[WSBARP] In Property Dispute what controls

[Stromberg, Spencer]

Generally speaking, the Purchase and Sale Agreement merges into the Deed, so any terms not explicitly called out to survive closing are subsumed by the terms of the Deed. To the extent the Deed does not conform to the PSA, the conflict is waived under most circumstances.


Spencer A. W. Stromberg
Director
601 W Riverside Ave, Suite 710, Spokane, WA 99201
T:509.455.3713 | F: 509.455.3718
sstromberg at fennemorelaw.com
Washington, Idaho




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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Monday, August 24, 2026 9:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] In Property Dispute what controls

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________________________________
Greetings My Real Property Colleagues -

I have a probate where the Executor and their real estate agent did not loop me in prior to closing on a home sale through probate. Things are not as I would have done them - but before making a mountain out of nothing, I am hoping there is a simple answer to this question.

If there is a dispute over the sale is there a priority over which document controls - the Deed or the Purchase and Sale Agreement?

Thank you!
Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

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