[WSBARP] What are "proceeds" on sale of real property

[nestor at pplsweb.com]

Unless there is case law to the contrary (that I have not seen) those amounts come out of the net proceeds to the Seller.

 

 

Nestor Gorfinkel, Attorney at Law 

Admitted to practice law in Washington & Florida 

Florida Civil-Law (International) Notary

Puget Property Legal Services

40 Lake Bellevue Drive # 100

Bellevue, WA 98005

Tel. (425) 961-0519

Fax. (888) 522-3601

 



 

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.

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Thursday, September 26, 2019 11:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] What are "proceeds" on sale of real property

 

Brain trust -

 

Client is real estate broker. Broker has entered into contract with Seller. Sale of property is pending. Title discovers divorce decree judgment with the following language in favor of Seller's ex-spouse: 

 

It is further ordered that any proceeds from the pending sale of Respondent’s home shall first be applied to his past due child support .... judgment of $$$; any remaining proceeds shall be applied to his past due spousal maintenance judgment of $$$. Failure to apply the proceeds as directed by this order shall be a basis for contempt. 

I took out the amount for privacy reasons. 

 

It is discovered that if the ex-spouse's judgment is paid out of the proceeds of the sale that not enough money will be left to pay the brokers their commission. Aren't the commissions supposed to take priority as a service rendered? 

 

Would love to hear your thoughts. 

-- 

Thank you,


Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: kaitlyn at dimensionlaw.com| <mailto:kaitlyn at dimensionlaw.com|>  www.dimensionlaw.com <http://www.dimensionlaw.com/> 


PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190926/2846b56d/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2268 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190926/2846b56d/image001.jpg>