[WSBARP] rent back agreement

[Craig Gourley]

Perfect!  Thanks, Eric.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Lanza
Sent: Thursday, November 2, 2023 9:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rent back agreement

They passed a law this year to address this. See RCW 59.18.040(3)

Eric J. Lanza, J.D.

[cid:image001.png at 01DA0D74.488BF470]



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, Christopher
Sent: Thursday, November 2, 2023 9:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] rent back agreement

Craig:  I do not think you can skirt the landlord tenant protections.  However, in these situations in the past, I have withheld a portion of the proceeds until such time as the seller moves out as a liquidated damage in the case they become an issue.  It has proven to be an effective carrot.

Christopher G. Britt, M.A., J.D.
Attorney at Law
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1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)
E: christopher at lucentlaw.com<mailto:christopher at lucentlaw.com>
Web: www.lucentlaw.com<http://www.lucentlaw.com/>


On Thu, Nov 2, 2023 at 9:47 AM Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:
Listmates-   I am trying to figure out the intersection between delayed possession of  home sale and a LLT law.  Basic fact pattern is client wants to close the purchase now but give the Seller 2 months to move out.  In simpler times I would do a rental agreement for the 2 months and call it good.  With the new LLT laws my understanding is that if it is considered a month to month we have no way to get the people out if they decide not to move, except maybe breach of contract on the sales agreement and that would be a long term battle.   Can we do a 2 month lease?  Can we couch this as not a rental or lease agreement at all but just delayed possession agreement with typical lease language dealing with insurance, maintenance etc? Basically calling a duck a chicken and hope nobody notices?  Thoughts ?

GOURLEY LAW GROUP
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