Contracts

A Washington buyer wants to include a clause in their offer saying the seller must move out within 2 days of closing. The seller counters to allow 7 days post-possession. The parties agree to 5 days post-possession. Under the contract, after closing, the seller's occupancy is governed by:

AStandard lease law because the seller becomes a tenant
BThe post-possession agreement terms, and a separate rent-back agreement should specify the terms✓ Correct
CWashington's eviction law immediately upon closing
DNo specific rules — sellers may stay as long as needed

Explanation

Post-possession agreements (seller rent-backs) should be documented in a separate written agreement specifying the duration, daily occupancy rate, conditions, and remedies. The seller becomes a licensee or tenant of the new owner and the terms must be clearly spelled out.

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