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

[scott at scottgthomaslaw.com]

I think the case you are referring to is Brown v. Johnson, 109 wn.App. 56
(2001).  Search term merger doctrine.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Thursday, January 24, 2019 2:38 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] SWD and "Integration" or "Merger"

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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