Purchase and Sale Agreements - Posted by Hannah

Posted by John Merchant on March 12, 2008 at 09:08:40:

Since WA is a community prooperty state, any written and signed agreement from either spouse does (contractually) bind the other spouse.

So I’d wait until your Divorce is final, and if I were the Seller I probably wouldn’t deal with you at all without having both of you sign, plus taking a nice earnest money deposit to keep you interested and committed.

However it’s well known that a P is rarely sued for default on a P&S Agreement as it’s just not worth the S’s paying atty fees for same, so you and your H would not be likely be sued for walking out after you did sign.

But if you did buy, then try to sell, the title co. might throw a monkey-wrench into the gears and demand your H also sign…so I’d check this with a title co. before you spend any $$$ on this property.

Purchase and Sale Agreements - Posted by Hannah

Posted by Hannah on March 09, 2008 at 20:26:09:

I live in the state of Washington and it’s a 50/50 community property state. I am in the middle of a separation (not legally) from my spouse and want to put an offer on a property. Does he ‘have to’ sign the P&S agreement since we are married? I have been told that he does not, and that I can just sign it with alone. Is this true?? If so, what type of jargon do I use? BUYER: Hannah (Hubby has no interest in property)??? Thanks folks