Posted by Steve-WA on August 13, 2010 at 10:01:05:
If you want to take a gamble, serve them a pay or vacate just like a rental eviction; you may have to change the words somewhat, as it is not rent. Then after the obligatory period (3 day? 5 day?), serve them an Eviction Summons and Eviction Complaint. In other words, follow through just as if you were if it was a rental. Even to the point of getting a court date. This may put the fear of God into them - worst case, you go before a judge, and they smack YOU down, and you’re back to square one, only your buyer has more confidence against you.
You don’t mention, but what is the status of the lot rent? AS Don says, the easiest LEGAL way to make this move forward is to have the park rightfully evict if they are not paying rent.
I got lucky and took someones advice regarding this matter a long time ago; it has since been judge-tested, and passed.
In my sales agreement, I have a statement, which the sign to acknowledge, that says:
If default of the terms and conditions of the promissory note occurs, all rights and title immediately revert to the seller, and buyer agrees to surrender the right of park space deposit return to seller. If purchaser remains on premises, they will be considered a tenant with a rental value of $ xxx.00 per month. All charges and fees are considered part of rent due. Surrender of the premises does not exempt the purchaser/tenant from amounts past due.
In the case of default (non-payment), this converts the buyer to a renter, and you follow through as a normal eviction.
This doesnt help you now, but perhaps in the future . . .