[WSBARP] Landlord Tenant Act apply to defective sale

Thu Aug 8 16:51:01 PDT 2019

I agree with everything seen today and say again - do it under the cover of a mediated conversation. Bribes and threats in particular, yet it is amazing how they can be avoided by a sophisticated mediator who leads with compassion.

There is a program in California (disclosure-I designed and manage it from the Puget Sound) that deals with clusters like this involving vulnerable people who most likely suffer from behavioral health problems including addiction. Last year we posted a 99.1% positive settlement rate in 506 cases, up from only 95% the previous two years.

Roger A. Moss, Esq. 
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com

Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone. 

> On Aug 8, 2019, at 3:29 PM, Josh Grant <jgrant at accima.com> wrote:
> 
> Yes, I agree and have had good luck when I can talk landlords into that.  Particularly here with such a goofy document.
>  
> Joshua F. Grant
> <advocates[3].png>
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
>  
> From: Eric Nelsen <mailto:Eric at sayrelawoffices.com>
> Sent: Thursday, August 08, 2019 2:59 PM
> To: WSBA Real Property Listserv <mailto:wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
>  
> I think Paul's suggestion is the most effective. The headache of removing someone in possession is so much more expensive and time-consuming then a simple and entirely legal "bribe."
>  
> 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 <mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Paul Neumiller
> Sent: Thursday, August 08, 2019 2:21 PM
> To: WSBA Real Property Listserv
> Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
>  
> 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.
>  
>  
> <image001.jpg> <>
>  
> IMPORTANT NOTICE:  This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
>  
> E-mail communication on the Internet may NOT be secure. There is a risk that this confidential communication may be intercepted illegally. There may also be a risk of waiving attorney-client and/or work-product privileges that may attach to this communication. DO NOT forward this message to a third party. If you have any questions regarding this notice, please contact the sender.
>  
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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
> <image003.png>
> 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 <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
> <image003.png>
> P. O. Box 619
> Wilbur, WA 99185
> 509 647 5578
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> 
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
> 
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> 
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> 
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190808/97468508/attachment.html>