[WSBARP] Mobile Home - Buyer wants to let seller stay

[HOWARD HERMAN]

It is hard for both parties to have their cake and eat it too. Perhaps the way to give each a bite would be for the old man to sell and then with the consent of the purchaser the old man stays on the

property with no rent and no termination date agreed upon. This would make the old man a tenant at will. This gives the purchaser the right to demand possession at any time, giving the old man a

reasonable time to move. At the time the purchaser makes demand for possession, if the old man thinks the purchaser has gone back on his word or thinks it is unfair, he has an option. Since there

is no landlord/tenant relationship, the purchaser would have to bring an action in ejectment. At that point, the old man agrees to leave for the cost of bringing the ejectment action. Of course, the

old man has no present intent to refuse to leave when asked, but it does sort of make a level playing field at that time. (See Turner v. White, 20 Wn.App. 290, 579 P.2d 410 (Wash.App. Div. 3 1978)

Najewitz v. Seattle, 21 Wash.2d 656 (1944)

 

Of  course, if you are representing both parties, well then…..

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Stewart Feil
Sent: Thursday, October 6, 2016 3:30 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Mobile Home - Buyer wants to let seller stay

 

Hi list-mates,

 

I have an issue surrounding a mobile home and real estate transaction. Seller is old and it would be a hardship to move. Buyer wants to let seller stay on the property in the MH, but does not want to give a life estate. Buyer wants to make sure to have power to evict if necessary. MH is not in the greatest condition. Buyer does not want to incur an obligation to renovate or repair.

 

We were thinking about a lease back at even $1.00 per month would give Buyer the advantage of immediate access and control to the surrounding real estate, avoid the life estate problem, and still offer an affordable opportunity for Seller to remain on the premises. But that subjects Buyer to LL/T rules.

 

I’m looking for suggestions for the best way to keep Seller in the house, preserve Buyer’s rights to the property (including eviction if necessary), and avoid Buyer having to incur a lot of expenses to repair a MH that will probably be leveled and removed once Seller dies or leaves.

 

Any suggestions?

 

-- 

 

Warm regards,

 

Stewart Feil

Hanigan Law Office, PS

PO Box 39 - 68 Main Street

Cathlamet, WA 98612

(360) 795-3494

(360) 795-3001 (f)

 

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