We do not reach appellants' second assignment of error regarding the FED judgment. Appellants next assign error to a number of rulings and findings that the trial court made in denying their claim for specific performance. We address those assignments together. We must determine whether appellants exercised the option agreement, and, if so, whether they now have a cognizable interest in the property that either entitles them to specific performance or that must be foreclosed. We review de novo .
Appellants contend that they exercised their option under the agreement.
The trial court held that appellants exercised the option either through the February earnest money agreement or the May 1 letter. Immediate payment is not what the agreement requires for exercise of the option. The agreement clearly states that the option is exercised by giving written notice. Both the sale agreement and payment were to follow that notice. On our review, we agree with the trial court that, even if appellants did not exercise the option in the February earnest money agreement, they did so by written notice on May 1.