If a mobile
home park owner gives written notice to all tenants residing in
the park, including new tenants at the commencement of their
tenancy, that he or she has a desire to purchase their mobile
homes, the mobile homes may be sold only according to the
following provisions:
(1) Before transfer of title to any other person or entity,
the mobile home owner shall notify the park owner if an agreement
to purchase and sell has been reached and specify the terms of
the agreement.
(2) If, within ten days of the notice, the mobile home park
owner tenders to the mobile home owner an amount equal to five
percent of the agreed purchase price, together with a fully
executed purchase and sale agreement, the mobile home owner must
sell the mobile home to the mobile home park owner.
(3) The mobile home park owner must then perform under the
agreement and stand ready to close the sale according to the
terms of the agreement between buyer and seller. Failure to
perform under the terms of the agreement on the part of the
mobile home park owner results in the forfeiture of the five
percent deposit and voids the purchase and sale agreement.
(4) The rights of the mobile home park owner or of the
mobile home owner under the purchase and sale agreement,
including the deposit, are not forfeited if the transaction fails
to close due to no fault or inability to perform on the part of
the seller.
(5) In the case of seller financing, the mobile home owner
may decline to sell to the mobile home park owner if, based on
reasonable and objective evidence, to do so would present a
greater financial risk to the seller than would selling to the
original offeror.
A mobile home owner who enters into a signed agreement to
sell or transfer the ownership of the mobile home to a relative
is exempted from the requirements of this section and RCW 59.23.040.
[1993 c 66 § 7.]
NOTES:
Reviser's note: Chapter 59.23 RCW was declared invalid in Manufactured Housing Communities of Washington v. State, 142 Wash.2d 347 (2000).