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David M von Beck
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David von Beck’s Answers

59 total


  • Trouble with a non-responsive contractor

    I had a company put on new roof and gutters a couple months ago. They subbed the gutters. When the gutters were going on, I asked the installer what shape the fascia was in after he removed the old gutters. Due to the way the old ones were hu...

    David’s Answer

    I suggest you make a written demand for them to agree to remove and replace the gutters at no charge. If that doesn't work, you may need to hire legal counsel.

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  • In Washington State, house in final period b4 foreclosure, owner receives offer to purchase house can foreclosure be halted?

    House is due to be foreclosed on May 1. I have a valid offer for purchase of the house. How can I stop the foreclosure while the purchase and funding complete?

    David’s Answer

    Your first step should be to contact the law firm or company that is handling the foreclosure. It will be out of the hands of the lender by now and so it likely won't do any good to start there.

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  • Under what specific area "practice" would I seek an attorney to represent me in the scenario below?

    My wife and I recently attempted to purchase a home. We asked our Real Estate Agent to present an offer to purchase. Later we discovered our Agent did not present our offer to the Listing Agent.

    David’s Answer

    If the house was ultimately sold to another buyer at a price equal to or below your offer, you might well have a claim worth pursuing against your realtor. The challenge will be demonstrating your damages -- that is, what you "lost" (other than just ownership of that house) in terms of dollars as a result of your agent's failure to convey the offer to the seller or the seller's agent. One type of damages would be the value of the property above the price you intended to offer. But that will involve expert testimony and it will not be an easy task. The best next step for you may be to report your agent's conduct to the Department of Licensing (using this form: http://www.dol.wa.gov/forms/600006A.pdf) and then, of course, finding another agent.

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  • Do I have a case if information was not disclosed to me during negotiations when buying a property in Washington State

    After recently purchasing a property in Washington State, it has come to our attention that the seller's agent gave us misleading information with regard to repairs which had supposedly been done to the property (providing invoices) only to find o...

    David’s Answer

    Yes, you may have a claim if the listing agent or seller provided false information about repairs to the property.

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  • I repaired a home for a percentage of the homes value not recorded now other person reniges agreement where do I stand

    home was appraised prior and after repairs necessary to obtain va financing

    David’s Answer

    You may have a claim against the owner for unjust enrichment, based on the value you added to the home for your work.

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  • Who is liable for cost of clean-up and repair? Inspector, Sellers, or . . .? No warranty, house is over 10 years old.

    Purchased home 10 months ago. Entire kitchen floor is damaged: leaking dishwasher and extensive mold through cabinets and drywall. Inspection found crawl space standing water (sellers fixed) but noted nothing in kitchen, only bath baseboard needed...

    David’s Answer

    Without reviewing your agreement with your inspector, and the Form 17 disclosure, it is difficult to assess the potential exposure of the seller or the inspector. Inspectors' agreements often include a clause limiting liability to the amount you paid for the inspection report. With regard to the seller, you will need to obtain evidence that they knew of the underlying damage. Finally, with regard to the lender, I know of no reason why the lender would be liable here.

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  • During the sale of a house (short sale), with a signed contract by all parties, is the seller able to back out of the contract?

    This is a short sale in Marysville, Washington state. The contract was signed on May 2nd by the seller and the buyer. The seller's bank approved this contract on June 10th. I'd be happy to provide other pertinent details.

    David’s Answer

    If the seller backs out, you may be entitled to damages or specific performance.

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  • Can I sue my home builder to put a drainage system in my yard due to flooding issues? They lead me on and now they wont fix it!!

    My family bought a new house last year and have had constant issues with standing water in our backyard..Our yard isnt very big as it is so when half of our backyard has standing water, it becomes unusable with kids. Our neighbors are also affecte...

    David’s Answer

    You may have a claim based on the representations made by your builder and the conditions at your home. You will need to have an attorney review your documents, and perhaps have an expert view the conditions at your home and yard with regard to the drainage issues.

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  • Our realtor filled in the wrong address on an offer we made. he sold us the wrong house. by the time we discovered the error the

    time we found out, the one we thought we had made an offer on had sold--options???

    David’s Answer

    This does sound like an error by your RE agent that creates a claim for you. The question is, what are your damages? You will need to look at the value (and price) of the house you ended up buying versus the house you did not get, as well as other aspects of your situation that are different than what you had anticipated based on having purchased the wrong home.

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  • If I signed a quit claim during my divorce, can I be forced to sign a Satisfaction of Lien 5 years after the fact?

    As a condition of my divorce agreement my ex-husband paid me 60,000 for my share of our property and I signed a "quit claim". Now my ex wants to sell the property (condo) and I have received a letter from his attorney informing me that if I do not...

    David’s Answer

    To answer your last question first, it seems unlikely that you have a claim for compensation due to stress from this incident. You mention "other incidents" but don't specify any details, so it is impossible to say whether there has been any action by your husband that would consitute the negligent infliction of emotional distress or give rise to a similar claim. As for the satisfaction of lien, without knowing the nature or timing of the lien that your ex-husband's counsel is now seeking you to acknowledge as "satisfied," it is likewise difficult to provide you with any real direction. It seems to me you should consult with a lawyer. You may even have a bargaining position to consider with regard to the demand that you sign that document.

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