Question 1

What is TOPA?

Accepted Answer

TOPA (Tenant Opportunity to Purchase Act) is a DC law that gives tenants the right to purchase the property they are renting before the owner can sell it to another party. This law applies to single-family homes, multi-unit buildings, and rental properties, with some exceptions.

Question 2

Does TOPA apply to all rental properties in DC?

Accepted Answer

o, certain properties and situations are exempt, such as:

Owner-occupied single-family homes where the owner shares a bathroom or kitchen with the tenant
Federally owned properties
Short-term rentals (less than 12 months in some cases)
However, most rental properties are subject to TOPA, and even s

Question 3

How long do tenants have to exercise their TOPA rights?

Accepted Answer

The timeline depends on the type of property:

Single-family homes: Tenants have 30 days to express interest and an additional 60 days to negotiate a contract.
Multi-unit buildings: The process is longer, and tenants can assign their rights to a third-party developer, often leading to negotiations f

Question 4

What happens if a tenant wants to assign their TOPA rights?

Accepted Answer

Tenants can sell or assign their rights to a developer or third-party investor. This is common in multi-unit buildings, where tenant associations negotiate on behalf of all residents. Assigning rights can lead to tenant buyouts, where developers compensate tenants in exchange for their rights.

Question 5

Can tenants delay a sale by holding onto their TOPA rights?

Accepted Answer

Yes, if not managed properly. Failure to follow the proper notice and response deadlines can lead to significant delays. Sellers and real estate agents must ensure all TOPA notices are correctly delivered and documented to avoid unnecessary holdups.

Question 6

What are common mistakes that sellers and agents make with TOPA?

Accepted Answer

? Failing to provide proper notice – Notices must be delivered correctly to all tenants.
? Not tracking response deadlines – Tenants have strict timelines; missing a step can extend the process.
? Ignoring tenant rights – A sale cannot move forward until TOPA rights are waived or expired.

Question 7

What happens if a seller ignores TOPA requirements?

Accepted Answer

Ignoring TOPA laws can result in legal action, fines, and even the reversal of a property sale. Sellers must comply with all requirements, or the tenant (or an interested third party) may challenge the sale in court.

Question 8

How can landlords or sellers speed up the TOPA process?

Accepted Answer

✔️ Offer tenants a buyout early to encourage waiver of rights.
✔️ Ensure all notices are served correctly and on time.
✔️ Work with an experienced title company (like SMART Settlements!) to navigate the process smoothly.

Question 9

Where can I get help with TOPA transactions?

Accepted Answer

Title companies like SMART Settlements specialize in handling TOPA compliance, buyouts, and legal considerations. Working with a knowledgeable real estate agent, attorney, or title expert can prevent costly delays and ensure a smooth transaction.

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