Question

On-line research Sollars v. City of Milwaukee, Oregon appellate case. What are the exact words in the real estate contract that led to the court's decision that the BUYER (not the heirs of the seller) obtained title to money found in the home after it was purchased? What rule of contract construction was used to make this legal analysis?

Answer 1

In the Sollars v. City of Milwaukie, Oregon appellate case, the exact words in the contract that led to the court’s decision that the real estate buyer and not the heir of the seller, obtained the title to the money found in the house after it was purchased were, “ POSSESION: ESTATE OF HELENE VALOFF shall remove all personal property (including trash and debris) that is not a part of this transaction and deliver possession of the Property to HELEN SOLLARS, aka Helen Kelly, by 5:00 p.m. on the closing date."

The objective theory of contracts rule was used to make this legal analysis. The objective theory of contracts states that the existence of contract doesn’t depend on the un-communicated, subjective understanding between the parties, but it depends on the objective manifestations of the intent of the parties to agree to the same express terms mentioned in the contract. Here, the sale agreement had a provision mentioning removal of all personal property unambiguously mentioned, and hence it will include the money found within the property.