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William Thomas Willard

William Willard’s Answers

63 total


  • Group of investors, one is a realtor that helped buy & now selling the home. Are we Form17 exempt?

    We received an inspection when we purchased the home disclosing of all the issues related to the house. We have had 2 offers where both buyers backed out due to inspection. One summary was foundation/smell related on the form 35R. The realtor/i...

    William’s Answer

    Under Washington law the disclosure requirement (form 17) "does not apply to the following transfers of real property:

    (1) A foreclosure or deed-in-lieu of foreclosure;

    (2) A gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transferor;

    (3) A transfer between spouses or between domestic partners in connection with a marital dissolution or dissolution of a state registered domestic partnership;

    (4) A transfer where a buyer had an ownership interest in the property within two years of the date of the transfer including, but not limited to, an ownership interest as a partner in a partnership, a limited partner in a limited partnership, a shareholder in a corporation, a leasehold interest, or transfers to and from a facilitator pursuant to a tax deferred exchange;

    (5) A transfer of an interest that is less than fee simple, except that the transfer of a vendee's interest under a real estate contract is subject to the requirements of this chapter;

    (6) A transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy; and

    (7) A transfer in which the buyer has expressly waived the receipt of the seller disclosure statement. However, if the answer to any of the questions in the section entitled "Environmental" would be "yes," the buyer may not waive the receipt of the "Environmental" section of the seller disclosure statement."

    The only other partial exception is: ... "(2) If the disclosure statement is being completed for new construction which has never been occupied, the disclosure statement is not required to contain and the seller is not required to complete the questions listed in item 4. Structural or item 5. Systems and Fixtures."

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  • Quit claim deed transfer question/seeking advice...

    I have 8 names on a quit claim deed (family summer home=8 families). 3 names are being removed. 1 name is being changed from my mother to myself and 2 brothers. A couple questions: A. Should my brothers and I form an LLC to effe...

    William’s Answer

    You have a situation that could lead to a difficult, time consuming and expensive problem. You should talk with an attorney before doing anything with the property, the title, or any LLC.

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  • We had a major house fire. The contractor the insurance recommended promise us we would be back in six months.

    After 7 and a halo months the let us move in but the house was full of construction material and we only had one working sink, no shelves in our cupboards, busted seams in our sheet rock, paint missing from many places. Our deck is leaking when i...

    William’s Answer

    You have gotten some good answers already so I will only add that from a construction law point of view you start with the contractor, your contract with them, then the problems with the work - using a construction expert to give an opinion on the work. From a practical stand point, as has been stated already, talking with your insurance may help get things straighten out. However, if the contactor is not able or willing to make it right, then you may need to get an attorney involved. Also as has been said take lots of pictures and document your communications with everyone involved including the insurance company. Email is great for this otherwise, make notes as the conversations occur.

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  • MY general contractor has botched repair work needed after a flood. What can I sue him for?

    (1) The flooring he installed is a floating floor and has to be installed after cabinets. He didn't do that and is stating it isn't necessary. Experts say it absolutely is. (2) After he built a new wall too wide, he rebuilt it. In doing so,...

    William’s Answer

    You have a cause of action - you can sue. You will need good experts to support your case. You should preserve evidence of the defective work to help prove your claims. If your contractor was licensed and bonded the amount of bond is generally recoverable, the contractor's insurance may be available to you if our damages are pf the types covered by the policy.

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  • Gym contract. 1 year contract was canceled before end of the one year. told them no auto renewal. they still want to bill me.

    contract was for 25.99 per mo. they changed it to 26.00 ? also they did not keep up with the gym equip. monitors that didn't work well. and shower room and locker room was filthy. talked with front desk people and mgmt. persons an sales people a...

    William’s Answer

    I agree with the answers given so far. I want to add, having dealt with sort of situation this myself, that you should look at your contract, find the termination section and follow to the letter the procedure set out to end the contract. It may require a written notice of cancelation to a specific address, often with a certain number of days notice. One I dealt with had sold their contracts to another company in a distant city and the gym had no say about the contract. With larger gyms and especially the chains the manager in the gym may have no authority to end the contract. I would suggest using written or email communications so you can show later the steps you took.

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  • USED DUAL MOBILEHOME AGENT ALL 3 PARTIES AGREED 2 A SIGNED PURCH AMT B BACK OUT LATER HE BOT MUCH CHEAPER WITHOUT OUR KNOWLEDGE

    AGENT CHANGED THE PURCHASE PRICE WITHOUT TELLING US AND SOLD OUR MOBIE HOME CHANGING AND RE-WRITING OVER OUR ORIGINAL PURCHASE AGREEMENT FOR A CASH BUYER AFTER HE BACKED OUT THE DEAL AND WE FIND OUT LATER SAME GUY INFACT BOT OUR MOBILE HOME 1000S ...

    William’s Answer

    If the contract you signed was changed without your permission there is no contract. You may have a cause of action to rescind the contract - undo it and get your place back, you would have to return the money. If the agent was working for you and the other side, the agent still has an obligation to act in good faith and as you direct. If the agent did not follow your instruction and acted against your interests you may have a cause of action against the agent and you may be able to recover damages. You need to gather all your documents and talk with an attorney.

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  • If you sign a agreement between two party agreeing to something does there have to be a expiration date..

    I agree to drop a legal dispute with a person with a written agreement between us for a specific dollar amount. We signed off with each other and agreed to terms and his lawyer was to draft up in a legal documents and get it to my lawyer. If...

    William’s Answer

    I agree with both answers above and just want to add one more thought - in Washington settlement agreements in litigation can be enforced using Civil Rule 2A, if terms of the settlement are in writing and signed by the parties and/or their attorneys. It does not have to be in a formal document, as long as the terms are written and someone from both sides signed. Judges will enforce such an agreement in most cases. As noted by Mr. Todd the terms of your agreement may provide important terms. Without more the other side just being slow is probably not enough to rescind. You should talk with your lawyer about how you want to proceed.

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  • Insurance Company is lying.

    I have a wireless store and it gotten break in with stolen properties. Products were stolen, loss of business and income. Security gate was broken and window was smashed. Due to no inventory no sales and so it forced us to close down the business ...

    William’s Answer

    In Washington State we have laws governing how insurance companies are to handle claims. The laws and regulations require that insurance companies:

    Acknowledge and act reasonably promptly on communications about claims. Adopt and implement reasonable standards for the prompt investigation of claims. They can not refuse to pay claims without conducting a reasonable investigation.

    They must affirm or deny coverage of claims within a reasonable time after fully completed proof of loss documentation has been submitted. They must promptly settle claims, where liability has become reasonably clear.

    They must respond within ten working days after receiving notification of a claim under an individual insurance policy. Upon receiving notification of a claim, every insurer must promptly provide necessary claim forms, instructions, and reasonable assistance so that first party claimants can comply with the policy conditions and the insurer's reasonable requirements.

    Every insurer must complete its investigation of a claim within thirty days after notification of claim, unless the investigation cannot reasonably be completed within that time.

    If an insurance company does not comply with the law and regulations the insured (you) has some powerful legal remedies with can include recovery of the claim amount, damages and attorneys fees.

    For specifics you can review RCW 48.02.060, 48.30.010 and WAC 284-30-370.

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  • I am a General Contractor in the state of Washington. An architect asked me to help on a project he was doing for his client.

    My payment arrangement was as a subcontractor to the architect. The client has not paid the architect for the work done so I have not been paid. This was verbal agreement between me and the architect as we have been friends for many years I truste...

    William’s Answer

    In Washington, if the right steps are taken, it can be possible to put lien on the property where the work was performed and it may also be possible to make a breach of contract claim. Washington state law requires that a notice of lien claim be filed not later than ninety days after the person has ceased to furnish labor, professional services, materials, or equipment or the last date on which employee benefit contributions were due. 90 days actually means 90 calendar days. The procedures set out in the law must be strictly followed for a lien claim to be successful. There are requirements for notices to be given before the work is done in some circumstances - but not in others. Failure to carefully follow the requirements of the lien statute can invalidate a lien. In a lien action the winner can recover their attorneys fees – so the worker or subcontractor can recover attorneys fees from the property owner - but if the lien rules are not followed the property owner can recover from the worker or subcontractor. The breach of contract claim is not limited by the lien statute rules and is based on the agreement between the parties who arranged for the work to be done.

    Information given is general for information purposes only and does not create an attorney-client relationship. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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  • Does the written quote set expectations regarding price? and can I hold the contractor to that quote?

    I received a quote by a contractor for putting in a fireplace mantel and some electrical work with it, at no time did he indicate the work being done was exceeding the quote which was provided, until I received his bill, which he give to me 45 da...

    William’s Answer

    A quote in certain circumstances can be the contract or be part of the contract. Depending on how things were done it can set the price. Was it a fixed price quote? Was it a time and materials quote, and the price only an estimate? Did the quote have terms that allow the contractor to charge more than the quoted price? Where there any changes, change orders or unexpected conditions that required extra work? Was there a separate contract that you signed? If so, are there terms in it? These are some of the things that need to be checked. You should consult with a lawyer experienced with this type of case and show the attorney all the documents related to the job so you know your rights.

    Information given is general for information purposes only and does not create an attorney-client relationship. You should consult with an attorney of your choice to fully advise you about your legal rights and obligations. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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