[WSBARP] NWMLS Seller Default

[Annie Fitzsimmons]

The statewide/NWMLS forms do not limit a buyer's remedies in the face of seller's breach.  Note that the reference to seller's remedies would only serve to limit seller's remedies (rather than define seller's remedies) if the parties agree to "forfeiture of EM".  If the parties do not agree to "forfeiture of EM" then seller, like buyer, would have all remedies available at law or in equity in the event of breach by the other.


Thanks - Annie


Annette T. Fitzsimmons P.S.
P.O. Box 65578
Tacoma, WA 98464
253-460-2988/866-290-8362(fax)

> On February 21, 2019 at 11:02 AM nestor at pplsweb.com wrote:
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>     I reviewed the NWMLS contract and I don’t see anywhere a Seller default clause. Paragraph O of Form 21 discusses only Buyer default. Is there any clear language as to what the Buyer’s remedies are when seller doesn’t comply with the contract or refuses to close?  Is this open ended where Buyer can terminate, get deposit back and sue for damages or specific performance?
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>     In other states the typical Board of Realtors forms always discuss both a Seller and Buyer default scenario.
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>     Nestor Gorfinkel, Attorney at Law
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>     Licensed in Washington & Florida
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>     Florida Civil-Law (International) Notary
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