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

[NC]

Would not represent both parties on this. One other issue arises
if ownership in the mobile home is transferred and the relationship becomes
a rental agreement. The elderly person looses rights. The manufactured
housing statutes grant more rights to the owner of the home due to the
recognition that it is harder to move the home compared to just moving
occupancy. This assumes that the elderly person rents the space for the
home. If its a coop or something other, the act does not apply. Compare the
two acts and be ready to explain the differences so that the current owner
will not get short changed. Some remainder interest in the personality is a
stronger position. There is a great CLE at the KCBA volunteer web training
seminar site. It is put on by the housing justice project. Good Luck

On Thu, Oct 6, 2016 at 11:16 PM, HOWARD HERMAN <hhherman2 at comcast.net>
wrote:

> 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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