[WSBARP] Seller dispute earnest money over damage caused by buyer's inspector

[Craig Blackmon]

Eric, by my analysis, yes. The failure to repair the damage is itself a
breach of the contract. Upon breach, seller's sole remedy is retention of
the earnest money. If the earnest money exceeds the cost of repair, you
might have an issue. But this certainly seems like a claim that is
arguable, to say the least.

Craig
Craig Blackmon, Attorney at Law
<https://www.mywsba.org/PersonifyEbusiness/LegalDirectory/LegalProfile.aspx?Usr_ID=000000029240>
92 Lenora St. #13, Seattle WA  98121
Office/Cell: (206) 369-5949
On the blog: Changes to Title and the QCD
<https://seattlepropertylawyer.com/blog/quitclaim-deed-explained>
<https://seattlepropertylawyer.com/>    <https://www.fsbolawyers.org/>
CONFIDENTIALITY NOTICE: This communication is a private, confidential
electronic communication encompassed by 18 USC 2510. It is for the sole use
of the intended recipient and receipt by anyone other than the intended
recipient does not constitute a loss of its confidential or privileged
nature.  Any review or distribution by others is strictly prohibited. If
you are not the intended recipient please inform the sender and destroy all
copies.


On Wed, Aug 6, 2025 at 12:04 PM Eric Nelsen <eric at sayrelawoffices.com>
wrote:

> Colleagues—
>
>
>
> Does the standard NWMLS Form 21 allow a Seller to dispute return of
> earnest money, if the Buyer’s inspector causes damage to the property and
> then Buyer terminates the deal?
>
>
>
> The Form 35 makes clear that the Buyer is responsible for all damage
> caused by inspection. BUT the contingency also expressly states that if
> it’s a valid termination under the contingency, the EM goes back to the
> Buyer.
>
>
>
> Is Seller’s remedy for the damage limited to a separate lawsuit, or can
> Seller argue that the EM must be used to pay for the damage?
>
>
>
> Sincerely,
>
>
>
> Eric
>
>
>
> Eric C. Nelsen
>
> Sayre Law Offices, PLLC
>
> 1417 31st Ave South
>
> Seattle WA 98144-3909
>
> 206-625-0092
>
> eric at sayrelawoffices.com
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20250806/0d379e00/attachment.html>