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David M von Beck
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David von Beck’s Answers

73 total


  • During the sale of a house (short sale), with a signed contract by all parties, is the seller able to back out of the contract?

    This is a short sale in Marysville, Washington state. The contract was signed on May 2nd by the seller and the buyer. The seller's bank approved this contract on June 10th. I'd be happy to provide other pertinent details.

    David’s Answer

    If the seller backs out, you may be entitled to damages or specific performance.

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  • Can I sue my home builder to put a drainage system in my yard due to flooding issues? They lead me on and now they wont fix it!!

    My family bought a new house last year and have had constant issues with standing water in our backyard..Our yard isnt very big as it is so when half of our backyard has standing water, it becomes unusable with kids. Our neighbors are also affecte...

    David’s Answer

    You may have a claim based on the representations made by your builder and the conditions at your home. You will need to have an attorney review your documents, and perhaps have an expert view the conditions at your home and yard with regard to the drainage issues.

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  • Our realtor filled in the wrong address on an offer we made. he sold us the wrong house. by the time we discovered the error the

    time we found out, the one we thought we had made an offer on had sold--options???

    David’s Answer

    This does sound like an error by your RE agent that creates a claim for you. The question is, what are your damages? You will need to look at the value (and price) of the house you ended up buying versus the house you did not get, as well as other aspects of your situation that are different than what you had anticipated based on having purchased the wrong home.

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  • If I signed a quit claim during my divorce, can I be forced to sign a Satisfaction of Lien 5 years after the fact?

    As a condition of my divorce agreement my ex-husband paid me 60,000 for my share of our property and I signed a "quit claim". Now my ex wants to sell the property (condo) and I have received a letter from his attorney informing me that if I do not...

    David’s Answer

    To answer your last question first, it seems unlikely that you have a claim for compensation due to stress from this incident. You mention "other incidents" but don't specify any details, so it is impossible to say whether there has been any action by your husband that would consitute the negligent infliction of emotional distress or give rise to a similar claim. As for the satisfaction of lien, without knowing the nature or timing of the lien that your ex-husband's counsel is now seeking you to acknowledge as "satisfied," it is likewise difficult to provide you with any real direction. It seems to me you should consult with a lawyer. You may even have a bargaining position to consider with regard to the demand that you sign that document.

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  • Tree service took down the wrong trees

    I hired a tree service to remove a 2 trees on my property and prune 3 other mature trees. The service contract clearly identifies the trees to be removed, and the trees to be pruned. However, they removed all 5 trees. A consulting arboris...

    David’s Answer

    • Selected as best answer

    Assuming your arborist's evaluation of the destroyed trees is accurate, you do appear to have a valid claim for just under $10,000. To pursue the bond and liability insurance, you would typically need to file a lawsuit in Superior Court. However, sometimes we are able to work directly with the contractor's liability insurer to procure a payment for our clients in such circumstances.

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  • My husband passaway and my house burned down recently but the insurance give two option to pay off loan or to rebuild my house

    what is the best thing to do? and if my husband own 30,000 in the hospital bill now in the collection what gonna happen to my property

    David’s Answer

    Your homeowners insurance company, under a typical policy, is obligated to either pay you to rebuild the house (up to the insured dwelling value as stated on your policy's Declarations page) or pay you the "ACV" (actual cash value) of the property at the time of the loss. ACV takes depreciation into account, so it will be a lower amount than the rebuilding costs. However, you only get the rebuilding costs if you actually rebuild. The answer to your question depends on whether you have a mortgage on the property, the amount of that mortgage relative to the property value (including the value if the house is rebuilt), your available alternative living arrangements, and your other debts and income. So, I suggest you contact an attorney to help you plan a sensible strategy given your options under the policy and the medical bills you mention. Time may be of the essence, as insurance policies typically have a stated limitations period for pursuing actions against the insurer.

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  • I purchased a new home 17 years ago. The roof is now sagging. Do I have any legal recourse against the builder?

    I am a resident of the Fox Run, Phase 1, Lot 10, Housing Development. My home design is the "Kingston" design and was built in 1995. A vaulted ceiling was built in the living room/dining area by the front bay window.. The roof in this area is ...

    David’s Answer

    The applicable statute of limitations for such claims is typically six years. However, some manufacturers of roofing and other materials to provide separate, material-only warranties that extend up to 30 and even 50 years. You may want to check with the inspector, or hire a structural engineer, to get information on exactly which components have failed. This could help you determine whether there is any applicable warranty that you might rely on for a remedy. But if the problems are caused by workmanship, I think the statutory limitations period has long since expired on any claims against a builder or designer. Good luck to you.

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  • Will homeowners insurance cover a land dispute issue over an easement

    I just heard that a friend is in a dispute over an easement with their neighbor and they said that their homeowners Insurance is taking care of the bill??? Really?? since when does homeowners Insurance cover Attorney fee's for a land/easement issu...

    David’s Answer

    If there is an insurer involved, it is more likely a title insurance company.

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  • Contractor - damaged our property and need to claim and receive compensation of the damage

    We hired a painter. He was recommended by paint store rep as an experienced contractor our special project. The work was horrible with no supervision. We had to stop the work. Turns out, workers were hired just for our project. Many areas of ...

    David’s Answer

    If the contractor is now asking to pick up his tools, it sounds as if he has no intention of coming back to undertake the necessary repairs. You may be able to recover your damages from the contractor or his bond by filing a lawsuit. But it is important to look at your contract, if you have one in writing, to determine your rights and remedies before simply proceeding with filing suit.

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  • Can a person that owns two homes, walk away from one without losing the other home?

    I have two homes, two mortgages on the one and a construction loan in the process of being turned into a 30yr fixed mortgage. I can no longer afford to make payments on all three, and am wondering what will happen if I were to walk away from the ...

    David’s Answer

    Typically, the primary lender ("first mortgage") will take ownership of the home via a trustee's sale, as opposed to filing a lawsuit. If the lender does that, then it will not be entitled to pursue you for any "deficiency" judgment (amount by which your debt on that first loan exceeds the proceed from the trustee's sale). The second lender, however, will be able to pursue you for that debt (second mortgage or HELOC) via a lawsuit. Depending on how far "underwater" you are and which lenders are involved, you may be able to negotiate a loan modification, or manage your risk and reduce your obligation to the second lender via a short sale.

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