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Vendor – purchaser relationships are specifically excluded from the landlord – tenant act. RCW 59.18.040(2). Even if you have a lease agreement in addition to the earnest money agreement, if you proceed under the "normal" eviction statutes the court may consider the relationship that of vendor – purchaser and rule that you brought the wrong type of action. See Bar K Land Co. v. Webb 72 Wn. App. 380, 864 P.2d 435 (1993). Your case will then be dismissed. You will also likely face paying the purchaser / tenant’s attorney fees and costs.

You are probably better off bringing an ejectment action, which will take a lot longer and cost a lot more, or simply not allowing purchaser pre-closing possession.

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