-12- 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 BankruptcyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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