[WSBARP] 90 day notice - intent to sell - closing before end of 90 days

[Bryce Dille]

My partner had this potential issue in Thurston County so at closing we got an assignment of rights from the seller-landlord and judge had no problem in issuing writ but fortunately the tenant moved before we could serve the writ so it was not opposed so there was no tenant attorney on the other side making that argument.

Bryce H. Dille
Dille Law, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, December 17, 2021 10:02 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 90 day notice - intent to sell - closing before end of 90 days

Kinda yeah, maybe.  In my case, the original institutional (read, uncooperative) foreclosing lender/LL filed the UD and then closed escrow to sell the residence.  The successor LL/Buyer then went into court for the Writ and the judge just chuckled and said the new plaintiff had to file a new action because the successor LL was not the correct plaintiff.  Perhaps it is different for notices and perhaps if you obtain some sort of assignment of LL rights.


[cid:image002.jpg at 01D7F32E.7912CF40]

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 Britt Donoho
Sent: Friday, December 17, 2021 9:28 AM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] 90 day notice - intent to sell - closing before end of 90 days

Hi all.

I'm not sure if this issue has been litigated yet but wanted to know thoughts.

Has anyone had experience where a seller of property issued a 90 day notice intent to sell, then sold and closed before the 90 day period? I have a client who is the buyer and is concerned that the 90 day notice will be unenforceable for any holdover tenants if they take title prior to the 90 days expiring.

Would appreciate any thoughts on this.

Sincerely,

Britt Donoho, Attorney
Jack W. Hanemann, P.S.
2120 State Ave. NE, Suite 101
Olympia, WA 98506
Phone: (360) 357-3501
Fax: (360) 357-2299
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