Comments on: Legal Description, Revisited http://raincityguide.com/2006/07/17/legal-description-revisited/ Seattle's Leading Resource for Real Estate Information Sat, 21 Nov 2009 06:01:18 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: When real estate agents practice law… | Rain City Guide | A Seattle Real Estate Blog... http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-55588 When real estate agents practice law… | Rain City Guide | A Seattle Real Estate Blog... Fri, 29 Dec 2006 18:04:59 +0000 http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-55588 [...] Unfortunately, the seller took the listing agent’s counsel and proceeded to rescind the “counteroffer” and sign the second offer.  The first buyer promptly hired an attorney, who promptly threatened legal action.  The buyer’s attorney reasoned that, when the seller signed the offer, there was mutual acceptance of the terms of the offer, and thus a contract was created.  The contract contained a tax parcel number, thus satisfying the requirement for a legal description.  Moreover, to be enforceable, a contract requires either a specific price or a mechanism by which a specific price can be determined.  Because the offer contained an escalation clause, it probably satisfied this legal requirement as well.  This attorney’s reasoning was sound and the seller had a significant legal problem as a result of selling the same house twice. [...] [...] Unfortunately, the seller took the listing agent’s counsel and proceeded to rescind the “counteroffer” and sign the second offer.  The first buyer promptly hired an attorney, who promptly threatened legal action.  The buyer’s attorney reasoned that, when the seller signed the offer, there was mutual acceptance of the terms of the offer, and thus a contract was created.  The contract contained a tax parcel number, thus satisfying the requirement for a legal description.  Moreover, to be enforceable, a contract requires either a specific price or a mechanism by which a specific price can be determined.  Because the offer contained an escalation clause, it probably satisfied this legal requirement as well.  This attorney’s reasoning was sound and the seller had a significant legal problem as a result of selling the same house twice. [...]

]]> By: The Landlord http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-10022 The Landlord Tue, 18 Jul 2006 03:33:06 +0000 http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-10022 Thanks for the outstanding advice Craig. As a buyer of property I'll have to ensure that I get a legal description in every transaction that I complete in the future. Thanks for the outstanding advice Craig. As a buyer of property I’ll have to ensure that I get a legal description in every transaction that I complete in the future.

]]> By: Russ Cofano http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-10004 Russ Cofano Mon, 17 Jul 2006 18:04:50 +0000 http://raincityguide.com/2006/07/17/legal-description-revisited/#comment-10004 Craig Great post. I educate a lot of brokers/agents on the requirements of filing out forms. I think you have posted before on the duties of a licensee that was defined by the Heritage House case. Completion of a purchase and sale agreement for a third party client IS the practice of law. However, Heritage House made that legal for licensees in the context of providing brokerage services. A key point that I make in my seminars is that the standard of care that licensees will be held to is the standard applied to practicing attorneys...essentially folks like you and me. I know that you and I (and most competent real estate attorneys)would never complete a purchase and sale agreement without an accurate full legal description. Notwithstanding the case you cite, if a licensee's client is forced into litigation to prove that the tax parcel number is sufficient to meet the statute of frauds, client's lawyer will certainly argue that the licensee was negligent by not incorporating a full legal. Since in most cases getting a copy of the last deed is so simple, I believe that licensees should always strive for this and resort to tax parcel numbers only in the most extreme of cases. Russ Craig

Great post. I educate a lot of brokers/agents on the requirements of filing out forms. I think you have posted before on the duties of a licensee that was defined by the Heritage House case. Completion of a purchase and sale agreement for a third party client IS the practice of law. However, Heritage House made that legal for licensees in the context of providing brokerage services. A key point that I make in my seminars is that the standard of care that licensees will be held to is the standard applied to practicing attorneys…essentially folks like you and me.

I know that you and I (and most competent real estate attorneys)would never complete a purchase and sale agreement without an accurate full legal description. Notwithstanding the case you cite, if a licensee’s client is forced into litigation to prove that the tax parcel number is sufficient to meet the statute of frauds, client’s lawyer will certainly argue that the licensee was negligent by not incorporating a full legal. Since in most cases getting a copy of the last deed is so simple, I believe that licensees should always strive for this and resort to tax parcel numbers only in the most extreme of cases.

Russ

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