[WSBARP] PC Needs Help With Timeshare-Like Scenario

[Mark Anderson]

Dear Listmates:

In 2014, Client's parents bought into a retirement apartment complex, an independent living facility in Bellevue, and paid a 90% refundable joining fee.  Client's parents have since died.  According to the residency agreement they signed, the refundable part, approximately $525,000.00 (!), is to be paid back only after the apartment has been re-rented.

The apartment has now been vacant for over two years.  The Client, the personal representative, has been frustrated for some time now because the management and sales team don't respond to phone calls, texts, or in-person visits.  This is causing continued expense as it is holding up the closing of the estate.  It is also costing the estate money.

When the Client went to the facility in person, unannounced, she spoke to a sales manager who encouraged her to stage the apartment to help it "sell" (i.e., be re-rented) more quickly. The Client arranged with the facility to stage the apartment and is being charged almost $1,000 a month by the facility for this.  The apartment has been staged for the last eight months but the facility has not been successful in marketing the apartment to any new residents.

As a not so aside, the residency agreement states that there is a healthcare facility at the complex that provides nursing care services.  Although that was the case at the time the residency agreement was signed, the complex has since closed the skilled nursing wing of the building and is no longer offering those services.

Are any of you interested in helping the Client with this situation?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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