank of WA v. Arneson, 54 Wn.App. 717 (1989). 

 

If that is the case, then what is the remedy if the grantor conveys the property to a third party without giving the grantee the opportunity to exercise the right? The grantor would be liable for damages - but no specific performance absent an interest in the land, right?

 

Or am I missing something? 

 

If this is correct, then an ROFR should have a liquidated damages clause, right? Otherwise what would be the damages?

 

Thanks for any insight you can share. And if anyone has an ROFR I can crib, that would be appreciated as well.

 

Craig 


Craig Blackmon, Attorney at Law

Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/> 

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Seattle WA 98121

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