[WSBARP] Research guidance requested

[K. Garl Long]

Seller's is held to the standard of an attorney when drafting; should 
contact insurance carrier.

KGL

On 11/17/20 9:20 PM, Anthony Gibbs wrote:
>
> I’m looking for some help with legal research and would appreciate any 
> guidance or thoughts on the following scenario:
>
> Standard form 21 MLS PSA with financing addendum form 22A, optional 
> clauses addendum 22D, and inspection addendum form 35. Just under 5% 
> earnest money. Both the financing contingency and the inspection 
> contingency are selected. BUT, at the bottom of form 22D, line 12 
> Other is checked and the following language is added:
>
>  1. Buyer hereby authorizes escrow to immediately release $50,000 of
>     earnest money upon mutual acceptance directly to the Seller. This
>     money shall now be considered a non-refundable deposit towards the
>     purchase of the subject property.
>  2. Inspection is for buyers information only. PASS/FAIL
>
> The buyer’s agent prepared the form and all parties signed. Seller 
> later cited the inspection contingency as the reason to terminate the 
> contract and demands the $50k of earnest money back. There is some 
> indication that the buyer might also have had financing problems, but 
> did not cite that as a reason for termination. Buyer understood the 
> $50k to be non-refundable under any circumstances and that motivated 
> them to accept the offer.
>
> What I am looking in to is whether that language, which is not 
> standard form language but was added at the discretion of the parties 
> and written in to the contract by the buyer’s agent, is binding 
> despite the contingencies. Items (1) and (2) seem to directly 
> contradict the inspection contingency and the ambiguity ought to be 
> construed against the buyer, since they prepared the forms; and the 
> added language ought to control over the standard contract provisions.
>
> Am I missing something? It seems like the buyer’s agent might have 
> made a major blunder here. Any thoughts are welcome.
>
> Yours, in gratitude,
>
> Anthony
>
> -- 
>
> Anthony F. Gibbs, Esq.
>
> Sounder Law PLLC
>
> (206) 734-4374 [P]
>
> (206) 212-7825 [F]
>
> anthony at sounderlaw.com <mailto:anthony at sounderlaw.com>
>
> sounderlaw.com
>
> 22014 7^th  Ave South, Suite 106
>
> Des Moines, WA 98198
>
> 15600 Redmond Way, Suite 101
>
> Redmond, WA 98052
>
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>
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>
>
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