David M von Beck’s Answers

David M von Beck

Seattle Construction / Development Lawyer.

Contributor Level 10
  1. Contractor - damaged our property and need to claim and receive compensation of the damage

    Answered almost 2 years ago.

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

    If the contractor is now asking to pick up his tools, it sounds as if he has no intention of coming back to undertake the necessary repairs. You may be able to recover your damages from the contractor or his bond by filing a lawsuit. But it is important to look at your contract, if you have one in writing, to determine your rights and remedies before simply proceeding with filing suit.

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. David M von Beck
    2. Scott G Wolfe JR
    3. Matthew C Albrecht
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  3. Is a one year warranty on a new home sufficient?

    Answered over 2 years ago.

    1. David M von Beck
    1 lawyer 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...

    2 lawyers agreed with this answer

  4. Take out a home equity loan or refinance existing home loan?

    Answered over 2 years ago.

    1. David M von Beck
    1 lawyer answer

    This question may be better directed at a qualified mortgage broker, who can walk through your finances and the available loan options with you. Generally speaking, and given the current low interest rates, it may be to your advantage to refinance to a single loan -- whether fixed or adjustable -- with a low rate. It's worth noting that there is one protective advantage to having a single loan, and that is that in the event of a default, the primary lender typically will conduct a non-...

    2 lawyers agreed with this answer

  5. Neighboring landlord attempting adverse possession: claims a chain link fence, instead of the hedgerow defines the boundary line

    Answered over 2 years ago.

    1. David M von Beck
    2. Michael G. Gusa
    3. Shawn B Alexander
    3 lawyer answers

    There are several requirements to demonstrating adverse possession and, as is often the case, your situation is very fact specific. You will likely need to review your claim with a lawyer as any general advice on the law is unlikely to be adequate for you to make an informed decision as to whether and how to proceed against your neighbor.

    2 lawyers agreed with this answer

  6. What can do about botched roofing job?

    Answered over 2 years ago.

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

    So far, you've only heard the roofing company owner's version of the adequacy of his company's work and the repair. I suggest you retain a qualified roofing inspector to conduct an independent inspection of the installation. First, though, it may be best to contact legal counsel so that the inspector and attorney can discuss the breadth and nature of the investigation and any report that the inspector might prepare, with the possibility of future legal action against the roofer in mind.

    2 lawyers agreed with this answer

  7. Do I need a real estate attorney?

    Answered over 2 years ago.

    1. John William Ladenburg
    2. Joyce Stewart Schwensen
    3. David M von Beck
    4. Rand L. Koler
    4 lawyer answers

    Quite simply: Yes, you do need an attorney.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. Hi, I puchased a home in Jan of this year. I belive we were lied to and misled about repairs and I would like to know what to do

    Answered about 4 years ago.

    1. David M von Beck
    2. Steven J. Fromm
    2 lawyer answers

    Because recent case authority in Washington has provided (in my opinion) undue protection to home sellers, your best claim is going to be for fraud. The roof repair contractor's testimony will certainly be useful in that regard. Also, because your claim stems from a Residential Purchase and Sale Agreement ("REPSA"), you may have a way to collect attorney fees if you prevail. I suggest you contact Washington counsel to review your purchase documents and claims. Also, you should contact a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered 10 months ago.

    1. Thuong-Tri Nguyen
    2. David M von Beck
    3. Shawn B Alexander
    3 lawyer answers

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

    1 lawyer agreed with this answer

  10. How do you know if a short sell is the right choice?

    Answered about 2 years ago.

    1. David M von Beck
    2. Edgar I Hall
    2 lawyer answers

    A short sale will require your lender's approval, and in order to obtain that, the first step will be to put your house on the market at a "full price." You have to demonstrate to the lender that the house cannot be sold at a price high enough to cover the loan. You can learn more about the difference between a short sale and foreclosure here, in this recent article I wrote on the topic: http://levy-law.com/2012/09/short-sale-vs-foreclosure-of-your-home-does-it-make-a-difference/

    1 lawyer agreed with this answer