[WSBARP] Estoppel Certificates - Who Benefits?

[Rob Rowley]

Assume Washington state long-term commercial lease which is triple net.
Same landlord and same tenant for many decades.  Landlord inadvertently
pays the county real property taxes for many decades thinking that he had
to pay the taxes and not the tenant.  Didn't pay close attention to the
lease terms.



Landlord sells property to new landlord (subject to long-term lease) who
requires estoppel certificate from long-term tenant.  Estoppel certificate
states in part that “the tenant is not in default in the performance of the
lease, and no notice of default has been given to tenant." Only signed by
the tenant.



Sale successfully closes and a few weeks after closing Landlord realizes
that he should have never been paying the real property taxes for all these
decades.  Landlord sends written demand to former tenant demanding
reimbursement of the real property taxes which were otherwise legally due
under the triple net lease.



Mega law firm for former Fortune 100 tenant denies claim citing the
estoppel certificate and the above cited provision.  Also, raising
estoppel, waiver and latches.



Obviously we're looking at six-year statute of limitations on the real
property taxes (and waiver/laches) but want to hear from those who are far
smarter than I.



Thank you.



Rober*t R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com



Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.



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