[WSBAPT] Misrepresentation in real estate sale

[Jennifer Sohn]

Hi, I am not sure if this is the right forum to post this, but I frequently
come across real estate dispute issues and here is one. One of my clients
sold an apartment building recently, with an ongoing eviction proceeding
for 1 tenant (which was disclosed to the buyer). The purchase and sale
agreement was a standard form agreement with seller representations that
all material facts about the property has been disclosed (with ongoing duty
to disclose until closing). But, the client settled with the tenant and
agreed to re-instate her (which was not disclosed to the buyer). After
closing, the buyer had to go through an eviction proceeding to kick out the
tenant because she wasn't paying rent. The tenant paid 1 month's rent and
then stopped paying. So, the buyer is claiming all attorneys' fees, rents
that would have been due plus late fees, and additional billable time for
management company, etc.

Just as a matter of discussion, is the buyer always entitled these costs
post-closing in this type of situation? For example, if the tenant stopped
paying 1 year after closing versus just 2 months after closing, I would
think that would make a difference.

Any thoughts would be appreciated.

Thanks.

-- 

Best regards,



Jennifer Y. Sohn

Attorney at Law

(Licensed in CA and WA)

Sohn Law PLLC

10900 NE 4th Street, Suite 1850

Bellevue, WA 98004

Tel: 425.522.3861

Fax: 425.732.9748

Email: jennifer at sohn-law.com

http://www.sohn-law.com



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