[WSBARP] SWD and "Integration" or "Merger"

[Paul Neumiller]

Listmates, I vaguely remember a concept/doctrine that any deed restrictions set forth in a purchase and sale agreement must be repeated in the deed or they are ineffective.  The specific case I remember was an attorney fees clause set forth in the purchase and sale agreement but not in the deed itself.  I vaguely remember the WA court saying the that terms of the purchase and sale agreement merged (?) or were somehow integrated into the deed with the result that attorney fees were not available after the deliver of the deed because the attorney fees clause was not repeated in the deed.  Anyone have a case cite or a name for the doctrine?

I am trying to defeat a one sentence statement in purchase and sale agreement that states that if the buyer dies at any time before the loan is paid in full, "the property will revert to the seller's estate."   That's all it says and there is no deed of trust or promissory note.  Borrower has died.  My client is the surviving spouse of the borrower who is trying to not lose his house to the private lender.  I would also love it if someone has a case that says that a family award will defeat this type of reversionary clause.




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