ALMANZA v. BOWEN

No. 63153-5-I.

230 P.3d 177 (2010)

155 Wash.App. 16

Joel N. ALMANZA and Cherae D. Almanza, husband and wife, Respondents, v. Jay R. BOWEN and Cindy Bowen, husband and wife; Appellants. Kenneth N. Cuthbert, Jr., and Dana D. Cuthbert, husband and wife; Kenneth Cuthbert & Jay Bowen, LLC, a Washington limited liability company, Defendants.

Court of Appeals of Washington, Division 1.

Publication Ordered March 26, 2010.


Attorney(s) appearing for the Case

Joseph D. Bowen, Attorney at Law PS, Mount Vernon, WA, for Appellants.

Gregory L. Gilday, Cole & Cole, Stanwood, WA, for Respondents.


BECKER, J.

¶ 1 Joel and Cherae Almanza agreed to buy a home from Jay and Cindy Bowen. The Almanzas decided to back out before the sale closed and sued to recover their earnest money. By statute, prospective buyers who have not received a disclosure statement have the right to rescind their offer. The Bowens did not provide a disclosure statement. They argue the statute does not apply to buyers who rescind for reasons unrelated to the absence of disclosure. We...

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