Legal Question in Real Estate Law in Washington
Possession
I am purchasing a house on owner contract. The contract cannot be completed until he removes a previous owner from title as the previous owner died. He wants to send me the keys to house. I asked him not to send until sale is completed. He sends keys anyway. If I have keys, does this imply I have assumed possession of the home? Can he demand payment for the 4 months it took to finalize the sale? No one lived in home during the 4 months.
1 Answer from Attorneys
Re: Possession
I do not have enough information from you to properly answer your question. Generally, the contract begins on its effective date, e.g., the date of signing or another date. But, you have other factors, i.e., former deceased owner's name on the title, that could complicate your situation. Did you write to the sender of the keys to indicate you were not going to assume responsibility until you had clear title? I woul dneed more facts to give a proper answer. The simple answer is: liability for the four months of payments depends upon your documents and other agreements, written and verbal.