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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: Question for a Tax Attorney about capital gains on houses

in 2005 we (My wife and I) bought a house and lived in it from 2005 till 2008 just after I went into the Army. We were outside the driving area for the base I was stationed at. We turned the property in to a rental and it remained a rental till we sold it in 2018. We used the tax exclusion for... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Mar 11, 2020

There is an ability for military personal to suspend the personal residence exemption but you have to be deployed during the suspension period. There's nothing in your question that makes me think it would apply, but I don't have all the facts.

It's probably not going to...
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1 Answer | Asked in Personal Injury, Real Estate Law and Antitrust for Washington on
Q: BC resident settled case from July 2015.Attorney held about $5000 in trust & has passed away.need help to recover funds

I am a BC resident involved in a MVA in July of 2015. Claim has been settled. However, my attorney held about $5000 in trust in order to pay back my insurance company. Before he was able to pay back, my attorney has died, and attorney who took over his files claims he has no idea about the deceased... View More

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2020

It could be difficult to track down if the attorney did not make a notation of it in the checkbook for the trust fund account that the incoming attorney could identify. And it looks like the incoming attorney doesn't have information on it. Maybe the bank could assist you if they have any... View More

1 Answer | Asked in Real Estate Law, Agricultural Law and Environmental for Washington on
Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2020

This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My son and daughter own a piece of property in Wa. State, 50% each. My daughter signed her 50% over to me with a quite

claim deed, notarized, but has not been recorded. Is it a legal document ? Which one of us own the 50% ?

Steven Willock
Steven Willock
answered on Oct 15, 2019

Assuming the quit claim deed conveying your daughter's 50% interest to you complies with the statutory requirements for a quit claim deed under Washington law, the deed would be a legal document enforceable against your daughter even if it has not been recorded. A deed does not need to be... View More

1 Answer | Asked in Contracts, Probate, Estate Planning and Real Estate Law for Washington on
Q: My Fathers wife promised me and my Father, that she'd give his kids half of the money from the sale of the house.

I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... View More

Nina Whitehurst
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answered on Aug 10, 2019

You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.

1 Answer | Asked in Consumer Law, Bankruptcy, Foreclosure and Real Estate Law for Washington on
Q: How could misapplied mortgage payments found after an agreed tpp be rectified on borrowers behalf?

I found a payment that was applied to principal curtailment that in turn caused late fees and missed payments. Other fees down the road could the error change the outcome of where i am now?

Timothy Denison
Timothy Denison
answered on Jul 18, 2019

Yes. Dispute it on your credit report and with the lender. You should get on this ASAP bc it can materially affect your credit rating.

1 Answer | Asked in Real Estate Law and Tax Law for Washington on
Q: My brother and I own rental houses jointly in our home states, Washington and California. We've decided to split up.

I'll take the houses in my state and he'll take the one in his. I'll pay him the difference to equalize the values. Can we just sign quit claim deeds and are there any tax consequences? The houses have all been appraised and we agree on these terms.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

If either of you enters into this planned transaction without benefit any lawyer's advice, IMPO one or both of you will probably not like the result.

1 Answer | Asked in Contracts, Real Estate Law and Collections for Washington on
Q: ray klein, Inc has a judgement against me for over 20000.00. its been since 2003? first ive heard. did a name search

haah thanks to a wonderful lawyer on here, I found out it was on me. Same name different person

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 6, 2019

Maybe it is because I am a lawyer, but I do not think it that unusual for a very large credit services corporation in business since 1970 to have "had 44 lawsuits in the last 10 years." But I certainly do find it unusual that you just found out about a judgment entered against you some 16... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Washington on
Q: Moving out after our lease is up.

Hello,

Our 6-month lease ends May 31st, we notified our landlord, on May 2nd, that we would be out by the 31st (end of lease).

He claimes that we did not give him enough time to find a new tenant so we have to stay and pay for the month of June.

Is this correct?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

Your written lease controls the answer to your question. If the written lease you signed says you have to give the landlord a longer notice than the customary 30 days, then whatever the lease says answers this question.

1 Answer | Asked in Real Estate Law for Washington on
Q: Is it a conflict of interest to use the same attorney as the owner for an exchange of a small undeveloped property?

The owner and I have agreed on a price but he wants me to use his attorney. Instinct tells me it's a conflict of interest. Am I correct? What is involved in such a sale in addition to title verification? I know a survey has been done.

Vincent Gallo
Vincent Gallo
answered on May 5, 2019

Why don’t you suggest that you both use your attorney, and see how they respond.

1 Answer | Asked in Real Estate Law for Washington on
Q: I am a tenant in common with my sister and I want to sell my interest in the land can I do that

We inherited the land for my father when he passed away live in Omak Washington and I just want to sell my part I don’t want to be involved with her at all anymore so can I just show my interest in the land

Vincent Gallo
Vincent Gallo
answered on Mar 24, 2019

If you and your sister own real estate that you inherited from your father, and you own it together, presumably, as tenants in common, then you each own a percentage of the whole and not any particular allocable portion of the real estate. If you want to sell, and she is not cooperative, then your... View More

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: We purchased property and the seller did not disclosed existing water

We recently purchased property with an approved septic design and found out after that the seller had not disclosed an existing artisan well to us or to the septic designer and that a third party has water rights to it, what recourse do we have?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

You may have rights to sue the seller for failure to disclose the well if required under the escrow agreement and if the water well was never properly recorded in town records making futile any due diligence efforts for you to discover it. The third party's easement should be reviewed as well... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Tenant was evicted by court order. Her property was put in the right of way. HOA removed her property and is billing me.

Can HOA do this?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 3, 2019

What do you mean "was put in the right of way" and "removed her property"? Are you referring to personal property that was thrown out of the home after the tenant was evicted? Are you the home owner? If your tenant's belongings were thrown into the street by the sheriff and... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Do I have any legal rights to the settlement of property co-owned with my ex-husband?

I moved out in 1995. We were divorced in 1999. The divorce decree states that we are each awarded one half of market value. I was recently informed that the house had burned down.

My name is listed as part owner on the house, and I have always notified the mortgage holder of any address... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 24, 2018

It sounds like you should consider contacting your husband, the insurance company, mortgage company, and police/ fire departments to learn more details about your rights and obligations re: this matter, advisably via legal counsel and as soon as possible. More details are necessary to provide a... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Who pays for private road maintenance when there is no road maintenance agreement?

Our property, where we reside, is part of a small subdivision that includes a shared private road (driveway) that provides access to the 6 parcels in the subdivision. Currently, only two of the parcels have a home so it is us and our neighbor who use the shared road. There is no road maintenance... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 24, 2018

It depends on the nature of your deed, any related agreements and easements recorded with the town clerk, and the specifics of the road and surrounding properties re: issues related to access. If the road is your sole and equal ingress/ egress access method for all the properties in the... View More

1 Answer | Asked in Contracts, Domestic Violence, Land Use & Zoning and Real Estate Law for Washington on
Q: My ex fiance and I signed a year lease in October he got worse with angry issues & verbal/emotional abuse. I need off.

What can I do to get off lease without penalties?

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 24, 2018

While you may be held liable for your duties under the lease, if you leave the home to protect yourself from actual domestic violence, and if your ex doesn't pay the lease in full and on time, your landlord might pursue both of you in court for breach of contract and any owed monies (or your... View More

1 Answer | Asked in Appeals / Appellate Law and Real Estate Law for Washington on
Q: Our Condominium Association is violating a WA State Appellate Court ruling. Who would I see to enforce the ruling?

New Condominium owner is being forced to pay for a new roof on the condominium he is buying. The Appellate Court ruled the Condominium cannot charge the owner for repairs to the Condo roof without an amendment to the Condominium Declaration. That has not happened yet. Do I have any recourse... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Dec 26, 2018

It depends on the terms of your HOA agreement, including the CCRs, as well as the facts surrounding the roof issue. You must first determine whether there is a breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away.

Husband and wife buy a house together under both there names. They divorce. Husband gets remarried but then passes away. Ex wife name is still on the house. Is it hers or the new wifes?

Brent Bowden
Brent Bowden
answered on Sep 12, 2018

It likely depends on if/how ownership of the house was dealt with in the divorce.

1 Answer | Asked in Real Estate Law for Washington on
Q: "Charged-Off" real estate debt--What are my options? In 2013, my home was foreclosed with a 1st & 2nd mortgage.

The home was sold for about $30k above the amount of the first mortgage. $6k of that was applied to the second mortgage. I've been renting since then, trying desperately to repair the damage to my credit. I recently called a mortgage broker to see if I am in a position to become a homeowner... View More

Mark David Nusz
Mark David Nusz
answered on Sep 1, 2018

Many people in you situation in 2013 would have filed for bankruptcy so that the 2nd mortgage would have been completely removed / discharged. Then the creditor would not have any recourse to you personally for the deficiency.

The charge off only means that the creditor has...
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