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David M von Beck
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David von Beck’s Answers

73 total


  • What can I do about special assessment cost that I was not aware of it during the purchase

    bought a condo on May 31st(closing date). received resale certificate on April 28th and there was not any special assessment reported in it. On June 20th received a mail that asked me to pay 100 dollars for three years starting from July 2016 fo...

    David’s Answer

    There is a reported case here in Washington in which the court upheld the condo unit seller's liability for failing to disclose known defects and a pending special assessment to the seller. If the sellers of your unit knew of the special assessment prior to closing, then a court will likely hold them liable to you for failing to amend the resale certificate or otherwise disclose the assessment to you. If you are paying $100/month for three years, that is no small sum so you should pursue the sellers for a remedy.

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  • Can I expect my builder to correct drainage issues which may have caused a slide on my property?

    I bought a house in a new view community on a coastal bluff. I have expressed concern about drainage multiple times and been told by the builder that it's okay that our lot is continually wet in one area and as long as it doesn't have standing wat...

    David’s Answer

    You certainly may have claims against your builder, but the nature of those claims could depend on your written agreement including any scope of work and specifications.. Also, it is unclear from your question whether the landslide affected your property only, or another property, or multiple properties. You may also want to look at your insurance policy. You should hire legal counsel without delay.

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  • Is a Fraud 'Quite Claim Deed' Criminal?

    fraud 'Quite Claim Deed' 14400 130TH AVE NE Kirkland 98034 WA

    David’s Answer

    It may or may not be illegal, but your best path to recovery if you have been the victim might well be to pursue a civil lawsuit against the wrongdoer.

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  • Is it possible we can be held responsible just because we made a non-structural repair and did not disclose it?

    We sold a home 18 months ago and the new owner is requesting we pay for a damage repair due to water infiltration around a window. They intend to take us to small claims court if we do not agree to pay the full amount for the repair. We admit that...

    David’s Answer

    The Form 17 disclosure statement does not require you to disclose a prior defect if it has been repaired, with a few exceptions. You did not have to disclose this repaired defect.

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  • How can I win this case once and for all and why does it keep getting postponed?

    I recently bought a property from an heir. However he didn't disclose that the property was sold to a family friend at a loss. I have the deed in my with me but I was taken to court over the land. the issue is that the case is 3 years old and it k...

    David’s Answer

    It is difficult to tell from your short summary why your case keeps getting postponed. However, it does sound like you may have strong claims against the "seller" of your property. It is also unclear whether you are currently represented by counsel, but if not you should seriously consider retaining counsel with experience in real estate transaction litigation to fully represent your interests.

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  • Is the property that my carport sits on my property? Or adverse possession, ect?

    Have property in west seattle that has a carport attached to a garage that was probably built in the 50's. I have owned it for 10+ years. The property next door is currently being developed. The new owner/developer has called me and said that my c...

    David’s Answer

    You may well have an adverse possession claim based on those facts.

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  • Do I have legal recourse to the person how signed the contract to remedy the efficiency in my roof

    I installed a new roof on my house on 9/6/2000. In the contract the material is warranted for 30 years the labor for 5 years. My roof (materials) is failing. It was one contract signed by the installer who owns his company and who purchased the m...

    David’s Answer

    Your first step should be to confirm whether in fact the roof material manufacturer is out of business. This should include determining whether that business was sold or transferred to another entity that may have an ongoing obligation under the material warranty. Given the age of the roof, and the applicable statute of limitations against the installer (six years), plus the expiration of the five-year labor warranty, your only claim appears to be against the manufacturer.

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  • Who is liable for the damages, their realtor, our realtor or the seller?

    We recently bought a house. After signing the contract but before the close date, the previous owners took apart the back deck and closed in porch. We alerted our realtor to the issue 4 days prior to close who said he would take care of it. He di...

    David’s Answer

    Your realtor assured you that he would take care of it, and you relied on that in proceeding with the closing, but he breached his promise. You likely have a claim against your realtor, and perhaps the seller as well.

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  • How to remove invalid contractor's lien

    Building a new home. The contractor did a bad job pouring concrete driveway and refuses to fix. We did not pay him the balance for this reason and he placed a lien against our property. We need to deal with the lien.

    David’s Answer

    If the lien can be shown to be frivolous, we may be able to get it removed via a Show Cause hearing, but we will want to address the contractor's breach of the contract as well. The lien is only one component of your claim for shoddy work.

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  • Can I lien his property to recover my costs?

    I own a residential rental property. A contractor built a new home next door. He changed the topography of my front yard landscaping, while building a driveway for the new home. He seems to be unwilling to make it like it originally was. I will n...

    David’s Answer

    You cannot file a mechanic's lien, which can only be filed against a property by suppliers of labor or materials to that specific property. If you filed a lawsuit and obtained a judgment, that judgment would be in place as a "judgment lien" against that property, and it might then be a source of recovery if and when the property is sold.

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