I did some land clearing without a written contract. Now the land broker is refusing to pay. What can I do?
Michael's answer
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Answered on January 18, 2013
Sue them for breach of contract and unjust enrichment. An oral contract is just as enforceable as a written contract. Save every email or letter...
Archived
Should I seek a real estate attorney or a family dispute attorney?
Michael's answer
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Answered on January 18, 2013
My "gut" is that you should find a litigation attorney with a background in real estate disputes.
Archived
Should I file a motion to strike defendant inadmissible exhibits in opposition to my summary judgment?
Michael's answer
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Answered on January 18, 2013
If you have a pending motion for summary judgment, you would not file a second motion in response to opposition to the first motion. Rather, in...
Archived
Are equity investments vulnerable in a personal injury lawsuit? Ira and non ira investments?
Michael's answer
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Answered on January 18, 2013
Equity investments - such as stocks - can be attached by a judgment creditor.
Retirement funds, as a general rule, cannot be attached.
Archived
What is the status of a property that is in a trust but has other owners that are not part of the trust?
Michael's answer
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Answered on January 18, 2013
I am not sure what you are asking. The status of the property is not changed due to your placement of your fractional ownership interest into a trust.
Is there a difference between lack of standing and condition precedent?
Michael's answer
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Answered on January 18, 2013
Yes, there is a difference between the two terms.
A lack of standing means that you have no right to bring a claim.
A condition precedent is...
Is this Standard in a retainer agreement with my real estate attorney?
Michael's answer
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Answered on January 18, 2013
Yes, that clause is fairly standard.
A real estate transaction is typically done a flat fee basis. Litigation, on the other hand, is usually...
Archived
Can I submit a declaration from some one or witness at a contempt hearing and if so can I order a temporary custody
Michael's answer
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Answered on January 18, 2013
You may submit a declaration in support of a motion. However, if there is a plenary hearing, you would need to present the testimony of live...
Archived
I recently purchased a home in Anacortes, WA six months ago. Since we have moved in we have had various issues (see below)
Michael's answer
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Answered on January 18, 2013
I am not a WA attorney and do not know your local laws.
Here, a seller of real estate is under a legal duty to disclose all known latent defects...
Archived
What are my rights as Buyer to inspect the property to my satisfaction when there is a tenant in a short sale?
Michael's answer
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Answered on January 18, 2013
You should have an attorney representing you in the process. I believe it starts with your contract - you should reserve the right to inspect the...
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