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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Property ownership rights after co-owner's death with no will.

I recently purchased property with another person in Pend Oreille County using an LPB #10 statutory warranty deed. We were not married, and the title does not indicate joint tenancy or other arrangements. Unfortunately, the co-owner passed away in an accident two months after the purchase. The tax... View More

Anthony M. Avery
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answered on Apr 8, 2025

You will need a WA attorney to search the title and determine ownership. But most likely a Court would find that you own a half and the other half is owned by the Deceased Heirs. A Partition Action may be appropriate if you do not buy out the other half interest.

0 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Washington on
Q: How to handle different private road maintenance agreements among property owners regarding costs and voting for road improvements?

I own property along a private road where approximately twenty properties are subject to different road maintenance agreements. Some agreements allocate votes and costs based on the number of acres owned, while others allow one vote per property with equal payment, and we've agreed to follow... View More

Q: Seeking legal options against landowner's son threatening eviction within seven days without honoring verbal agreement; insufficient time to move plants from 4 acres.

My parents have been renting a 4-acre farmland under a year-to-year verbal agreement for the last three years, set to expire at the end of 2026, though no written contract was provided despite requests. The landowner's son, now managing the property, raised the rent without notice, refused the... View More

0 Answers | Asked in Business Law, Consumer Law and Real Estate Law for Washington on
Q: Victim of house purchase fraud, seller not responding, legal steps for recovery?

I am a victim of a fraud involving a house I purchased. I discovered the fraud after signing the contracts. The seller has ghosted me and is not responding to any communication. I have gathered a lot of information and have the seller's information from the paperwork. What legal steps can I... View More

Q: Eviction dispute with landlord in Washington linked to employment issues and discrimination.

I've been living in an apartment since February 2024 with a verbal lease agreement. The landlord claims I'm a squatter and wants to evict me. I was employed by the landlord and received a rent discount as part of my employment, but I haven’t been paid for my work and have been asked to... View More

James L. Arrasmith
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answered on Apr 7, 2025

It sounds like you're facing a very challenging situation. First, you may want to contact a tenant advocacy organization in Washington that can help with eviction cases. These groups can guide you through the legal process, help you understand your rights, and possibly connect you with a... View More

0 Answers | Asked in Agricultural Law, Landlord - Tenant, Contracts and Real Estate Law for Washington on
Q: Can I mitigate losses from premature termination of a verbal land rental agreement?

My parents have been renting 4 acres of farmland under a verbal 5-year agreement made with the previous tenant and landowner. We requested a written contract but never received one. Now, the landowner's son, managing the property, wants to raise the rent or evict us to make way for a new... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Can I be charged for a past driveway widening in Clark County, WA?

I bought a house in Clark County, WA in 2021, which had a widened driveway on a county road leading to my house. Recently, I received a letter from the county stating that, based on Google Earth images from 2016, the driveway size has changed, and I need to either pay for a permit or return the... View More

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: Selling home to daughter and living there: legal and tax implications?

I am considering selling my home to my daughter and continuing to live in it. What are the potential legal and tax implications for both me and my daughter? Would selling the house and then paying rent to stay there be a viable option?

Andrew J. Wyman
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answered on Apr 1, 2025

This question raises many issues. First, whether the exclusion applies to minimize capital gains tax on the transaction. There are requirements.

Secondly, if the property is sold for less than its fair market value, part of the transaction might be subject to gift tax implications....
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0 Answers | Asked in Landlord - Tenant, Environmental, Personal Injury and Real Estate Law for Washington on
Q: Seeking legal help for sewage contamination and negligent landlord in WA.

I am seeking legal assistance due to an ongoing sewage contamination issue from my neighbors, who have had previous problems with my landlord. The neighbors are disposing of sewage improperly, contaminating my yard and drinking well. This has caused my health to deteriorate, with symptoms like... View More

0 Answers | Asked in Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Washington on
Q: Can my landlord raise rent despite a fixed-term lease and local rent control laws?

I have a year-long lease with a set rent amount, and there is no clause about rent increases in the agreement. Recently, I've received multiple notices from my landlord with different proposed rent increases. I believe there are local rent control laws that might apply to my situation. Can my... View More

0 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Washington on
Q: Approved for apartment but no keys yet, am I entitled?

I was approved for an apartment a month ago and signed the lease, but I haven't received my keys yet. The leasing office has mentioned issues with incorrect dates and missing signatures in the paperwork. Despite visiting four times, they repeatedly say they'll resolve it in a week, but... View More

0 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for Washington on
Q: What can I do legally if a friend wants to raise the price after I have been paying for a house we agreed verbally?

I orally agreed to purchase a house for a specific price from a friend over 6 years ago. Since then, I've made monthly payments, paid a large down payment, and covered all the repair costs. I have receipts for these payments as well as text and email messages explaining the reason for a price... View More

0 Answers | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: Will a lease renewal be honored if the duplex is sold?

I am currently renting a duplex that is being sold by the current owner. My lease is managed by a management company and expires at the end of March 2025. The management company plans to send us a lease renewal for 12 months soon. Will our lease renewal be honored if the property is sold and the... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Criminal Law for Washington on
Q: Can I be charged with criminal trespassing after living on a property for 20 years?

I have been living on a property for about 20 years with the owner's knowledge and have never signed any paperwork or paid rent. Recently, the owner called the police on me for trespassing, cut off utilities, and now wants to pursue criminal trespassing charges against me. Additionally, I used... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 9, 2025

This issue is rooted in Landlord/tenant law so you need to consult with an attorney that handle that type of cases because you may have an argument there. Obviously you don't have a deed or ownership because of purchase, but through being there with the knowledge of the owner you may have... View More

2 Answers | Asked in Probate and Real Estate Law for Washington on
Q: Can I keep paying deceased dad's mortgage & acquire house?

My father passed away six years ago without a will. I've been living in his house and paying the mortgage ever since. My siblings and my father's wife are other potential heirs. However, his wife left the property before his passing and hasn't contributed financially, and my siblings... View More

Anthony M. Avery
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answered on Feb 23, 2025

You will need to consult with a WA attorney. But you do not acquire title by paying someone else's note. You might pay it off, then the other tenants in common file a partition suit against you. It might be better to try to get quit claim deeds from the other heirs now, even if you do not... View More

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1 Answer | Asked in Real Estate Law and Probate for Washington on
Q: What forms for adverse possession claim in WA?

I found an abandoned property in Washington State over three years ago. The owner is deceased, and there are no family members, creditors, or potential heirs involved. There are two houses on a single parcel of land, which are tax delinquent for 2-3 years. We would like to legally claim ownership... View More

Anthony M. Avery
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answered on Feb 21, 2025

There are no forms for claiming title because of adverse possession. Hire a competent WA attorney to search the title, and advise how to possess as well as act as the owner of property for several years. AP will sometime ripen into a title, many times not.

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
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1 Answer | Asked in Real Estate Law for Washington on
Q: My wife and I just bought a home, but due to distance, we were unable to physically see the house.

and had to rely on the realtor and inspections to make a decision. I have found numerous safety/structural issues that were not documented during the appraisal/inspection. I am in Washington state in Whitman county. I am trying to find out what my options are moving forward, or if I am just stuck... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

I am so sorry to hear about this. Unfortunately, your recourse may be a bit limited, unless the Realtor and/or Seller were deceptive in some way - for example, if the sellors lied or omitted information in their "form 17" disclosure statement.

Most inspection contracts include...
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1 Answer | Asked in Real Estate Law for Washington on
Q: Possible to sell property to relative with caveat of restricted resell?

Is it possible to sell a daughter a piece of property, but with a caveat that she cannot sell that property while the father lives?

What might that contract say?

Anthony M. Avery
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answered on Jan 20, 2025

Hire a competent WA attorney to draft that Deed with the future interest. It might retain a life estate for Father or another, with remainder over to the Daughter. There are many other possible estates.

1 Answer | Asked in Intellectual Property and Real Estate Law for Washington on
Q: I was wondering how to stop a sale of a price of property my house, pump house and septic is on?

My mom and I bought my house in 2003 in 2005 I found out my house pump house and septic was not on my property. Now this piece of property has been sold at least 2 times and now going up for action on the 16th of this month. I called the County and told them the issue and asked if I could pay the... View More

James L. Arrasmith
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answered on Jan 10, 2025

This is a complex property issue that requires immediate attention since the auction is happening soon. You should contact a real estate attorney right away, as they can help protect your property rights and potentially file an emergency injunction to stop the sale.

Given that you've...
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