[WSBARP] NWMLS Form 35

[nestor at pplsweb.com]

Kerry, I am not sure I follow your last line where Buyer would be liable for
damages.

 

After a proper and timely 35R was provided by the Buyer and  Seller doesn't
want to make the substantial repairs and says if you don't close we keep you
deposit because I received the report, why would the Buyer be in default?
I don't think Seller has been given that hammer to wield in this
circumstance. 

 

Also, I am not following the intent of this clause, unless it was done to
prevent Buyers from sending a huge garbage list of repairs where the Seller
is now on "notice" to amend a Form 17 based upon these reports if the Seller
doesn't; acquiesce to the Buyer's demand.

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: Kary Krismer <Krismer at comcast.net> 
Sent: Monday, October 7, 2019 1:27 PM
To: nestor at pplsweb.com
Subject: Re: [WSBARP] NWMLS Form 35

 

I would agree with you about the consequences.  Note the form does not say
the contract is terminated and the EM is to be returned to the seller.  IMHO
you'd need a material breach for damages, and I have a hard time imagining a
situation where the buyer wouldn't be allowed to just waive their inspection
contingency and proceed to closing after having provided the inspection
report.  In that scenario the seller would not have been damaged at all
(ignoring aggravation).  

It's where the buyer doesn't proceed to closing and/or makes "unreasonable"
demands for an adjustment that the clause and damages come into play.

Kary L. Krismer
John L. Scott, Inc. 
206 723-2148

On 10/7/2019 1:22 PM, nestor at pplsweb.com <mailto:nestor at pplsweb.com>  wrote:

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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