[WSBARP] Commercial Real Estate Purchase Contract

[Jimmy Garg]

Question: Based on the following provisions, where consequential damages are not available to either party, the only real difference between the two provisions is the 60 day limitation to bring suit in option A, and the buyer's right to just terminate the agreement in Option A?  What other rights or remedies could be available under Option B, part (c), if consequential damages are not available? Thanks.
Default provisions:
Option A:

As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money
or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase
price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided,
however, Buyer must file suit within sixty (60) days from the scheduled date of closing or from the date
Seller has informed Buyer in writing that Seller will not proceed with closing, whichever is earlier;
Option B:
Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to
specifically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or
remedies available at law or equity.
Additional provision:
Neither Buyer nor Seller may recover consequential damages such as lost profits.


Jimmy Garg, Esq.
Jimmy Garg, PLLC
300 Lenora Street # 1063
Seattle, WA 98121
206-580-3790 (p) 206-736-3218 (f)
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