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HOGGATT v. FLORES

No. 63861-1-I.

218 P.3d 244 (2009)

Bradley C. HOGGATT and Connie Hoggatt, husband and wife, and their marital community, Respondents, v. Luis A. FLORES, a married man as his separate capacity, Appellant.

Court of Appeals of Washington, Division 1.

October 26, 2009.

Attorney(s) appearing for the Case

Ben Shafton, Attorney at Law, Vancouver, WA, for Appellant.

Micheal James Imboden, Jr., Crandall O'Neill McReary & Imboden PS, Longview, WA, for Respondents.

BECKER, J.

¶ 1 When an owner of property subdivides it illegally and sells a parcel, both seller and purchaser have a statutory duty to conform the property to the subdivision laws. The aggrieved purchaser may elect either to rescind or to recover damages, but when the purchaser obstructs the seller's efforts to conform the property by insisting on conditions not required by law, a trial court does not err by entering...

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