Robert Emmett West JR's Answers

Will they go after my personal assets?

The short answer is "Yes." You need to carefully review the terms and conditions of any loan agreement you are being asked to sign. The lender would generally have to declare a default in the event of non-payment by your uncle, and if not cured a lawsuit would probably follow. You would have to be included in the lawsuit and the lender's claim reduced to a judgment before your personal assets could be attached or before your wages or bank accounts could be garnished. It is highly...

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Bypassing buyer's agent (buying a house)

If you did not sign a written agreement to pay a commission to the agent, you will not have an obligation to pay a commission if you end up buying the house.

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I'm looking to create an LLC and transfer the title of my home to it. Do I need to play the King county excise tax in this case?

If you and your girlfriend are equal owners the excise tax will be due on the 50% interest she is effectively conveying to you, unless it is a pure gift. If it is a gift, there may be gift tax consequences which should be discussed with a CPA. You will also need to discuss with a CPA which expenses can be written off. Finally, your girlfriend will remain obligated on the mortgage (and without recourse should you default in making payments), and a conveyance of her interest, and possibly yours...

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How does it work when I give 30 days notice on a month to month lease?

If your rental is of a residence the Washington Residential Landlord-Tenant Act (RCW 59.18.200) applies and requires you to give a termination notice of only 20 days before the end of the current monthly period (assuming the period starts on the 1st day of the month), regardless of the 30 days provision in the lease (it does not apply). If you give notice on or before March 11, 2012, the rental term will end March 31, 2012. However, if you give notice after March 11, 2012, you will be...

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Easement dispute

The paperwork you signed may very well be binding and enforceable. However, there are a few factors which justify meeting with your own attorney for a consult, which should not be too expensive. For example, whatever you gave up may not be valid if you didn't receive anything in exchange for doing so, If you were paid or received some other "consideration," then the paperwork may be enforceable. If you were not given the opportunity to confer with an attorney or if the terms of the...

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Are CC & R's enforceable if they were not attached to the legal descriptions section of the deed conveying the property?

Did you receive a title report and title insurance when you purchased the property? The title report would indicate whether the property was subject to recorded CC&R's. If CC&R's have been recorded it will set forth the restrictions and other covenants that affect the property. CC&R's are generally enforceable by any homeowner whether a formal HOA exists or not. CC&R's oftentimes make provision for the formation of an HOA, but not always. If you do not understand the CC&R's it is advisable...

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Can you sell a home with a easment running through the middle of the home?

If definitely need to confer with a local attorney to review both the type and scope of the easement. Depending on the historical use, it may be that the easement is no longer valid, especially if it is located where your house is located. There are several factors that can result in the loss of the right to use an easement. The attorney also need to review your title insurance policy in order to determine whether the title company has properly handled your claim. It is likely the lender...

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Investing in a condo

I do not understand why you think your investment might "go down the drain." If you are paying on a 15 year loan it is reasonable to assume you will build up equity over the 15 years as the value increases and your loan amount decreases. There are many factors which affect whether it would be a "great" investment or merely a "reasonable" one, but unless you pay too much for the condo it should be a decent investment.

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Is it against the law to pull up survey stakes? we had a survey done on easement and our neighbor pulled up the stakes twice.

Removal of survey stakes in the situation you describe is unlawful. See the following WAC (Washington Administrative Code): WAC 332-120-030 APPLICABILITY (1) No survey monument shall be removed or destroyed before a permit is obtained as required by this chapter. (2) Any person, corporation, association, department, or subdivision of the state, county or municipality responsible for an activity that may cause a survey monument to be removed or destroyed shall be responsible for ensuring...

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What is worker rights complaint filed using L & I by person who has no license, no bond, or insurance on work he performed?

If the individual performs work as a general contractor he must be licensed in order to sue for wages owed. Your friend can also report the individual to L & I for working as an unlicensed contractor. Since your family friend did not hire the son she most likely does not owe a payment to the son. However, the son may have the right to file a labor lien, but would have to prove the amount of labor performed and wages owed. There is a limited time period in which to file a lien claim (within...

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