[WSBARP] NWMLS Form 35

Craig Blackmon craig at lawofficeofcraigblackmon.com
Mon Oct 7 15:13:18 PDT 2019


If seller proceeds to perform, then the breach is waived and the contract
is revived through continued performance. So no damages if seller performs.
But seller has no duty to do so. Rather, seller has a solid contractual
right to claim breach and thus entitlement to liquidated damages.

By my analysis, anyway. Nestor, please do report back....

CB

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On Mon, Oct 7, 2019 at 3:02 PM Kary Krismer <Krismer at comcast.net> wrote:

> A suit for damages, but where the sale closes the only damages to the
> seller might be from having been subjected to listening to their agent
> complain about the buyer's agent.  ;-)
>
> I think the purpose of the language was to end a bad practice by some
> agents.  Actual provable damages might be rare.
>
> Kary L. Krismer
> John L. Scott, Inc.
> 206 723-2148
>
> On 10/7/2019 2:38 PM, Bryce Dille wrote:
>
> So what if any remedy does the seller has if unauthorized disclosure of
> the inspection report is made especially if the deal closes?
>
>
>
> Bryce H. Dille | Attorney at Law
>
> Dille Law, PLLC
>
> P: 360-350-0270 | F: 844-210-4503
>
> 2010 Caton Way SW, Suite 101
>
> Olympia, Washington 98502
>
> www.dillelaw.com
>
>
>
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