[WSBARP] Research guidance requested

[K. Garl Long]

Make that Seller's agent...

On 11/17/20 9:36 PM, K. Garl Long wrote:
>
> 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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