Paul L. Blanton and Cynthia D. Blue-Blanton - Page 12

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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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