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David M von Beck
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David von Beck’s Answers

59 total

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

    The home was advertised as having "Green" certification but the documentation was falsified. There have been additional quality issues as well.

    David’s Answer

    • Selected as best answer

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

    Bank A accepted our offer which was 5K over asking price 4/11/12. 3 1/2 months later Bank A was bought out by Bank B. Bank B sent an appraiser out, and decided that they could demand more money out of us, and are asking for an additional 25K. D...

    David’s Answer

    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

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  • I am a general contractor completing a large custom home. The owner is threatening to withhold much of the final payment.

    I still owe subcontractor's and do not have the money to pay them. I also owe my direct staff, myself and have overhead/taxes etc. to pay. If the homeowner does not pay in full can i pay for overhead first and have my subs file mechanics liens? ...

    David’s Answer

    Liens are not that expensive to file and, assuming you have complied with the statute, a lien provides a very powerful tool for recovering from owners. We frequently recover for contractors by filing a lien and then resolving the dispute with the owner before ever having to foreclose on the lien.

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  • Looking to work with my 1st and 2nd mortgage lenders to reduce the interest I pay on my mortgage - do I need an attorney?

    I’m looking to work with my 1st and 2nd mortgage lenders to reduce the interest I pay on my mortgage where I’m paying 6% and 8% interest rate. My property is deeply under water, there is no way I will be able to do a traditional refinance, I don’t...

    David’s Answer

    Although you do not necessarily need an attorney, legal representation may be helpful not only for negotiating with the lenders, but for a better understanding of the possible consequences of various approaches, whether renegotiation, short sale, foreclosure, or something else.

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  • If a construction contractor's bond expires in the state of Washington, am I able to win a judgement against the bond?

    I am a general contractor who did work for another construction contractor. The company withheld over $8k of my earnings and has been telling me he will pay me for over half a year now. He previously paid me for a lot of work that I did on other h...

    David’s Answer

    Without addressing whether you have a valid claim against the either the bond or the contractor's liability insurance, it is the law in Washington that a valid claimant on a bond has two years from the time the debt was incurred in which to make a claim against a bond. The liability insurance policy would be an "occurrence-based" policy, so it is the timing of the event giving rise to the contractor's liability that determines which policy is relevant -- regardless if the policy has expired.

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  • Can anyone just record a claim of lien on someone's property and collect when the property sells if it is not contested?

    If so, it would seem that a lot of vulnerable and/or incapacitated elderly (who did not realize the consequences or could not afford an attorney) would be exploited. Can the lien claimant actually collect when they die and the property is sold w...

    David’s Answer

    No. The lien laws only allow certain professional service providers, and those who have a judgment against you, to put a lien on your property. And if the lien is not foreclosed upon within 8 months of its filing date, it is ineffective.

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  • What is needed to start the process to obtain a prescriptive easement application

    After 14 years of use my neighbor has demanded I no longer use his driveway to a rear driveway on my property going to my shop that has no other axcess.

    David’s Answer

    A prescriptive easement is obtained by court order, so you will likely need to file a lawsuit.

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  • Is a one year warranty on a new home sufficient?

    I recently purchased a home which is a new construction and we have a one year warranty on everything (excluding appliances that are covered by manufacturer's warranty). Someone recommended that I should have a longer warranty for structural defec...

    David’s Answer

    Typically the one-year warranty is a "repair warranty." During that year, or more typically near the expiration of that one-year period, the builder should come back to the site as requested by you to repair defects that arise, whether it be a leaky roof or cracking sheetrock. However, if this one-year warranty is your sole remedy under the contract, and it provides that it is in lieu of the implied warranty of habitability and other claims, then this is a serious limit on your potential claims if you discover problems after the one-year "warranty" period expires. There is no law that I am aware of in Washington that requires a builder-vendor to provide a longer warranty for structural defects.

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  • What happens when a suit is filed to collect on a prommissary note? what should I do?

    I signed a prommissary note for $300,000 as a partial payment for a land purchase and sale agreement. it was not collateralized. The real estate agent I was working with that had the listing on the land proposed that we partner (50/50) on the la...

    David’s Answer

    You may have the right to a defense of the lawsuit under your insurance policy. You should have the policy reviewed by a lawyer. You may also have claims against the RE agent even without a written agreement.

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  • I am a purchaser of a home and have a question about seller's duty on an electrical inspection

    I am buying a home and after the home inspection was done I responded to the Seller by requesting that they repair and/or replace all electrical issues. The sellers responded by agreeing to make all necessary repairs and replacements. My questio...

    David’s Answer

    It sounds as if the seller has complied with what you requested pursuant to your inspector's findings, and that the electrician who performed those repairs made a recommendation for a desirable though not necessary upgrade. So, if you want to make that change and get rid of the Zinco panel, that probably will be at your expense.

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