BP BHEAD INT S

AN ACT Relating to the sale of mobile homes and mobile home parks; and adding a new chapter to Title 64 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the purpose of this chapter to provide an opportunity for mobile home park tenant organizations to purchase the mobile home park where they reside in the event of a voluntary sale of the park, and an opportunity for mobile home park owners to purchase mobile homes located in their park in the event of a voluntary sale.

NEW SECTION. Sec. 2. An obligation of good faith is imposed on the parties in the conduct of transactions affected by this chapter. Rights created by this chapter are forfeited by any party failing to act in good faith. Further obligations under this chapter on other parties are also discharged by a failure to act in good faith.

NEW SECTION. Sec. 3. If a qualified tenant organization gives written notice to the mobile home park owner where the tenants reside that they have a present and continuing desire to purchase the mobile home park, the park may then be sold only according to this chapter.

"Notice" for the purposes of this section means a writing signed by sixty percent of the tenants in the park indicating that they desire to participate in the purchase of the park, and that they are contractually bound to the other signators of the notice to participate by purchasing an ownership interest that will entitle them to occupy a mobile home space for the remainder of their life or for a term of at least fifteen years.

NEW SECTION. Sec. 4. (1) "Mobile home park" means the same as defined in RCW 59.20.030.

(2)(a) The terms "sold" or "sale" for the purposes of this chapter have their ordinary meaning and include: (i) A conveyance, grant, assignment, quitclaim, or transfer of ownership or title to real property and improvements that comprise the mobile home park, or mobile homes, for a valuable consideration; (ii) a contract for the conveyance, grant, assignment, quitclaim, or transfer; (iii) a lease with an option to purchase the real property and improvements, or mobile home, or any estate or interest therein; or (iv) other contract under which possession of the property is given to the purchaser, or any other person by his direction, where title is retained by the vendor as security for the payment of the purchase price. These terms also include any other transfer of the beneficial or equitable interest in the mobile home park such as a transfer of equity stock or other security evidencing ownership that results in a change in majority interest ownership.

(b) The terms "sale" or "sold" do not include: (i) A transfer by gift, devise, or inheritance; (ii) a transfer of a leasehold interest other than of the type described in this subsection; (iii) a cancellation or forfeiture of a vendee's interest in a contract for the sale of the mobile home park; (iv) a deed in lieu of foreclosure of a mortgage; (v) the assumption by a grantee of the balance owing on an obligation that is secured by a mortgage or deed in lieu of forfeiture of the vendee's interest in a contract of sale where no consideration passes otherwise; (vi) the partition of property by tenants in common by agreement or as the result of a court decree; (vii) a transfer, conveyance, or assignment of property or interest in property from one spouse to the other in accordance with the terms of a decree of divorce or dissolution or in fulfillment of a property settlement agreement incident thereto; (viii) the assignment or other transfer of a vendor's interest in a contract for the sale of real property, even though accompanied by a conveyance of the vendor's interest in the real property involved; (ix) transfers by appropriation or decree in condemnation proceedings brought by the United States, the state or any political subdivision thereof, or a municipal corporation; (x) a mortgage or other transfer of an interest in real property or mobile home merely to secure a debt, or the assignment thereof; (xi) a transfer or conveyance made under an order of sale by the court in a mortgage or lien foreclosure proceeding or upon execution of a judgment; (xii) a deed in lieu of foreclosure to satisfy a mortgage; (xiii) a conveyance to the federal housing administration or veteran's administration by an authorized mortgagee made under a contract of insurance or guarantee with the federal housing administration or veteran's administration; (xiv) a transfer in compliance with the terms of any lease or contract upon which notice has already been given under this chapter, or where the lease or contract was entered into before the effective date of this act; or (xv) a transfer to a corporation or partnership the majority interest of which is wholly owned by the transferor.

(3) A "qualified tenant organization" means a formal organization of tenants in the park in question, organized for the purpose of protecting and promoting their rights as tenants, with membership made available to all tenants with the only requirements for membership being: (a) Payment of reasonable dues; and (b) being a tenant in the park.

NEW SECTION. Sec. 5. If notice of a desire to purchase has been given under section 3 of this act, a park owner shall notify the qualified tenant organization that an agreement to purchase and sell has been reached, the terms of the agreement, including the availability and terms of seller financing, before closing a sale with any other person or entity. If, within thirty days after the actual notice has been received, the qualified tenant organization tenders to the park owner an amount equal to two percent of the agreed purchase price, refundable only according to this chapter, together with a fully executed purchase and sale agreement at least as favorable to the park owner as the original agreement, the mobile home park owner must sell the mobile home park to the qualified tenant organization. In the case of seller financing, a mobile home park owner may decline to sell the mobile home park to the qualified tenant organization if, based on reasonable and objective evidence, to do so would present a greater financial risk to the seller than would selling on the same terms to the original offeror.

Failure to perform under the terms of the agreement on the part of the qualified tenant organization shall result in the forfeiture of the two percent deposit and void the purchase and sale agreement. The mobile home park owner may then sell the mobile home park to any party at any time on any terms without regard to this section.

NEW SECTION. Sec. 6. Failure on the part of a mobile home park owner to give notice as required by this chapter renders a sale of the mobile home park that occurs within thirty days of the time the qualified tenant organization knows or has reason to know that a violation of the notice provisions of section 5 of this act has occurred, voidable upon application to superior court after notice and hearing. If the court determines that the notice provisions of this chapter have been violated, the court shall issue an order setting aside the improper sale. In an action brought under this section, the court shall award the prevailing party attorneys' fees and costs. For the purposes of this section, a "prevailing party" includes any third party purchaser who appears and successfully defends his or her interest.

NEW SECTION. Sec. 7. 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 within thirty days of the execution of the purchase and sale agreement. 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 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 mobile home park owner.

(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.

NEW SECTION. Sec. 8. Failure on the part of a mobile home owner to give notice as required by this chapter renders a sale of the mobile home that occurs within sixty days of the time the mobile home park owner knows or has reason to know that a violation of the notice provisions of section 7 of this act has occurred, voidable upon application to superior court after notice and hearing. If the court determines that the notice provisions of this chapter have been violated, the court shall issue an order setting aside the improper sale. In an action brought under this section, the court shall award the prevailing party attorneys' fees and costs. For the purposes of this section a "prevailing party" includes a third party purchaser who appears and successfully defends his or her interest.

NEW SECTION. Sec. 9. Sections 1 through 8 of this act shall constitute a new chapter in Title 64 RCW.