[WSBARP] Client with property right claim

[Kary Krismer]

I think if he is living in the house there would be a good claim of inquiry notice for any buyer, assuming they view the property, and the bank’s appraiser, assuming not a cash sale.  Basically with your client in possession of the house no one is going to be a BFP.  I would suggest sending a letter to the broker and brokerage advising them of that fact and demanding that they terminate the listing.  They presumably would be on the hook for the buyer’s agent’s commission, and probably don’t want any part of that mess.

Note you have little time to act.  Ignoring the fact that the house will be difficult to show when your client living in it, the median time on market before getting an accepted offer is about 7 days in King County.

Kary L. Krismer
John L. Scott/KMS Renton
206 723-2148

From: Scott Hildebrand
Sent: Wednesday, July 5, 2017 9:21 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Client with property right claim

All
I have an interesting situation here-
Client’s parents sold property to client and his sister some years ago.
The sister’s name is the only one on title because of various and sundry personal reasons.
Over the years, my guy has paid a portion of the mortgage to his sister and served as property manager they rented the property). He even took the tax deduction for the mortgage interest.
He moved into the house without telling his sister until after the fact.
He filed an affidavit on title asserting his ownership and has since been negotiating to buy the house. They have not come to terms.
The sister has listed the property.
Do I need to file something more than an affidavit? Should I get an injunction? Quiet title? Partition?

Thanks so much for your guidance.

Best,
Scott Hildebrand

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