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Michael Duane Daudt

Michael Daudt’s Answers

179 total


  • I had new shingle roof installed at my house in April 2015. The roof company presented in his bid a 50 year warranty from the

    shingle manufacturer. The manufacturer had not issued up to now my warranty certificate. The roof company is not responding to my request regarding the warranty. I am afraid the installation was bad for the manufacturer to refuse to issue the w...

    Michael’s Answer

    Before pursuing legal action against the roofer, you'll need to determine whether the installation was actually defective. This can be determined by an inspection by a qualified expert. If there is any chance that this wind up in a lawsuit, you should engage a lawyer to hire an expert on your behalf rather than finding one on your own.

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  • What is the normal process for closing a new construction home that has outstanding issues that are not acceptable to the buyer?

    There were many outstanding construction issues with my new home when escrow closed and because I was only notified a couple of hours before closing that the items were not complete and that keys would not be provided upon closing, I was unable to...

    Michael’s Answer

    There is no law in Washington requiring a hold back on a home sale. That is something that is up to the parties to negotiate.

    To determine whether you have a case against the builder, you will need to send your construction contract and purchase documents to an attorney for review. You should act quickly, because construction contracts sometimes include provisions that shorten the time to file a lawsuit that would otherwise be allowed by the statute of limitations. It is not uncommon for construction contracts in Washington to require any lawsuits to be filed within 1 year.

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  • A structure fell on my building and damaged my property. Am I entitled to lost wages for auto repairs and punitive damages?

    I can prove the structure was not properly maintained and suffered metal fatigue, which caused the collapse. The insurance company for the structure owner said they would cover lost wages, a rental vehicle and repair costs to my vehicle. After ...

    Michael’s Answer

    Do you own the land on which the incident occured? If so, and depending on what happened, the waste statute may apply. Under the waste statute, you can claim "treble" damages (3 times actual damages), plus attorney's fees. If the waste statute doesn't apply, you can only recover your out of pocket costs. Washington law does not allow for punitive damages.

    It is a stretch to claim lost wages for the vehicle repair, but I don't know that there is a definitive rule in Washington that would preclude you from claiming that.

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  • "Landlocked" neighbor demands easement through my property. What are my rights?

    My neighbor bought a surplus property years ago. This property was landlocked thirty years ago by the creation of Highway 16 near Purdy, The only access to this property is through Washington state DNR "school" land, or my private property. Th...

    Michael’s Answer

    If a property has no other legal access, the owner can acquire an "easement by necessity" across neighboring land. But they have to pay for it and they don't get to dictate where it will be located. You should hire an attorney to assist you in evaluating whether this situation truly qualifies for an easement by necessity and to help you negotiate an easement if necessary.

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  • Contractor did poor work . What do we do? Do I have someone else do the work or what steps do I take next?

    The work which was basically a bathroom remodel was recently done and paid for and my tenants tell me that it is now falling apart. I called the contractor and relayed this information and he made two appointments to come back and look at the ...

    Michael’s Answer

    You really should engage an attorney to discuss your options. If you have a written contract with the contractor, you should have an attorney review it. If there is no written contract, you may be free to just hire someone to fix the work and then go after the first contractor for reimbursement. That does not mean you will necessarily prevail or be able to collect much if you do prevail, however. You may be limited to 1/2 the bond amount in these circumstances.

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  • I received a violation for grading & a retention wall. My neighbor has a perpetual easement on this land. Who is responsible?

    The grading and retention wall violation are on the land within the easement area. The easement is part of the deed and reads "a perpetual, exclusive easement on, over, under and across the portion of [Grantor] ... for [Grantee] exclusive use and...

    Michael’s Answer

    Your neighbor may be responsible for the maintenance, but it would require a review of the entire deed to determine that. Even if your neighbor is responsible for maintenance, you may still have some responsibility for the violations depending on the nature of the violations and what caused them.

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  • On the sale of residential real estate, can a private individual be the lender (beneficiary) and the trustee on a deed of trust?

    We are buy a house that our friend is financing us privately with a promissory note. We are filling out a Deed of Trust and it asks for the Beneficiary (or lender) and the name of the trustee. Our friend is going to carry the note and hold the t...

    Michael’s Answer

    I wholeheartedly agree with the other answers--you need to get an attorney to review all of the transaction documents for you before you sign anything. You will very likely run into legal problems down the road that will cost you a lot more to address if you skimp on getting proper legal advice up front.

    The beneficiary cannot act as the trustee on a deed of trust in Washington.

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  • Can you help me sue google for harassment.

    I am on the national no call list. I have informed them (google) that I am no longer in business and am retired. they continue to call even after I ask them to stop calling and take my name off the list . this has continued for over 2 years and I...

    Michael’s Answer

    You can't sue Google unless Google is calling you or Google has hired whoever is calling you. You may be able to sue the party that is actually calling you, however. Contact a lawyer who handles Telephone Consumer Protection Act (TCPA) cases.

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  • My question is a property easement question

    I live on a private rd in rural pierce co wa the rd is 30 feet wide 20 feet is for roadway and 10 feet is a Puget sound energy easement.my neighbor is using the 10 foot power easement for access to his property is that legal since I own it ??

    Michael’s Answer

    If the 10 foot easement is truly only for PSE, it does not give permission for others to use it for access.

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  • Is there a lawyer willing to take on ATT

    I had cancelled my services from ATT wireless. ATT has not prorated the last month/final bill citing policy issue. I find it ridiculous that ATT is negating system generated proration and charging till last day of billing month. Cable, utility an...

    Michael’s Answer

    You cannot file a class action against AT&T, due to the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 563 U.S. 321 (2011). That case held that AT&T's standard "arbitration" clause prevents AT&T's customers from suing it in court in a class action, or individually for that matter. The Concepcion ruling is essentially a license to steal from customers, courtesy of the Republican-appointed members of the U.S. Supreme Court.

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