[WSBARP] Real Estate Contract and Ownership

[Scott Hildebrand]

In Washington, we hardly ever deal with these things, so I thought I would
throw it out to the group.

 

I have a client who is trying to buy a house from someone who is the heir of
the owner who gave a real estate contract to the current purported owner of
the property.

The purported owner has recorded no deed, but has recorded a real estate
contract which includes phrasing that, upon completion of the payments, the
buyer will receive a fulfillment deed.

Apparently, something has gone wrong and the party granting a real estate
contract wants to renig and sell to my client. They are arguing that the
purported owner does not hold title because he never recorded a deed.

I recall, from those many years ago, that a real estate contract or a
"contract for deed" gives all the trappings of ownership to the buyer, they
just do not get a deed until their obligations are fulfilled, correct?

So the question is, can I file a quiet title action to establish ownership
in the party granting the real estate contract. Methinks the answer is
no..no??

 

Thanks in advance,

Scott Hildebrand

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