A buyer's broker in Seattle is presenting an offer on behalf of her client. The offer includes a personal property addendum listing the refrigerator, washer, dryer, and a mounted flat-screen television as items to be included in the sale. The seller accepts the offer but later claims the television is not included because it is 'personal property.' Under Washington law, how is this dispute most accurately resolved?
Correct Answer
B) The television goes to the buyer because it was specifically listed and agreed upon in the written Purchase and Sale Agreement
In Washington, the Purchase and Sale Agreement controls the disposition of both real and personal property when the parties have expressly agreed in writing. Even if the television might otherwise be considered personal property, the parties explicitly listed it in a signed addendum to the PSA. Written contract terms supersede general classification rules. The buyer is entitled to the television as specified in the executed agreement.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Offer and acceptance is the process by which one party proposes specific terms for a contract and the other party agrees to those exact terms, creating mutual assent. This mutual agreement, also called a meeting of the minds, is an essential element of every valid contract.
An option contract gives one party the exclusive right, but not the obligation, to purchase or lease a property at a specified price within a specified time period. The buyer pays option consideration to keep the option open.
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
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