Legal Question in Landlord & Tenant Law in Washington

Lease Option, won't sign off on title..

My brother leased optioned a property 2yrs ago. He put $10,000 down & purchased the property for $80K. Over time he also put $15k into the property. The property is now worth $180K. Intending to refinance & pull some cash out he tried to refinance the property. The loan went fine until he called the person on title to sign off on title & finish transfering it over to him. The father stated that it was his son's property. (Even though the father signed all the documents) They have the same name. We called the son who said since his father signed the documents it wasn't legal & that my brother didn't have any right to refinance the home. I'm 100% positive the son knew the father signed those documents. The father is a big investor & has put all his properties in the son's name. It's almost like they planned this & I wouldn't doubt if its not the first time they have screwed people this way. We just found out that the lease option period expired on the 15th of November. Did the father falsify loan documents? Is there a law requiring notification when the lease option is about to expire? Is there any legal recourse? Thanks.


Asked on 11/28/06, 4:28 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Lease Option, won't sign off on title..

You have a really interesting problem, although that is likely not what you wanted to hear.

Is the lease/option clearly delineated in a contract - signed by your brother and either the father or the son?

This is a conversation that should not be occuring over the phone, but instead, should be in writing.

As a matter of fact, likely you should consider lawyering up now.

The expiration of the lease option occuring a few weeks ago - sounds irrelevant because your brother has clearly indicated his intent to exercise the option, and has put money into the bargain to boot.

The father/son issue is more interesting. You may need to file suit to clarify who owns the property (father or son) and to force them to comply with the bargain struck at the beginning of the tenancy.

There is nothing in your question that clearly tells me that anybody falsified anything. I am also reluctant to impute malice where simple cluelessness suffices. So, cannot tell from what you wrote whether there is malfeasance or not.

Your brother's contract terms control, and if the document requires notification when the option expires, then yes, notification is required.

Yes, you may well have recourse. Your best bet is to contact local counsel and hire them. This is not a self-help problem, and phone calls at this point are not going to solve anything.

Hope this helps. Elizabeth

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Answered on 11/28/06, 6:58 pm


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