[WSBARP] Earnest Money Interpleader Question

[Jeanne Dawes]

I had a case like this, defendant, Seller, who refused to authorize return of earnest money to buyer (tree fell on house prior to closing), argued that the PSA provides that in an action commenced by buyer or seller, prevailing party entitled to attorney fees, and that the interpleader action was not commenced by buyer or seller, so no atty fees should be awarded.  We won the attorney fee issue by arguing attorney fees should be awarded to buyer (prevailing party) under the small claims statute (RCW 4.84.250) and won, Seller appealed to Div. III and Div. III revered.  I don't recall why because I did not handle the appeal.

Jeanne

Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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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: Thursday, September 13, 2018 10:02 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Earnest Money Interpleader Question

The deposition of the funds is adjudicated between the "defendants" (Buyer and Seller) in the same action.


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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Wesley C. McMahon
Sent: Thursday, September 13, 2018 9:39 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Earnest Money Interpleader Question

Every earnest money dispute I've been involved with was settled prior to being sent to interpleader...until now.  I was wondering if someone out there has experience with the process of an interpleader action pertaining to an earnest money dispute.

I understand the escrow company is the plaintiff, and the buyer and seller are the defendants in the initial interpleader action.  Is the case then completely adjudicated in that action, or is another complaint by the buyer/seller necessary to adjudicate disposition of funds?

Wesley C. McMahon
Partner
Moultray & McMahon, PS
www.Moultray.com<http://www.moultray.com/>
11661 SE 1st Street
Suite 201
Bellevue, WA 98005
Phone: 206-777-1435
E-Mail: Wes at Moultray.com<mailto:Wes at Moultray.com>

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