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risk of loss. Voorde Poorte v. Evans, 832 P.2d 105 (Wash. Ct.
App. 1992) (contention that the risk of loss follows possession
has a certain equitable appeal but is against the weight of
authority).
e. Whether Petitioners Were Obligated To Pay Taxes,
Assessments, and Charges
Hagan, not petitioners, paid the property taxes on the W.
22d property before settlement. Petitioners do not contend that
they were obligated to pay taxes, assessments, and charges for
the W. 22d property.
f. Whether Petitioners Had the Right To Improve the
Property Without the Seller's Consent
The agreement is silent as to whether petitioners had the
right to improve the W. 22d property without Hagan's consent. Mr.
Blanton testified that petitioners had the right to and did
improve the property in 1989. We accept Mr. Blanton's testimony
on this point. However, petitioners spent far less to improve
the house in 1989 than in 1990 and later. It appears that they
made urgent repairs needed to inhabit the house but delayed
anything more until 1990. On this record, it is unclear whether
petitioners had an unlimited right to improve the W. 22d property
in 1989.
g. Whether Petitioners Had the Right To Obtain Legal
Title Any Time by Paying the Balance of the
Purchase Price
Petitioners did not have the right to obtain legal title to
the Spokane property at any time before settlement on January 31,
1990. Hagan could not pass clear title until the Bankruptcy
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