[WSBARP] WSBARP Digest, Vol 59, Issue 6
Josh Grant
jgrant at accima.com
Mon Aug 12 11:12:23 PDT 2019
Steve, I like all your suggestions. I am wondering, however, if it is necessary to file the contract which would require payment of the REET? If we filed a notice to forfeit an not recorded contract and 90 days later a forfeiture, wouldn’t that clear the title back to the seller? Oh, and nothing was paid except the 2 $400 payments and no improvements were made.
Josh
Joshua F. Grant
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Stephen Whitehouse
Sent: Friday, August 09, 2019 2:51 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 59, Issue 6
Joshua,
Without seeing the contract, while it may well be invalid for different reasons, usually estoppel can get around that, although you only mention what occurred in 2019, and not earlier. There may not be enough part performance.There are other elements to estoppel as well. Were there substantial improvements made?
A simple answer could be to record the thing, file the REET, and then forfeit the contact(recording is a prerequisite). Not doing that may create some ethical issues since, as lawyers, we are obligated to see that they get filed and the excise tax paid, when appropriate.
The other option is to bring a quiet title/ejectment action.
I would disregard what the client "wants" to call the thing. So far, your client's judgment does seem to be very good. Eventually you will need to explain what you are doing to a judge.
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request <wsbarp-request at lists.wsbarppt.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Fri, Aug 9, 2019 12:00 pm
Subject: WSBARP Digest, Vol 59, Issue 6
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Today's Topics:
1. Landlord Tenant Act apply to defective sale (Josh Grant)
2. Re: Landlord Tenant Act apply to defective sale (Roger Moss)
3. Re: Landlord Tenant Act apply to defective sale
(scott at scottgthomaslaw.com)
4. Re: Landlord Tenant Act apply to defective sale (Paul Neumiller)
5. Re: Landlord Tenant Act apply to defective sale (Eric Nelsen)
6. Looking for a Sample Non-Disclosure Agreement (Dave Culbertson)
7. Re: Landlord Tenant Act apply to defective sale (Josh Grant)
8. Re: Landlord Tenant Act apply to defective sale (Paul Neumiller)
9. Re: Landlord Tenant Act apply to defective sale (Eric Nelsen)
10. Re: Landlord Tenant Act apply to defective sale
(scott at scottgthomaslaw.com)
11. Re: Landlord Tenant Act apply to defective sale (Josh Grant)
12. Re: Landlord Tenant Act apply to defective sale (Roger Moss)
13. Re: SAFE Act - Seller Financing (Randy Boyer)
----------------------------------------------------------------------
Message: 1
Date: Thu, 8 Aug 2019 12:08:39 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "wsbar" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <008A6E8114BF47C6876F99545BE66978 at JoshPC>
Content-Type: text/plain; charset="utf-8"
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
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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Message: 2
Date: Thu, 8 Aug 2019 12:48:45 -0700
From: Roger Moss <ram at pacific-ci.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <13D452EE-0FB8-4238-B836-0D8763F37B08 at pacific-ci.com>
Content-Type: text/plain; charset="utf-8"
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
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 12:08 PM, Josh Grant <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
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 3
Date: Thu, 8 Aug 2019 13:01:48 -0700
From: <scott at scottgthomaslaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <027c01d54e24$1d945ff0$58bd1fd0$@scottgthomaslaw.com>
Content-Type: text/plain; charset="utf-8"
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>
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 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
***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.***
_______________________________________________
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Message: 4
Date: Thu, 8 Aug 2019 20:08:35 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID:
<CY4PR11MB159224980D3AE2236F11854ED2D70 at CY4PR11MB1592.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
If the ?buyer? came to me after the ?seller? attempted to evict the buyer, I would argue in court that the contract is clearly a purchase agreement and not a lease so the seller would have to use the foreclosure procedures and not the unlawful detainer procedures.
[Paul A Neumiller]
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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, August 8, 2019 12:09 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
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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Message: 5
Date: Thu, 8 Aug 2019 20:16:20 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID:
<57DC2058F333E340877E5517111277840101C3AC at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="utf-8"
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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Message: 6
Date: Thu, 8 Aug 2019 20:18:11 +0000
From: Dave Culbertson <dculbertson at culbertsonlawoffice.com>
To: "solo-and-small-practice-section at list.wsba.org"
<solo-and-small-practice-section at list.wsba.org>,
"creditor-debtor-section at list.wsba.org"
<creditor-debtor-section at list.wsba.org>, "wsbapt at lists.wsbarppt.com"
<wsbapt at lists.wsbarppt.com>, "wsbarp at lists.wsbarppt.com"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Looking for a Sample Non-Disclosure Agreement
Message-ID: <0c404f5da70046db94ac3e853435eee2 at S05-MBX02-15.S05.local>
Content-Type: text/plain; charset="us-ascii"
Hello, Listmates.
I'm working with a business that needs to interview a potential employee. They want to discuss their future plans, current practices, etc. with the potential employee in order to see whether it's a fit. But obviously they'd like to keep their business information confidential. Would anyone have a model "Non-Disclosure Agreements" I could look at to help draft the agreement?
Thanks.
Best Regards,
Dave Culbertson
The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102
Office Line: (425) 252-0300
Cell: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>
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Message: 7
Date: Thu, 8 Aug 2019 13:53:33 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <202962DA428049CC815C844F18706E41 at JoshPC>
Content-Type: text/plain; charset="utf-8"
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
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Eric Nelsen
Sent: Thursday, August 08, 2019 1:16 PM
To: wsbar
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] 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
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
http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 8
Date: Thu, 8 Aug 2019 21:21:22 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID:
<CY4PR11MB159286BA84257B3634442EA5D2D70 at CY4PR11MB1592.namprd11.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
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.
[cid:image002.jpg at 01D54DF3.AA12FB20]
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 <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
________________________________
***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
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------------------------------
Message: 9
Date: Thu, 8 Aug 2019 21:59:52 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID:
<57DC2058F333E340877E5517111277840101C496 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="utf-8"
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] 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.
[cid:image001.jpg at 01D54DF9.ED9491F0]
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
[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
________________________________
***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
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------------------------------
Message: 10
Date: Thu, 8 Aug 2019 15:25:59 -0700
From: <scott at scottgthomaslaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <036601d54e38$42195830$c64c0890$@scottgthomaslaw.com>
Content-Type: text/plain; charset="utf-8"
And as a practical matter, if tenant is low income he/she probably does not have the resources to secure a new place to move to.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, August 8, 2019 3:00 PM
To: WSBA Real Property Listserv <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] 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.
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
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
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
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------------------------------
Message: 11
Date: Thu, 8 Aug 2019 15:29:45 -0700
From: "Josh Grant" <jgrant at accima.com>
To: "WSBA Real Property Listserv" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <59294E5D85BB4AEC84DEA1F9689C00F4 at JoshPC>
Content-Type: text/plain; charset="utf-8"
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
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Eric Nelsen
Sent: Thursday, August 08, 2019 2:59 PM
To: WSBA Real Property Listserv
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] 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.
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 <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
P. O. Box 619
Wilbur, WA 99185
509 647 5578
From: Eric Nelsen
Sent: Thursday, August 08, 2019 1:16 PM
To: wsbar
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] 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
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
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
http://mailman.fsr.com/mailman/listinfo/wsbarp
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------------------------------
Message: 12
Date: Thu, 8 Aug 2019 16:51:01 -0700
From: Roger Moss <ram at pacific-ci.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Tenant Act apply to defective sale
Message-ID: <61577B1F-A3EB-40C6-A44C-07EFDF8A3CE0 at pacific-ci.com>
Content-Type: text/plain; charset="utf-8"
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.
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>
> 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.***
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Message: 13
Date: Thu, 8 Aug 2019 18:04:15 -0700
From: Randy Boyer <randyedlynlaw at gmail.com>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] SAFE Act - Seller Financing
Message-ID: <EA083423-6118-4940-9CC3-D9D18480C8E0 at gmail.com>
Content-Type: text/plain; charset="utf-8"
Rob
Thank you for sending that link. That answers my questions.
Randy
Randy M. Boyer ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S.
7017 196th St. S.W. Lynnwood, Washington 98036
( 425.712.3107| Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com>
This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and is legally privileged. This email was sent by an attorney or his agent, is intended only for the addressee?s use, and may contain confidential and privileged information. If you are not the intended recipient, you are hereby notified that any retention, dissemination, reproduction or other use of the information contained in this e-mail is strictly prohibited. If you have received this email in error, please delete it and immediately notify the sender by reply email. Thank you for your cooperation.
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