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TORGERSON v. ONE LINCOLN TOWER, LLC

No. 80623-3.

210 P.3d 318 (2009)

Joanne Faye TORGERSON, as trustee for the Torgerson Family Trust, Petitioner, v. ONE LINCOLN TOWER, LLC, a Delaware limited liability company; Bellevue Master, LLC, a Delaware limited liability company; LS Holdings, LLC, a Washington limited liability company, Respondents. Michael Miller and Vicki Ringer, both individuals, Petitioners, v. One Lincoln Tower, LLC, a Delaware limited liability company; Bellevue Master, LLC, a Delaware limited liability company; LS Holdings, LLC, a Washington limited liability company, Respondents.

Supreme Court of Washington, En Banc.

Decided June 25, 2009.

Attorney(s) appearing for the Case

Dennis John McGlothin, Olympic Law Group PLLP, Seattle, WA, for Petitioners.

David A. Nold, Brian Michael Muchinsky, Nold & Associates PLLC, Bellevue, WA, for Respondents.

Scott Emmett Hildebrand, Attorney at Law, Bellevue, WA, Amicus Curiae on behalf of Master Builders Association.

SANDERS, J.

¶ 1 We are asked to determine whether a real estate contract can limit buyers' remedies for breach to the return of their deposits and certain money spent on improving the property. Petitioners are licensed real estate agents for a condominium development who also bought residential units there. As condominium buyers, the agents want the court to strike down a contract clause that limited their remedies in case of sellers' breach to the return of...

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