[WSBARP] Landlord Tenant Act apply to defective sale

[scott at scottgthomaslaw.com]

I think Roger has a good point.  I took on a case like this a couple of years ago on a pro bono basis, except I was representing the tenant.  The case went to trial, and at the end the judge made it known how very unhappy he was trying to sort through the conflicted mess.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Moss
Sent: Thursday, August 8, 2019 12:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale

 

Sure - this is a situation which should be addressed immediately in an informal mediated conversation. The message is “our deal isn’t working, let’s fix it without UD’s and the like.” 

 

Please note I am not recommending a JAMs style process. Client with your help should formulate the solution they want, and engage mediator to convey message to buyer/tenant/occupant. That might include some kind of instrument pre-signed by your client to make it easier for the other side to accept. You skip steps and save time doing that, while creating the maximum opportunity for a positive result.

 

If they respond favorably, then you can wrap up things quickly and cheaply. If they blow off mediator or otherwise respond unfavorably, you will learn some valuable things that will inform next steps.

 

Earlier today Annie Fitzsimmons posted a question that triggered a similar thought for me. The use of mediated techniques rapidly, surgically, in creative ways is a hugely valuable and yet underutilized tool.


Roger A. Moss, Esq. 

Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com <http://www.pacific-ci.com> 

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On Aug 8, 2019, at 12:08 PM, Josh Grant <jgrant at accima.com <mailto:jgrant at accima.com> > wrote:

 

Client entered into a home-made “contract” to sell residence for $40,000.  Nothing was ever recorded. No REET paid. Only 2 $400 per month payments made so far in 2019.  “Contract” is about 3 paragraphs long, but was signed and notarized.  “If the payment is missed for 3 consecutive months the property will be repossessed by [seller]”...

Client wants to consider it a rent to own agreement notwithstanding rent is never mentioned and give a 14 day notice to pay rent or vacate and then file unlawful detainer action under the landlord tenant act.

any thoughts?

Joshua F. Grant
<advocates[1].png>
P. O. Box 619
Wilbur, WA 99185
509 647 5578

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