[WSBARP] Thoughts on a ROFR for real property

Sat Mar 17 13:59:39 PDT 2018

A little history from a retired geezer: several decades ago we would include
a line in purchase agreements that the appliances are included "as a
convenience to seller at no cost to buyer" to avoid sales tax on personalty,
but that only worked for single units, not for sale of multi-unit buildings.
For those, not paying sales tax on appliances was a great red flag to the
auditors. Eventually the state formally excluded owner-occupied sales, but
the appliances in commercial sales are still subject to sales tax, and I
suspect ignoring them still invites an audit. Listing them on the REET lets
the state calculate the tax. 

Rebecca K. Wiess

421 24th Avenue East

Seattle, WA  98112

Phone 206 329-6638

rwiess at foxinternet.net 

  _____  

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Friday, March 16, 2018 11:37 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Thoughts on a ROFR for real property

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.

cid:image001.jpg at 01D349B3.13D1DA50

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 

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From: wsbarp-bounces at lists.wsbarppt.com <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>
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/> 

92 Lenora St. (The Makers Space, a shared work environment) 

Seattle WA 98121

Office/Cell: (206) 369-5949   Fax: (206) 770-7328 

@LawyerBroker <https://twitter.com/LawyerBroker> 

How to Buy Without an Agent
<http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent>  |
How to Sell FSBO
<http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO>  | RE
Glossary
<http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary> 

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