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Rand L. Koler

Rand Koler’s Answers

181 total


  • If I have a Washington Corp and an employee moves to Texas and e-mails his work to me, is this considered "transacting bus in TX

    I have a Washington corp with facilities in WA. An employee is moving to Texas but will work for me remotely. He is a draftsman so he will be sending drawings to me via e-mail. I will be mailing paychecks to him. Is this considered "transacting bu...

    Rand’s Answer

    This is best answered by a Texas lawyer. Usually there is an ombudsman, or central state office, that can direct you to the right person or state agency.

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  • Wa state - Real estate contract subject to seller finding suitable replacement property

    Is it legal to have a contract be contingent that the seller will have another property lined up for purchase? It's legal and standard for for the contract to be contingent for the buyers property, but I've been told the situation is different f...

    Rand’s Answer

    This is certainly ok but it will discourage many people from entering into a contract to purchase. Some care with the provision could temper that response.

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  • What are my options for a company that didn't provide a paid for service.

    I was starting an online business and had a very early and basic website built. I was contacted by a company to turn that into a mobile website and they would redo the website to be much more professional and business friendly for free. Later I ...

    Rand’s Answer

    If you can show that this was a pattern of behavior or that they advertised, then you may have a consumer protection action which allows treble damages up to $25,000 and a judgment for your attorneys' fees. A lot though depends on the contract between the two of you.

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  • Can I get my money back?

    I purchased a 1975 aluminum boat from Craigslist for $8k. Seller claimed there were no leaks in boat. Seller and I took boat in water for test drive. I inspected the keel of the boat; the only water I saw was because we just pulled it out of lake....

    Rand’s Answer

    You may have a case for concealment. If the defect was not apparent, you would not reasonably be expected to see it, and you can show that the seller probably knew of the defect and misrepresented the condition to you you could prevail. This should probably be brought in small claims court though. You can get a judgment for your attorneys fees for claims under $5000 filed in superior court but you would have to pay a lawyer maybe $4000 to sue there and you'd have to be pretty certain that the seller could pay the judgment so that you could collect it.

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  • Is a CR 26(i) Conference of Counsel Required In This Case?

    I am a judgment debtor in a lawsuit, not a named party. I am representing myself in the supplemental proceedings. Is a CR 26(i) conference of counsel required prior to making a motion to compel discovery?

    Rand’s Answer

    By its terms it applies. In my experience it is common practice in supplemental proceedings to certify that the conference has taken place.

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  • Is this a contract? I was working as a caregiver and accepted a job for a private party. He sent me an email stating my job

    duties etc and thanking me for accepting the position. I accepted the job obviously orally in person. There are no actual signatures. Is this a contract?

    Rand’s Answer

    Washington is an "at will" state so an employer absent a clear agreement to the contrary can fire any employee at any time assuming there is no other improper activity involved. Your agreement being verbal would be virtually impossible to enforce without more.

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  • If a import car is sold to me, and I was given no bill of sale or title, is this a scam? Should I get legal help?

    Between 5 or 6 months ago, I bought a import car from a co-worker of mines friend. It was a legit small time import company based in Everett WA. After not sleeping at all since it was right after my shift at work that we went and looked, I relucta...

    Rand’s Answer

    This does sound odd. He sold you the car when he did not have valid title. You could get from him the contact information from the agency that he says will issue title and try to discuss this with them. If you are not satisfied with the information you get you can fill out a police report and/or contact the consumer protection division of the Attorney General's office. If you choose to sue you may have a consumer protection claim which entitles you to treble damages up to $25,000 and your attorneys; fees.

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  • Are there laws that prevent my neighbor from making changes to a shared driveway in a common access easement?

    I live in north western Washington state. I have a 20 ft access easement in common with my neighbor, where 10 ft of each property along the common property line is supposed to be for access. The neighbors just built a new house and have revised t...

    Rand’s Answer

    You need a review of the easement but normally the control of the easement is joint, that is you must both agree to changes is the surface, repair and maintenance. Assuming that the easement is valid and customary, you have an easement over his property and he over your side of the line. Neither of you may interfere with the rights of the other. If you do nothing your easement rights over his property will terminate, so you must inform him that he must remove the impediments. If he refuses and you do not bring suit in a number of years your rights will terminate by estoppel, or adverse possession.

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  • How can we bill the seller for cleanup after our purchase has closed?

    We closed on our first home purchase on 8/17. The seller did not remove all trash and debris from in and around the house before closing. We have understandably denied her offers to come clean herself. We have been in contact via email regarding h...

    Rand’s Answer

    You say that she breached the agreement. To give an accurate answer the terms of the agreement need to be reviewed. If it is true that she breached the agreement, you are entitled to damages in the reasonable amount that that it takes to cure the default. If you sue and she breached the agreement, you should be able to get reasonable attorneys fees under the agreement and by statute if the amount is $10,000 or less. Be careful though of the offer to clean it up. You will need a good reason not to have accepted the offer. There may be a number of good reasons but you have a duty to mitigate damages and a judge could say that your refusal to let her fix the problem breached this duty, so be prudent.

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  • QUICK CLAIM DEED

    MY HUSBAND AND I GOT A LEGAL SEPARATION 3 YEARS AGO BUT ARE NOW BACK TOGETHER. WE REVERSED BACK TO BEING MARRIED LEGALLY NOW AND WE ARE WANTING TO PUT MY HUSBANDS NAME BACK ON THE PROPERTIE'S WITH A QUICK CLAIM . WITH HIM AN...

    Rand’s Answer

    The mechanics of doing this are very simple and you should be able to have a lawyer do it for you at little cost.

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