Alexander Harris Solon Thomason's Answers

For Sale by Owner

It depends on how comfortable you are with a residential purchase and sale. If you have purchased several properties, are intimately familiar with the "ins and outs" of a Form 17 disclosure, of the buyer's duty to investigate, of the seller's duty to disclose hidden defects unknown to the buyer, of which seller is aware, and that present a danger to health or property, and cannot be disclosed by careful reasonable inspection of the buyer--then I don't think you need a lawyer. However, in...

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Discovery of evidence in mediation?

Mediation is generally a voluntarily procedure that is used before or during litigation. There is not really anything called a "formal" mediation--mediation is informal and non-binding. Everyone is there to give and take; if you don't like the result, you walk out and continue/start fighting in court. If you have started a lawsuit, you can get their documents via the discovery process and subpoena power. If you have not, then generally you cannot force a private party to turn over documents.

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Commecial office space tenant - HVAC problem

It depends on the terms of your lease and how miserable you are. What are your potential claims? Breach of the Lease, warranty of habitability, and covenant of quiet enjoyment. First, the lease should have an obligation to provide appropriate utilities and services (air). Second, the landlord generally must grant "quiet enjoyment" of the property (give you air). What will your landlord do? In my experience, nothing unless you put the boots to their head. Ask yourself whether their...

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Suing my home owners association

Of course. The Home Owners Association owes many duties to the homeowners.

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Received letter from Palmer, Reifler & Associates, P.A. requesting $660 - should i pay it?

In Harold Meyer Drug v. Hurd, 23 Wash.App. 683 (1979), the court held that “because the store owner immediately recovered the undamaged (property) ... the store’s principal purpose in bringing the suit appears to be to harass...” As a result, the Court found the civil claim to be “frivolous." They probably would sue because this firm makes their money through matters just like yours. Personally, I would like to see this form of collection action challenged so that there is a clearer answer...

Can a construction contractor- fully paid for deck rebuild under a written contract - file a claim for additional money later?

Your experience is not atypical. Look at the version of contract you signed, is it an "AGC" contract? If so, there should be a provision in the contract describing the procedure for change orders. Your situation appears to be the contractor's attempt to collect for an unsigned change order. If he files a lien, you must, and I repeat must, hire a construction litigator because he can have your house sold. The procedure to remove the lien is found in RCW 64.04.081. Basically, your attorney...

School zone speeding ticket

Was the posted speed limit 30 mph, 20 mph "when children are present?" In other words, were you cited for 34 in a 20 mph, 34 mph in 25, or 34 mph in a 30 mph zone? I suspect it is the 20 mph citation. WAC 468-95-350 defines "When children are present." If kids aren't there within 300 feet, then it's not a school zone, and the higher limit applies. Make your life easy, do what I do when I get a ticket: hire Jon Zimmerman. His info is on the web.

Can a manager of LLC that is winding up refuse to pay an investor until they sign away rights to accounting AND become lender

The answer to your question will be found in the LLC's operating agreement, and if there is no such agreement, it will be found in the Revised Code of Washington Chapter 25.15. You should have an attorney that is familiar with LLC minority shareholder oppression lawsuits look at your documents.

I have interest in several LLC's of which I have anywhere from 15% to 50% ownerships. I am being sued personally. How would a

Your ownership interest in an entity is personal property, and if you are married, the property of the marital community. What assets does each LLC hold and how much are you being sued for? If it's substantial, you need to either hire a litigation attorney or a bankruptcy attorney. If you are being sued by an aggressive and competent firm, they will (1) obtain a personal judgment, (2) conduct a UCC-1 asset search and a multi-county property search, (3) obtain a writ of execution and break...

Do I need to pursue litigation?

There are many factual questions that need to be investigated. I recommend you contact Jonathon Nolley with the Emerald Law Group at 206-234-4853.