[WSBARP] Landlord Tenant Act apply to defective sale

Thu Aug 8 14:21:22 PDT 2019

Ok, this may not be a very PC answer (and I fully expect to get publicly flogged) but you might want to politely threaten the buyer with a parade of horrible and expensive things.  After that sinks in, then generously come up with the “creative solution” that the seller might be willing to pay the buyer $500 to move and “we’ll forget this whole thing happened.”  In other words, pay ‘em to move.  Cash for keys.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, August 8, 2019 1:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale

Thanks all.
  This is a very low income tenant/purchaser who has turned an old  run down mobile home into something that may have a negative value. IT is an eye-sore.  With only 2 payments all year the tenant/buyer is $2400 behind. The owner lives in another city and appears to be a low income senior citizen.
The client’s goal is to 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.

But is the consensus that a 90 day notice of intent to forfeit such a poorly drafted contract required?.
The language is “Client agrees to sell to “named party” premises described by address and a tax parcel number for $40,000 with payments at $400 per month”.  It might be a option to purchase or a P&S?? The only other thing it calls for tenant/purchaser to pay property taxes, home owners insurance (which never happened), and utilities which are paid up to city.
I am just trying to figure out if there is an inexpensive way out.
There is no legal description, just an address and a tax parcel number  .
As I re-examine it, the “purchaser’s” signature is notarized but the seller did not sign the document (although he had a handwritten separate document with similar terms that he signed).

Thanks
Josh

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

From: Eric Nelsen<mailto:Eric at sayrelawoffices.com>
Sent: Thursday, August 08, 2019 1:16 PM
To: wsbar<mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale

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> [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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