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David M von Beck
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David von Beck’s Answers

73 total


  • What to do about a lien for amount twice bigger than we owe to pay?

    Our general contractor put a lien on our house and we do not agree with the amount, it is much more than by our contract. Is it easy for him to foreclose on the lien? Would he have to prove that we do owe him all these money, in court, in order to...

    David’s Answer

    If your lender is expressing concern about the lien or you intend to sell your home, you can obtain a bond and "bond around" the lien, thereby freeing your property from the lien. (The contractor would then pursue the bond.) If you believe the lien is frivolous and excessive, you can also go to court and get a "show cause" hearing to dispute the lien. You cannot "take the lien off" in eight months, but if the contractor does not foreclose within that timeframe, the lien is essentially dead and does not burden the property. However, to eliminate confusion in the future, it would be best to get a release of lien at some point, whether from the contractor or in the form of an order from the court.

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  • Is there a lawyer in WA that feels the laws for Plumbing Contractors are inadequate?

    We have recently experienced how current WA State R.C.W's do not protect the consumer. Plumbing Contractors are not required to be a licensed plumber. This facilitates false and deceiving advertising practices, to use non-licensed individuals, all...

    David’s Answer

    Plumbing contractors do need to have a valid contractor's license (plumbing specialty) to operate a plumbing business in Washington. It sounds like your problem may be with the work performed by a particular employee. Ultimately, the company is responsible for an employee's defective work, and so your claims would be against the plumbing company and its contractor's bond.

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  • Do i need a real estate attorney if I have an HOA lien placed on my property?

    I fell behind on my HOAs and then received notice of a lien on my property. I am trying to negotiate with their attorney to a payment plan, but am worried I'm being railroaded into a payment plan that even if I'm late by one day they could foreclose.

    David’s Answer

    If you are negotiating anything that involves a legal obligation to pay money -- particularly if the other party is represented by counsel -- you would be wise to retain your own counsel to better understand your rights, risks, and obligations.

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  • What rights do i have as a consumer when a homeowners insurance claim is denied?

    I am experiencing water intrusion into a wall on my main floor from the roof as a result of recent storms. I have field a claim, had a restoration come twice to assess, document and provide an estimate. Belfor believes that this should be covered,...

    David’s Answer

    Wind-driven rain may well be a covered cause of loss under your policy.

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  • Trouble with a non-responsive contractor

    I had a company put on new roof and gutters a couple months ago. They subbed the gutters. When the gutters were going on, I asked the installer what shape the fascia was in after he removed the old gutters. Due to the way the old ones were hu...

    David’s Answer

    I suggest you make a written demand for them to agree to remove and replace the gutters at no charge. If that doesn't work, you may need to hire legal counsel.

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  • In Washington State, house in final period b4 foreclosure, owner receives offer to purchase house can foreclosure be halted?

    House is due to be foreclosed on May 1. I have a valid offer for purchase of the house. How can I stop the foreclosure while the purchase and funding complete?

    David’s Answer

    Your first step should be to contact the law firm or company that is handling the foreclosure. It will be out of the hands of the lender by now and so it likely won't do any good to start there.

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  • Under what specific area "practice" would I seek an attorney to represent me in the scenario below?

    My wife and I recently attempted to purchase a home. We asked our Real Estate Agent to present an offer to purchase. Later we discovered our Agent did not present our offer to the Listing Agent.

    David’s Answer

    If the house was ultimately sold to another buyer at a price equal to or below your offer, you might well have a claim worth pursuing against your realtor. The challenge will be demonstrating your damages -- that is, what you "lost" (other than just ownership of that house) in terms of dollars as a result of your agent's failure to convey the offer to the seller or the seller's agent. One type of damages would be the value of the property above the price you intended to offer. But that will involve expert testimony and it will not be an easy task. The best next step for you may be to report your agent's conduct to the Department of Licensing (using this form: http://www.dol.wa.gov/forms/600006A.pdf) and then, of course, finding another agent.

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  • Do I have a case if information was not disclosed to me during negotiations when buying a property in Washington State

    After recently purchasing a property in Washington State, it has come to our attention that the seller's agent gave us misleading information with regard to repairs which had supposedly been done to the property (providing invoices) only to find o...

    David’s Answer

    Yes, you may have a claim if the listing agent or seller provided false information about repairs to the property.

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  • I repaired a home for a percentage of the homes value not recorded now other person reniges agreement where do I stand

    home was appraised prior and after repairs necessary to obtain va financing

    David’s Answer

    You may have a claim against the owner for unjust enrichment, based on the value you added to the home for your work.

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  • Who is liable for cost of clean-up and repair? Inspector, Sellers, or . . .? No warranty, house is over 10 years old.

    Purchased home 10 months ago. Entire kitchen floor is damaged: leaking dishwasher and extensive mold through cabinets and drywall. Inspection found crawl space standing water (sellers fixed) but noted nothing in kitchen, only bath baseboard needed...

    David’s Answer

    Without reviewing your agreement with your inspector, and the Form 17 disclosure, it is difficult to assess the potential exposure of the seller or the inspector. Inspectors' agreements often include a clause limiting liability to the amount you paid for the inspection report. With regard to the seller, you will need to obtain evidence that they knew of the underlying damage. Finally, with regard to the lender, I know of no reason why the lender would be liable here.

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