[WSBARP] option formalities

[Roger Hawkes]

Thanks, Eric.  I believe the holding in the Phillipp case is as you state; although the case is more complex than that.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Tuesday, April 13, 2021 12:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] option formalities

For specific performance, a complete legal description is definitely required. So far as I know, notary acknowledgment is not required at all for an option to purchase; an option is simply a contract and does not actually affect real estate. If some title effect is intended I suppose the grantor's signature should be acknowledged, but that's not an essential component of an option.

WSBA Real Property Deskbook Vols 1&2, Ch. 17.10, agrees and cites Phillipp v. Curtis, 35 Wn.2d 844, 215 P.2d 431 (1950), which I haven't read.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Roger Hawkes
Sent: Tuesday, April 13, 2021 11:52 AM
To: Real Property Listserve <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] option formalities

Is it true that an option to buy land in Washington requires an acknowledgement of both buyer and seller signatures?  And a specific enough description, like a deed would require?

Roger Hawkes, WSBA # 5173                                                   [cid:image001.jpg at 01D73060.2F495E10]
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                                Shoreline, WA 98155
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Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>

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