[WSBARP] Landlord Tenant Act apply to defective sale

[Eric Nelsen]

I saw Roger Moss's post recommending a negotiated fix to this situation, and I heartily agree if the buyer/tenant will cooperate.

That said, some thoughts on the contractual situation. Was the buyer living in the house before the contract was signed, or did buyer move in at the time of signing? If buyer was paying rent before, there might be an underlying rental agreement you could use. Client really needs to figure out the goal, though. Would client prefer to (A) get the contract fixed up into a proper real estate installment contract so it can be regularly enforced, or (B) declare it breached/ineffective/unenforceable and terminate it, coupled with a demand for rent sufficient to get toward completing an unlawful detainer to get him out.

The contract probably is not specifically enforceable because 3 paragraphs isn't likely to include all the necessary elements of a REPSA. Doctrine of part performance might help the buyer, though, but I can't tell without more facts. With the buyer occupying the house, the seller is at a disadvantage, so a negotiated solution might be cheapest.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Thursday, August 08, 2019 12:09 PM
To: wsbar
Subject: [WSBARP] Landlord Tenant Act apply to defective sale

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]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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