William Thomas Willard's Answers

William Thomas Willard
Seattle Real Estate Attorney.
Contributor Level 9

2

Attorney answers:

  1. William Thomas Willard
  2. Theodore W. Robinson

Neighbors at our soon-to-be new house suddenly claim our tree is damaging their foundation. What's our potential liability?

Asked by a user in Seattle, WA - over 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer. These cases can be very fact specific. There is case law in Washington on the responsibilities of tree owners in situations with root intrusion. The cases are very fact dependant. With all the specific facts you could obtain a legal opinion on the situation. However, you do not appear to have...

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Attorney answers:

  1. William Thomas Willard
  2. Charles Kenworthey Harer

Can an HOA in Washington state foreclose an assessment lien it recorded against a person's primary home?

Asked by a user in Tacoma, WA - about 3 years ago.

I would need to more to answer your question. You do not say what type of HOA or what powers the HOA’s governing documents provide for. However, as an example in Washington a condominium HOA when the governing documents provide for it, can when a homeowner’s monthly assessment remains delinquent have a lien against that unit. That lien can then be foreclosed by the HOA. You should consult with an attorney in order to answer your question. This material is for informational purposes only...

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Attorney answers:

  1. William Thomas Willard

Who is responsible for water runoff that affects downhill residents?

Asked by a user in Kent, WA - about 3 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, should consult a lawyer. Washington has a legal doctrine referred to as the common enemy doctrine which allows landowners to alter the flow of water to the detriment of their neighbors. Washington courts have recognized this rule in some form for more than a century. The rule is that surface water, caused by the falling of...

3 people marked this answer as helpful

4

Attorney answers:

  1. William Thomas Willard
  2. Elizabeth Rankin Powell
  3. Robert Daniel Kelly
  4. Barry F Gartenberg

I signed a retail space for two years and things are not working out. The lease was not notarized. I was informed that a

Asked by a user in Issaquah, WA - about 1 year ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer. In Washington if the interest in real property is for more than one year there has to be in writing and it has to notarized in a specifically required way - just a regular notarization may not do it. It is surprising how often it is not done correctly. The lease if not done correctly it is void...

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Attorney answers:

  1. William Thomas Willard
  2. Kevin Brendan Murphy
  3. Mark Rosencrantz

I had a franchise which was sold mar 2009. I had this entity for 7 years. During the last two years, I had an agreement with an

Asked by a user in Renton, WA - almost 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer. If you are being sued you need to defend yourself in court. You must follow the requirements of the courts rules or the court may enter a default judgment against you. Your legal situation is difficult to comment on without seeing all the written materials, including your franchise agreement...

1 person marked this answer as helpful

2

Attorney answers:

  1. William Thomas Willard
  2. Madhumeet Kaur Singh

Business Licenses/Permits

Asked by a user in Seattle, WA - about 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. For legal advice about your specific situation and needs you should consult a lawyer. Starting a business in Washington is fairly easy. Anyone looking to start a business should review the Washington state’s Department of Licensing website that provides information about starting a business and access to forms. The site is at http://www.dol.wa.gov/...

1 person marked this answer as helpful

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Attorney answers:

  1. William Thomas Willard
  2. Joseph A Blaszkow

My cleaning lady got her car vandalized while working for me. Her car was parked on the street and someone broke in her window.

Asked by a user in Seattle, WA - about 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer. Insurance is a contract that can reimburse for loses that happen to whatever has been insured. The terms of the policy set out what is covered and what is not covered. Generally renter's insurance covers the insured person's things in a rental unit - it does not cover the apartment or house or...

1 person marked this answer as helpful

2

Attorney answers:

  1. William Thomas Willard
  2. John J. Sullivan

Do I need a business license to sell items on etsy.com?

Asked by a user in Seattle, WA - over 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer. Under Seattle City Code if you are located in the City of Seattle and engage in business activity the Code requires that you obtain a business license. Under the Code the term "engaging in business activity" means commencing, conducting, or continuing in business,… Most larger cities in...

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2

Attorney answers:

  1. Shawn B Alexander
  2. William Thomas Willard

Who arranges for repairs after major water damage occurs in a condo---the HOA insurance company, the HOA, or the owner?

Asked by a user in Issaquah, WA - over 2 years ago.

The following should not be taken as legal advice, but as information based on general principles of law which is intended to educate. Condominiums are shared ownership. Often the common and limited common areas are the responsibility of the HOA. A problem in a common or limited common area should be covered by the HOA insurance. The area within your unit is generally your responsibility. You should have your own insurance for the unit. The HOA documents and insurance policies...

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Attorney answers:

  1. William Thomas Willard
  2. David Hamlin Madden

My mother was asked to sign a release form before she can get her money back from a seedy HVAC company, is that legal?

Asked by a user in Seattle, WA - over 2 years ago.

The following should not be taken as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, you should consult a lawyer licensed in your state. Releases can be legally enforceable and binding in Washington. Under Washington law there are protections for consumers and for vulnerable persons. Your mother may have considerable legal rights depending on the specific facts of her situation. If you believe the first...

1 person marked this answer as helpful