Jordan K. Foster's Answers

Jordan K. Foster
Tacoma Landlord / Tenant Lawyer.
Contributor Level 12

4

Attorney answers:

  1. Jordan K. Foster
  2. Elizabeth Rankin Powell
  3. Thuong-Tri Nguyen
  4. Shawn B Alexander

24 month lease. Is it valid?

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

Mr. Alexander’s statement regarding a 2-year lease must be recorded to be enforced against a subsequent purchaser is correct; but misses the call of the question. [Generally, a lease with a term of two years or more, or a memorandum of that lease, must be recorded in the real property records of the county where the property is located if it is to enforced against a subsequent purchaser. RCW 65.08.060-.070. However, these leases are often not recorded and, in some cases if the lessee has...

Selected as best answer

3

Attorney answers:

  1. Jordan K. Foster
  2. Daniel Robert Hamad
  3. Brian Andrew Leung

Foreclosure and mechanic's lien

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

You need to have this matter reviewed by an experienced construction attorney. Many will offer free consultation. There are many attorneys within the Spokane area, call one. If the construction work began prior to the time the mortgage/deed of trust was recorded by the bank or lender, then your mechanic’s lien might have priority over the mortgage/deed of trust. See RCW 60.04.061 (link below). This means that your lien could have priority over the mortgage/deed of trust – i.e. you get...

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. Elizabeth Rankin Powell

If you sat on a piece of land for 15 years and its tidal land can you homestead that parcel?

Asked by a user in Spanaway, WA - 12 months ago.

Although, I generally agree with Ms. Powell's assessment, I would point out that some tidal land in Washington is privately owned, as it was staked or claimed prior to statehood. Though, these locations are generally very rare. You should bring this matter to an attorney to see if there is anything to be done. You do have a right to notice and opportunity to be heard.

Selected as best answer

3

Attorney answers:

  1. Jordan K. Foster
  2. Shawn B Alexander
  3. Christopher Lee Thayer

What recourse does a buyer have when Form 17 wasn't fully filled out, but my agent promised it would be prior to closing?

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

I do not want to be overly pessimistic about your issue, but this type of claim has become increasingly more difficult to prove over recent years. In 2007, the Washington Supreme Court decided the case of Alejandre v. Bull, 159 Wn.2d 674, 689, 153 P.2d 864 (2007). This case reinforced the principle of caveat emptor (or buyer beware) against parties entering into a contract. Hence, there is more emphasis upon you as the buyer to be fairly thorough in inspecting the property and seeing that...

Selected as best answer

3

Attorney answers:

  1. Jordan K. Foster
  2. Scott G Wolfe JR
  3. Steven Alan Fink

Do I have a fighting chance in court over bond due to contractors work resulting in property damage

Asked by a user in Washington - over 2 years ago.

Mr. Wolfe provides a good answer - and I agree you do have a fighting chance. But don't wait in pursuing this matter because there are short time limitations in going after a contractor’s bond (see link below). Also, you do not have to limit recovery solely on the bond – as in most cases the bond is not adequate to cover the full amount of the claim. You should be suing the contractor as well. Consult with an attorney who handles these types of cases.

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. Valerie Farris Oman

Is it normal for a H.O.A. Managment Company to charge separately in the excess of 100+ dollars per month for typing letters?

Asked by a user in Seattle, WA - 12 months ago.

Demand the contract and an explanation... go to them directly and demand it. Don't let them spend your money without any explanation. You can also fire them and get a new management company.

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. Elizabeth Rankin Powell

Do Real Estate Attorneys out there give free consultations to determine if an attorney would be feasible in my situation?

Asked by a user in Federal Way, WA - over 1 year ago.

Yes, a lot of attorneys do offer a free consultation. If you cannot find an attorney on Avvo that does so or you have trouble finding one, you can contact a local lawyer referral service for a minimal fee they set you up for 30-minute consultation with an attorney. Pierce County (253) 383-3432; King County (206) 267-7010. My office would also be happy to set up a free short consultation.

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. David M von Beck

Do I have a claim of Adverse Possesion?

Asked by a user in Washington - almost 2 years ago.

Your first step should be trying to reason with your neighbor and explain to them this fence is going to cause a disturbance and interfere with you property. If there is no reasoning with them you may have recourse under the “spite fence” law. RCW 7.40.030 specifically provides as follows: “Malicious erection of structure may be enjoined. An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an...

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. Theodore W. Robinson

As a contractor, am I liable for damages caused by a toilet supply hose failure 4 years after installation?

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

It does sound like the insurance company is doing a bit of fishing to see if they can recoup their costs for having to pay out this claim. Hence, they sent you a letter demanding reimbursement, blaming you for the cause of the flooding. You should be prepared to defend this, if necessary, and have your own investigation of the cause of flooding… and by no means, do not admit any fault or make any sort of statement to the opposing side until you’ve had an opportunity to fully review this for...

Selected as best answer

2

Attorney answers:

  1. Jordan K. Foster
  2. Daniel Robert Hamad

Can you be evicted due to asking the landlord if she has a permit? Is it legal to retaliate against your tenant for repair issue

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

A landlord is required to provide habitable living space to tenants. If you are a tenant and there is anything wrong with utilities or other necessary items to keep the living area habitable, you need to notify the landlord in writing of the issue and ask that they repair. As a tenant, you are entitled to a habitable living space and quiet enjoyment of the property. You do not state whether you have a written lease agreement or not. If you do not have a written lease agreement, then you...

2 lawyers agreed with this answer