David M von Beck’s Answers

David M von Beck

Seattle Construction / Development Lawyer.

Contributor Level 10
  1. Can an LLC help clean my personal liability from my rental property without transferring this property's title under the LLC?

    Answered over 2 years ago.

    1. Irving A Sonkin
    2. David M von Beck
    3. Sergei Tokmakov
    4. Adam Morrow
    4 lawyer answers

    Without actually transferring ownership of the property to the LLC, it is unlikely you can avoid personal liability as a landlord in this context.

    3 lawyers agreed with this answer

  2. What are the requirements to record a lien in WA state?

    Answered almost 2 years ago.

    1. Larry R Schreiter
    2. David M von Beck
    3. Shawn B Alexander
    3 lawyer answers

    Typically a mortgage is secured by a deed of trust. Liens are not authorized by law in this state to secure such a debt.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Is it legal for a bank on short sale to hold up buyers for more money for home?

    Answered about 2 years ago.

    1. Douglas N Kiger
    2. Thuong-Tri Nguyen
    3. David M von Beck
    3 lawyer answers

    I think the second bank may be bound by the first bank's decision to accept the offer. Dave von Beck Levy * von Beck & Associates, P.S. 600 University St., Ste. 3300 Seattle, WA 98101 P: 206.626.5444, x210 F: 206.382.5527 dmvonbeck@levy-law.com<mailto:dmvonbeck@levy-law.com>

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Neighbors tree on my roof

    Answered over 2 years ago.

    1. David M von Beck
    2. Robert Jordan Gilliland Jr
    2 lawyer answers

    The short answer is likely yes. But disputes between neighbors can start from the smallest event or lack of communication, and can grow into uncomfortable, lengthy, and expensive feuds. So, I strongly suggest that before cutting anything, you first talk with your neighbor to address your concerns and intent regarding the overhanging branch.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can a builder be sued if they falsified certification documentation and did not deliver the home as specified?

    Answered almost 2 years ago.

    1. David M von Beck
    2. Dave Hawkins
    3. Thomas Martin Morningstar
    3 lawyer answers

    It sounds like you may be the victim of fraud or, at a minimum, negligent misrepresentation. Because it is best to pursue investigate and pursue all of your claims together, the quality issues you mention should be inspected by a qualified expert as part of pursuing your builder. Your claims may vary depending on whether you had the home custom built, or bought it as a "spec" home.

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

    Answered 12 months ago.

    1. David M von Beck
    1 lawyer 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.

    2 lawyers agreed with this answer

  7. 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?

    Answered about 1 year ago.

    1. David M von Beck
    2. Shawn B Alexander
    2 lawyer answers

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

    2 lawyers agreed with this answer

  8. 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

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. David M von Beck
    3. Michael T Millar
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. My husband passaway and my house burned down recently but the insurance give two option to pay off loan or to rebuild my house

    Answered over 1 year ago.

    1. David M von Beck
    1 lawyer answer

    Your homeowners insurance company, under a typical policy, is obligated to either pay you to rebuild the house (up to the insured dwelling value as stated on your policy's Declarations page) or pay you the "ACV" (actual cash value) of the property at the time of the loss. ACV takes depreciation into account, so it will be a lower amount than the rebuilding costs. However, you only get the rebuilding costs if you actually rebuild. The answer to your question depends on whether you have a...

    2 lawyers agreed with this answer

  10. I purchased a new home 17 years ago. The roof is now sagging. Do I have any legal recourse against the builder?

    Answered almost 2 years ago.

    1. Rand L. Koler
    2. David M von Beck
    3. Roger Jay Sharp
    4. Michael T Millar
    5. Shawn B Alexander
    5 lawyer answers

    The applicable statute of limitations for such claims is typically six years. However, some manufacturers of roofing and other materials to provide separate, material-only warranties that extend up to 30 and even 50 years. You may want to check with the inspector, or hire a structural engineer, to get information on exactly which components have failed. This could help you determine whether there is any applicable warranty that you might rely on for a remedy. But if the problems are caused...

    2 lawyers agreed with this answer