[WSBARP] unique provision of a purchase and sale agreement.

[Craig Blackmon]

Interesting!!! And you're right, quite foreseeable.

I see no SOL issue because breach just happened. That said, if the
agreement had no end date, would that violate the Rule Against
Perpetuities? I think the real issue is damages. What financial loss did
your client suffer as a result of the breach?  Absent a liquidated damages
term, I don't think they can recover, notwithstanding the obvious emotional
distress. Not on a breach of contract action, and likely not any tort claim
either.

I hope that helps. I look forward to other thoughts.

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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On Wed, Jun 5, 2019 at 12:43 PM Kristina Driessen <
kristina at rdattys.comcastbiz.net> wrote:

> I have a purchase and sale agreement dated 1997.  The provision
> essentially states that the seller will have the ability to re-purchase
> "improvements' of the property at "some future time." The buyer was to give
> notice to seller if and when he ever had plans to remove the
> improvements/home [family home of seller]. The transaction closed.
> However, the agreement stated that this provision will
>
> would survive closing.
>
>
> The property was a home and lot. The value was in the land as it is deemed
> commercial.  However, the buyer had the full ability to use the
> home/improvements until he elected to remove to build a commercial
> structure.
>
>
> As one would guess the buyer tore the house down with out any notice to
> seller. This occurred in the last few month.
>
>
> So we are looking at a situation 12 years post closing.  Thoughts
> ?..........and/or does the statute of limitations prohibit
>
>
> *Kristina A. Driessen*
>
> *Attorney at Law*
>
> *"A" Street Legal Services, Inc. P.S.*
>
> *16 A Street SE, *
>
> *Auburn, WA 98002*
>
> *Office:           253-939-0811*
>
> *Website:       astreetlegalservices. com*
>
>
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