[WSBARP] NWMLS Form 35

Mon Oct 7 13:28:13 PDT 2019

Quick thoughts:

1.	Seller could still make the request.
2.	Not a material term to the contract.  Remedy would be in damages for
the breach, if any, not in full default.

Steve

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of nestor at pplsweb.com
Sent: Monday, October 7, 2019 1:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] NWMLS Form 35

The recently updated form 35 adds to paragraph 1a. the following..."Buyer
shall not provide the inspection report, or portions thereof to Seller
unless Seller requests otherwise or as required by paragraph 1.b".

Selling broker provides a 35R with copy of reports to Listing Broker. Seller
now wants to hold Buyer in default and forfeit Earnest Money because Selling
agent provided copy to Listing Agent.

I can't see how the Buyer defaulted (for a couple of reasons to start) and
forfeited the deposit. Curious to hear your thoughts.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

ATTENTION - This e-mail message and any attachment to this e-mail message
may contain confidential information that is legally privileged. If you are
not the intended recipient, you must not review, retransmit, convert to hard
copy, copy, use or disseminate this e-mail or any attachments to it. If you
have received this e-mail in error, please notify us immediately by return
e-mail or by telephone at the phone numbers provided herein and delete this
message. Please note that if this e-mail message contains a forwarded
message or is a reply to a prior message, some or all of the contents of
this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20191007/047e6630/attachment.html>