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Washington Real Estate Law Questions & Answers
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 Real Estate Law for Washington on
Q: Can I leave an easement gate open?

In order to get to my property I must use an easement through my neighbors property. They have put a combination lock on the gate and request it be closed at all times. We prefer to keep the gate open during the day as it’s a hindrance to get out and open and close the combination lock... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

It is not unreasonable to ask that the gate be closed behind you. If it is a nuisance using the lock, I would explore the possibility of installing a remote control automatic gate opener. The cost of a solar powered or battery powered automatic gate opener is significantly less than the cost of... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: I have a house that got built for a hundred years ago. The house got built right on the property with the roof eaves

The roof eaves on one side of the property is over to my neighbor property. Will I run into any issues with this? Thanks

Anthony M. Avery
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answered on Sep 6, 2023

Has a survey been performed? If not, how do you know you are encroaching? There may be subdivision restrictions of government codes with minimum setback requirements. If the adjoining owner complains, boundary line agreement might help. Obviously an acquiescence to the boundary has... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: What was the U.S. Supreme Court case ruling that ownership of two adjacent properties cannot be considered one property?

Adjacent properties owned by one owner must still be considered two separate properties rather than one.

Thank you.

T. Augustus Claus
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answered on Aug 23, 2023

The U.S. Supreme Court case you are referring to is likely **Murr v. Wisconsin**, 582 U.S. ___ (2017). In this case, the Court addressed the issue of whether adjacent properties owned by the same owner should be considered as one unit for regulatory purposes. The Court established a test known as... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: If a seller doesn’t disclose a private road easement, what legal recourse does a buyer/owner have?

In my case, I own two homes on ten acres in Clayton WA. After I moved in a neighbor told me about the private road easement. I called my real estate agent and she had no knowledge of this.

Anthony M. Avery
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answered on Aug 22, 2023

Did you search the title? The easement must be in your servient chain to be effective against you, not the dominant tenement's title. They may have a prescriptive easement or even one by necessity. But that is for the adjoining landowner to defend in Court. Hire a WA attorney to... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: Who's responsible to survey property before building fences. Contractor or home owner?

My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.

There are a lot of...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Washington on
Q: If I add my life partner to the title of my house and I die, will the house go directly to him without probate?

Also, will the house be assessed at the time of my death so he won’t have to pay capital gains taxes, if he sells it?

Renee Louise Roman
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answered on Dec 31, 2022

The answer to your first question is yes, but ONLY IF the proper deed is executed and recorded. There are several types of deeds in Washington, so please consult an attorney who can explain the differences, so you can decide what is best for you and your partner.

The answer to the second...
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1 Answer | Asked in Contracts and Real Estate Law for Washington on
Q: If a "Promissory Note" is signed by the Buyer, not the seller; is it still valid? Amended signed by both?

The Original was also lost by the Seller, is the contract still enforceable, if we're having a dispute?

The original was signed by Buyer only (Promissory Note, not Note); and the Amendment to the Promissory Note was signed by both the Buyer and Seller.

Enforceable? Any rules... View More

Anthony M. Avery
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answered on Nov 14, 2022

The buyer is the one that has to sign as the notemaker. The amendment is probably an agreed modification between the maker and the holder. It should be enforceable unless you have busted the SOL.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Washington on
Q: What type of lawyer is needed for a rental with toxic well water (e.coli found) & toxic levels of black mold?

I am writing on behalf of my brother’s family.

Their rental is on a well. Main well dried up -they are on the backup well - located up the hill. The water comes out of a uncovered tube. They’ve complained to their landlords & were told the water is fine -they won’t fix or drill a... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You chose the correct categories to post under - landlord-tenant and personal injury. Those are the types of attorneys who would have insight into this. As a starting point, your brother could consult with a... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My proprty has a lien against it; I want to pay it off but the lien holder is not responding to my or my lawyers emails.

This is going on 2 months now, and the sell date is approching in 4 weeks. What can I do to stop the sell?

Anthony M. Avery
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answered on Jan 31, 2024

Hire a WA attorney now to represent you. He takes certified funds for the payoff amount to the noteholder. If it is refused, then you file suit to quiet title as payoff of the note was waived. It sounds like foreclosure is imminent, so act today.

1 Answer | Asked in Contracts and Real Estate Law for Washington on
Q: What type of lawyer would I need for a apartment complex?

Over 2 years ago I lived at an apartment in Washington State and just recently I received a notice from a debt collector. They have sent me a charge sheet for damages from the apartment. I have attempted to email and call the Village at union mills several times and they have yet to send pics of... View More

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2023

A Washington attorney could advise best, but your question remains open for two weeks. What kind of attorney do you need? A collections defense attorney with insight into landlord tenant matters would be ideal. You could reach out to different attorneys to discuss in making your decision. Good luck

Q: What can I do about a neighbor wearing a gun, coming to the property line and telling me what I can't do on our property

Neighbor wearing gun says blackberries and trees on our property can't be cut. We can't even cut branches overhanging our driveway. Happens both 3 and 30 ft away from property line. He said the drain ditch that traverses both properties will collapse and it's protected. The nearest... View More

Cristine Beckwith
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Cristine Beckwith
answered on Nov 2, 2023

Sorry to hear. A civil anti-harassment protection order is a common remedy for a neighbor dispute involving unwanted and threatening contact. A good attorney will give you the best chance of getting the order issued.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Washington on
Q: Question about legalities and ethics regarding a home insurance claim.

Had a grease fire in my kitchen so I started a home insurance claim. Well before I have even gotten the adjuster to come do the inspection I'm getting calls from people trying to buy my "fire damaged home" . I asked how how they got my info and was told they got it from my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2023

A Washington attorney could advise best, but your question remains open for a week. I'm sorry about your fire. It could depend on what your arrangements were - and what you and the carrier agreed should be done with the house. If you reached out to local attorneys, they would probably want to... View More

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