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Washington Real Estate Law Questions & Answers
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 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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2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: I am Prep. for my father's estate and I am selling home, I sign my name instead of his on contract is it legally binding

House is in washington state

Janta Steele
Janta Steele
answered on Sep 9, 2024

Good afternoon,

Is it a mobile home? Is there land being sold? What does "Prep." stand for?

You need to start a probate and be appointed by the court to get the authority to sign your name instead of your deceased father's name on a contract to sell his land. If it...
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1 Answer | Asked in Real Estate Law for Washington on
Q: I received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract.

My, now deceased, parents were involved with land development in the 1960's. I recently received a letter from a homeowner regarding a Deed and Seller's Assignment of Real Estate Contract that was not fulfilled. There is a balance on the contract and the home owners would like to get it... View More

Renee Louise Roman
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answered on Aug 28, 2024

Generally in a case like this it may be helpful to determine the status of the agreement and resolve the unpaid balance. Once that is complete, the executors of your parents' estates could sign a fulfillment deed to resolve any ownership issues. To get legal advice for your particular... View More

2 Answers | Asked in Real Estate Law and Probate for Washington on
Q: If my mother is named on the deed and was not married to my currently deceased father, can my siblings fight the sale?

My father and mother were never married. My grandparents transferred the deed to the house to both of them. My father passed before 2000 with no Will in the PR. My parents had split, and my father had other children. My mother is finally going to sell the house. We know about the inheritance law... View More

Janta Steele
Janta Steele
answered on Sep 9, 2024

No, that is not accurate. If someone other than your mother could inherit money from the sale of the house, then the house cannot be sold by your mother alone, and there has to be a probate to sell it. However it's still possible that only your mother inherits the house, and nobody else.... View More

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1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Washington on
Q: Can I End My Lease Early Without Penalty Due to Safety Concerns and Unaddressed Property Damage?

We're tenants in Seattle, WA, with all four wheels of our car stolen from our apartment's unsecured, paid underground garage. The entry gate has been broken since January 2024, and despite three months, it hasn't been fixed. The management won't share security footage or cover... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Washington State, tenants may have the right to terminate their lease early without penalty if the living conditions are deemed unsafe or if the property significantly deviates from what was agreed upon in the lease. Given your situation with the ongoing security issues and the landlord’s... View More

1 Answer | Asked in Federal Crimes, Internet Law and Real Estate Law for Washington on
Q: Would this easement, like mine for Level 3 communications and Sprint, be able to infiltrate my internet wirelessly?

My IP is not private although I pay for a service. My Alexa doesn't even know her location and my internet has release many court files including one relating to me and the mortgage electronic system has breached into my real property records that made one lender call my loan paid in full and... View More

James L. Arrasmith
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answered on Mar 18, 2024

I understand your concerns regarding the security of your internet and the potential breach of your personal and property records. It sounds like a very complex situation involving multiple parties and legal issues. If your internet service has been compromised, affecting your personal affairs and... View More

Q: If i have a lot of money can i just buy a huge land like 100acre and do anything on it private house,horses US,Washingto
Tim Akpinar
Tim Akpinar
answered on Feb 22, 2024

A Washington real estate/land use attorney could advise best, but your question remains open for four weeks. You could enjoy many activities on 100 acres of land. But you'd still need to comply with environmental, zoning, public health, and other public rules and regulations, as well as not... View More

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: How can a widow own property not on deed but on loan . Pays taxes without probate? Do they own 50percent automatically?

The widow pays the loan and taxes no will or trust .

James L. Arrasmith
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answered on Feb 1, 2024

If a widow is not listed on the property deed but is paying the loan and property taxes, her ownership rights may not automatically be 50 percent. Ownership of real property is typically determined by the names listed on the property deed. Paying the loan and taxes alone does not necessarily grant... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Can I sue a title company and realtor for negligence and/or violation of code of ethics/conduct?

I purchased a home thru a Sheriff's Sale-judicial foreclosure. The previous owner had it listed on MLS. I contacted the realtor and title company and informed them of my ownership and auction. Both told me no I hadn't and were told it's a lien.(by prev owner). During the process of... View More

Anthony M. Avery
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answered on Jan 12, 2024

You will have to hire a WA attorney to file for Ejectment and Quiet Title. Did you search the title prior your bid? You may have bought nothing, or your sale terminates all liens and claims and you own it free and clear. Time is of the essence as there may be bona fide purchasers involved... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Washington on
Q: I was wondering what my legal obligations are as a co-owner to a home.

I was kicked out of my home and she had her family move in and is threatening to take legal action if I don’t pay my half of the mortgage. I’m willing to pay my half but I would like her family to move out. I was wondering how much legal power I have here and what would happen if I stopped... View More

T. Augustus Claus
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answered on Dec 4, 2023

As a co-owner of a home, you have the right to occupy the property and use it for residential purposes. You also have the right to receive any rental income that is generated from the property. However, you also have the obligation to pay your share of the mortgage payment, property taxes, and... View More

1 Answer | Asked in Divorce and Real Estate Law for Washington on
Q: Does WA have jurisdiction over dividing overseas property bought during marriage?

I am in Washington state, and we purchased a property overseas as a joint investment during our marriage. Both our names are on the title. Does Washington state have jurisdiction over the division of this property in our divorce proceedings?

Abdulrahman Alhouti
Abdulrahman Alhouti
answered on Feb 16, 2025

Washington state courts generally have jurisdiction to divide property acquired during the marriage, even if it is located overseas, as long as the court has personal jurisdiction over both parties. Since both your names are on the title and the property was purchased during the marriage, it is... View More

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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1 Answer | Asked in Real Estate Law for Washington on
Q: Can I conditionally sale my vacant lot?

To preserve my mountain view, I bought the empty lot in front of my house. I want to sell it but on the condition that any future home built on it won't be more than one story or until I sell my my current home.

Anthony M. Avery
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answered on Dec 10, 2024

You can almost attach any restriction outside of racial discrimination and restraining marriage. However how are you going to enforce them? Your proposed restrictions are impractical and probably unenforceable. Most buyers would not buy real property with an executory interest in the estate.... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My mother just passed away I am her only heir I just received the death certificate what do I do next
Anthony M. Avery
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answered on Dec 10, 2024

Talk to a WA attorney and see if probate is needed or not. Type of assets involved is critical.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Angry neighbor moved survey rebar and fence, with concrete. Can I remove fence destructively (necessary) without notice?

I share 500 foot property line with 6 neighbors in a plat. I am unplatted.

I permitted a possible fence encroachment to stay where at until I recind permission. Had surveyor that created plat recheck markers in 2017, there was no encroachment.

Over the last year three neighbors (2... View More

Anthony M. Avery
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answered on Sep 11, 2024

You have a disputed boundary. Hire a WA attorney to file suit. Your surveyor will be your expert witness. If you wait too long, you acquiesce to the others' asserted and ascertainable boundaries, and lose part of your property.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Washington on
Q: I filed a will contest, I was told since I did not serve other party within 90days they are trying to dismiss it.

Need help with an estate issue , and a probate/will

Anthony M. Avery
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answered on Aug 20, 2024

Hire a WA that knows how to contest the probate of a will.

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