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

[Kaitlyn Jackson]

I'd love to know the answer of this as well as I have a situation that
could benefit from this information.

Kaitlyn

On Thu, Jan 24, 2019 at 2:40 PM Paul Neumiller <pneumiller at hotmail.com>
wrote:

> 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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-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

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