[WSBARP] NWMLS Form 35
Stephen A. Brandli
steve at brandlilaw.com
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
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