Legal Question in Real Estate Law in Washington
Washington state lease of home
If a 90 day lease on a home, coupled with a purchase agreement of that same home, has an extension clause of up to 1 year if the tenant needs more time to get financing for the intended purchase, unenforceable as a result of not being acknowldged by a notary when signed, just like is required of a deed, per the case of Richards vs Redelsheimer, 36 Wash.325, 78 P.934 (1904)
or is that a spurious argument based upon outdated case laws and offered only to wrongly defeat an unknowing defendant by an unscrupulous attorney. It seems bogus and too old to be applied to todays cases.
1 Answer from Attorneys
Re: Washington state lease of home
WA has a residential landlord tenant act. It is found at RCW 59.18.020 et seq. One of the sections prohibits parties from attempting to contract around the RLTA unless an attorney for the tenant has reviewed and approved the contract. Lease purchase agreements can be exempted from the RLTA if certain conditions are met.
Where people get in trouble is when the landlord downloads a lease purchase agreement from the internet that is not consistent with WA law, and the tenant notices and objects.
This is one of those cases where you are going to want to take your documentation and go talk to an attorney that understands WA lease/purchase agreements and the issues that result from them.
There is probably a great deal of money at stake. Please don't risk your investment trying to do your own research. I have no idea whether the case you found is bedrock controlling authority or a complete waste of time. If you want a lawyer to help you, they are going to want to do their own research too.
Elizabeth Powell
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