[WSBARP] Notice of Sale of a Manufactured/Mobile Home Park

[Roy D. Pyatt]

Dear Colleagues,

My client is selling a manufactured/mobile home park. RCW 59.20.300 generally requires a written notice of sale to be given to the tenants and various agencies when selling mobile home parks. However, "notice of sale" is defined in RCW 59.20.030(15) to essentially mean transactions where the park is publicly advertised or listed for sale. My deal involves a private sale transaction where the buyer somehow found my client and directed his broker to prepare a sale offer.

My client is not represented by a broker, has not advertised the park as being for sale in any way, but wants to move forward with selling to the unsolicited buyer. My read of RCW 59.20.030(15) is that my seller is not obligated to provide the notice of sale on these facts, and my review of the legislative history is consistent with this conclusion, as a prior version of the draft legislation defined notice of sale in a way that would have required it to be given in most sale situations.

I'm wondering if anyone else has faced this situation and reached my same conclusion, and whether you received any push back from tenants or government agencies by not providing the formal notice.

Thanks,

Roy

Roy D. Pyatt | Attorney at Law
Landerholm P.S.
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA 98666-1086
T: 360-696-3312 T: 503-283-3393 F: 360-816-2541


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