The Law Office of Catherine C. Clark, PLLC The Law Office of Catherine C. Clark, PLLC 2026-07-24T09:13:46Z https://www.loccc.com/feed/atom/ WordPress /wp-content/uploads/sites/1504871/2022/08/cropped-TLOCCC-favicon-32x32.jpg On Behalf of Sound Appeals <![CDATA[3 reasons why a seller disclosure statement isn’t enough to protect you]]> https://www.loccc.com/?p=254602 2026-07-24T09:13:46Z 2026-07-24T09:13:46Z The seller has disclosed whatever they claim they know about the property to you in Form 17, also known as the seller disclosure statement. You might assume that you can hold the seller liable for any defect that you may notice later. Unfortunately, that assumption can lead to costly mistakes in Washington. Here is why. 

Hidden defects

Many properties have hidden defects. A seller might not have actual knowledge about them. Since a seller is not required to hire experts to discover hidden structural damage or subsurface issues, naturally, the mention of such defects can be absent in Form 17. Hence, Form 17 may not reflect the actual condition of the property you are buying.  

Disclosures ignore environmental realities

Form 17 focuses primarily on the physical structure and title of the property. Details such as neighborhood nuisances or local crime are usually not present in it. Additionally, there is no legal requirement for the sellers to disclose such information in the document. 

Disclosures are not warranties 

It is a common misconception among buyers that disclosures may behave like warranties. Many believe they can sue the seller if they notice undisclosed defects after closing. After closing, the responsibility of proving wrongdoing may fall on you. To hold a seller liable, you are required to prove that:
  • The defect existed before closing
  • The seller knew about the defect
  • The seller intentionally concealed it or lied on the form
It is important to remember that it is a challenging task to prove these elements on your own. 

What should you do?

You have to be extra cautious when buying a property as it is a costly affair. You should make sure the property you are buying is free from defects. You can hire home inspection professionals to get an opinion. Furthermore, consulting a legal counselor experienced in real estate law can help you make an informed decision.]]> On Behalf of Sound Appeals <![CDATA[Can you sue your neighbor if their tree fell on your property?]]> https://www.loccc.com/?p=254600 2026-07-22T15:07:08Z 2026-07-22T15:07:08Z Imagine that your neighbor’s overhanging tree fell onto your property, endangering the lives of your loved ones. It is understandable if you're feeling frustrated after this. You must be thinking if you can hold your neighbor liable. Well, whether you can sue under Washington law depends on two primary factors: the physical condition of the tree prior to the fall and whether your neighbor was aware or should have been aware about it before it fell. Here is what you need to know to protect your rights.

When can you sue them?

Under Washington common law, all property owners in residential areas owe a duty of care toward their neighbors. It includes recognizing and taking reasonable steps to address the visible hazards their tree may pose to others. Failure to do so may expose them to liability claims because they showed negligence. In these cases, evidence such as prior complaints, photos or visible decay can help your case.

When can you not sue them?

If a huge storm knocked down the tree and it fell onto your property, you may not be able to sue your neighbor. Washington courts classify damage caused by healthy trees during severe weather as an “Act of God” or natural occurrence beyond the owner’s control.

What should you do now?

It is crucial to act quickly after the accident. You should photograph the tree, estimate the damage and immediately contact your insurance company. Furthermore, you should create a paper trail by saving any text or mail you sent to your neighbor to warn them about the risk. You can also have an arborist inspect the fallen tree to check whether it was diseased.

Protect your property rights

When an accident involves a fallen tree damaging your property, there is a lot more at play than you think. Navigating insurance claims and lawsuits against a neighbor can feel overwhelming. However, with an attorney experienced in real estate law, you may be able to build a strong case that will protect your rights.]]> On Behalf of Sound Appeals <![CDATA[Can sellers remove garden plants during the move-out process?]]> https://www.loccc.com/?p=254596 2026-07-09T13:55:03Z 2026-07-09T13:55:03Z In-ground plants should remain at the home As a general rule, any plants permanently installed by planting them in the soil transfer to the new owner during a real estate transaction unless the sellers made plans in advance. Sellers should not dig up the perennial garden in front of the house or remove a tree that they like without making prior arrangements with the buyer to accommodate those plans. Sellers can provide written disclosures advising of their intent to retain certain outdoor plants. They are also free to remove any houseplants and outdoor potted plants that are personal property, not technically part of the home. Buyers may also need to be proactive about communicating their desire to retain certain plants to avoid disappointed expectations. Learning more about what sellers can and cannot remove when vacating a property can help everyone set reasonable expectations and communicate effectively. A real estate attorney can help buyers hold sellers accountable for removing items from a home that should have remained behind for the new owners.]]> On Behalf of Sound Appeals <![CDATA[Avoiding deepfake and AI fraud when buying real estate]]> https://www.loccc.com/?p=254579 2026-06-23T23:04:46Z 2026-06-23T23:04:46Z Technology facilitates fraud Title companies, mortgage brokers and other parties who assist with real estate transactions are increasingly reliant on technology. In some cases, the technology they use may actually put property owners and buyers at risk of fraud. Allowing a seller to communicate solely by email, telephone and possibly video conference creates an opportunity for someone to completely misrepresent their identity. They can use images they find online to create deepfake videos or utilize a fabricated AI persona to impersonate the owner of a property in which they personally hold no legal interest. This situation can leave buyers and possibly lenders out hundreds of thousands of dollars and without any true ownership interest in the property they attempted to purchase. To avoid deepfakes and AI fraud, buyers may need to use public records to locate the seller and validate that the property is for sale. They may also need to partner with a real estate attorney who can assist them with the due diligence process. Understanding how technology contributes to real estate fraud can help potential home buyers take appropriate steps to protect themselves. With effective legal support, buyers can limit their likelihood of falling victim to fraud and can streamline the title search process as well.]]> On Behalf of Sound Appeals <![CDATA[What happens when siblings can’t agree about inherited property?]]> https://www.loccc.com/?p=254578 2026-06-22T15:40:02Z 2026-06-22T15:40:02Z When parents die, one of the most difficult things that their adult children may face is deciding what to do with the family home or other property. Sometimes, everybody agrees about the path forward. Often, however, the siblings are divided: One may want to sell immediately, while others may want to keep the property in the family – and some may simply see it as a potential investment, useful for vacations or as a rental.  When co-owners can’t agree on what to do with their real estate, legal disputes can follow. Since nobody can be forced to remain in a shared ownership arrangement forever, the court will usually be asked to make the call via a partition action. However, there are special rules that apply to partition actions involving inherited property.

Inherited family property is afforded special protections 

There are two kinds of partition actions possible. A “partition in kind” physically divides property among the co-owners, which leaves each free to do as they please with their part. This approach can work well for large tracts of farmland and undeveloped property, but it is highly impractical for family homes. Those are usually handled via “partition by sale,” which forces the property to be sold and the proceeds divided. Inherited property, however, comes with unique rules. Washington State adopted the Uniform Partition of Heirs Property Act to protect families from predatory forced sales and preserve generational wealth as much as possible. When inherited family property is at issue, the following rules must be observed:
  • Co-owners have the right of first refusal: Per RCW 7.54.050, the co-tenants who do not wish to sell have the right to buy out the interest of the co-tenant who does at fair market value.
  • Partition in kind must be considered: Per RCW 7.54.070, the court – not the co-tenants – must determine whether partition in kind is appropriate before forcing a sale.
  • An open market sale must occur: If the property is ultimately to be sold, it must be fairly appraised and sold on the open market, not listed at auction. That helps make certain that the co-tenants receive fair value for the property.
If you find yourself in an uncomfortable situation due to inherited property and disagreements with your kin on how to proceed, it may be time to seek legal guidance.   ]]> On Behalf of The Law Office of Catherine C. Clark, PLLC <![CDATA[Addressing damages discovered during a final walk-through]]> https://www.loccc.com/?p=254576 2026-06-03T17:23:30Z 2026-06-03T17:23:30Z final walk-through inspections allow buyers to head to the closing table with confidence. Occasionally, final walk-throughs lead to the discovery of new defects or damages caused as the seller vacated the premises. Those concerns can potentially lead to a new round of negotiations or a delayed closing.

What options do buyers have after finding new damages?

Maybe the moving company broke a window or knocked holes in drywall. Perhaps the seller removed appliances even though the house was listed with a full kitchen suite. The nature of the issues identified during the walk-through influences how the buyer should respond. If the property is not in the condition outlined in the signed agreements due to the removal of appliances or fixtures, buyers may be able to demand the return of the removed items or negotiate compensation to offset the impact of replacing the lost items. In cases involving damages caused in the last weeks of occupancy or the move-out process, either the seller or their moving company could be liable for the cost of repairs. Buyers may need to negotiate with sellers. They may even need to delay or cancel the closing if the seller refuses to take responsibility for the issues identified in the final walk-through. Buyers should not have to absorb additional expenses because sellers do not address damages or uphold their promises regarding the condition of the property and the contents of a home. Reviewing the issues and the purchase agreement with a real estate lawyer can help concerned buyers assert their rights before their scheduled closing.]]> On Behalf of The Law Office of Catherine C. Clark, PLLC <![CDATA[Can you sue over hidden property defects?]]> https://www.loccc.com/?p=254575 2026-05-20T12:58:58Z 2026-05-20T12:58:58Z When people buy a home, they expect the property to be safe, stable and free from major hidden problems. Discovering serious issues after moving in can leave homeowners feeling frustrated, overwhelmed and unsure of what to do next. In some cases, the problem is not simply bad luck. Certain property defects may have existed long before the sale, raising questions about whether the seller failed to disclose important information during the transaction.

Can a seller be held responsible for hidden property defects?

Sellers are often required to disclose known defects that could affect a property’s value or safety. While disclosure laws vary by state, sellers are generally expected to provide honest information about major issues such as water damage, mold, foundation problems, roof leaks or prior flooding. For Washington state, a seller may be liable if they intentionally withhold known defects or inaccuracies in a real property disclosure statement One common dispute involves water intrusion and mold. A home may appear freshly painted or recently renovated, only for buyers to later discover hidden mold behind walls or evidence of repeated flooding. Structural concerns can also become a major issue when cracks in the foundation, unstable flooring or previous repairs were concealed during the sale process. These types of defects can lead to costly repairs and significant stress for homeowners. Proving a seller knew about the problem is often one of the most challenging parts of these cases. Inspection reports, repair records and prior complaints may all help demonstrate whether the issue existed before the transaction. In some situations, real estate agents, inspectors or other parties may also become involved depending on the circumstances surrounding the sale. Property disputes can feel deeply personal because a home is often one of the largest investments a person will ever make. Working with a legal professional who takes the time to listen, clearly explain your options and keep communication open throughout the process can make an important difference when trying to move forward after discovering hidden defects.  ]]> On Behalf of The Law Office of Catherine C. Clark, PLLC <![CDATA[How do easements affect property owners?]]> https://www.loccc.com/?p=254574 2026-05-06T11:21:04Z 2026-05-06T11:21:04Z When you purchase a property, you may assume that you can do whatever you want on the property as long as you’re not doing anything illegal. While that’s usually true, there is a situation that may limit what you can do, even if your plans are legal.  Some properties have an easement attached to them. Checking for easements is a critical part of doing due diligence before purchasing a property. 

What is an easement?

An easement allows a non-owner of the property to use a portion of the property for a specific reason. This doesn’t take the ownership rights away from the owner, but it may limit what they can do with the portion of the property that’s covered in the easement.  Not all easements are the same. Some easements grant utilities the right to access the property to reach lines or pipes. Others allow people to use a path on the property to reach a landlocked property, which is common if there is a shared driveway.  Another thing to know about easements is that some are recorded in writing, but others are oral or created by a history of allowed and necessary usage. It can be difficult to unearth easements that aren’t in writing, so it’s often beneficial to work with someone who can search for these.  An easement is only one consideration that a person purchasing a property must think about. Having someone on your side to help review documents related to the purchase is critical. It’s best to get them involved as early as possible to have as much protection during the process as possible.   ]]> On Behalf of The Law Office of Catherine C. Clark, PLLC <![CDATA[What home buyers and sellers should know about EMDs]]> https://www.loccc.com/?p=254571 2026-04-19T15:37:49Z 2026-04-19T15:37:49Z In a highly competitive housing market like Seattle, a prospective buyer whose offer is accepted by a home seller generally wants to do everything they can to assure that seller that they’re serious about the purchase. That’s where earnest money, or an earnest money deposit (EMD), can help. A buyer typically places an EMD into an escrow account within two business days after their offer is accepted. This way, it’s under the control of a third party – usually an escrow agent. It’s intended to demonstrate that they are committed to going through with the transaction and generally goes toward the down payment on the home or the closing costs. An EMD is a percentage of the home’s purchase price. Here in the Seattle area, it’s around 3% but can go higher. A buyer should be careful not to go too high with their EMD – for example, over 5%, in case they lose it. It’s meant to be a small percentage of the home’s value.

Terms and conditions (contingencies)

The home’s purchase agreement includes the terms and conditions of any EMD. They’re more commonly known as contingencies. If the sale doesn’t go through for some reason, they detail whether the buyer gets their EMD back or the seller is allowed to keep it. Contingencies usually revolve around inspections, appraisals and financing. It’s critical for both the buyer and seller to read and understand these contingencies. That way, they know the consequences if one of them backs out of the sale because of an issue that arises with the property (like a defect that wasn’t disclosed or known about), the buyer’s ability to get the financing or other assets they need or unforeseen circumstances that have nothing to do with the home itself (like a move to or from Seattle being canceled). A home sale or purchase is one of the largest financial transactions most people ever make. In addition to having a good real estate agent, having experienced legal guidance can help buyers and sellers protect their rights and their money.  ]]> On Behalf of The Law Office of Catherine C. Clark, PLLC <![CDATA[3 steps to take when joint property ownership isn’t sustainable]]> https://www.loccc.com/?p=254570 2026-04-01T21:07:25Z 2026-04-01T21:07:25Z 1. Gather documentation From an appraisal report estimating the fair market value of the property to records of uneven contributions and investments, property owners generally need documentation to have a calm and effective conversation with co-owners. Adequate evidence of unfair arrangements and the current value of the property can strengthen a co-owner's position during negotiations.

2. Seek an amicable resolution

Identifying a potential price point and terms for a transaction and initial discussions can be helpful. Co-owners may require days or weeks to evaluate their options and determine if they can voluntarily settle the matter.

3. Pursue a partition action

Partition actions are judicial proceedings in which the courts officially separate ownership. They may require a buyout, split a parcel or force the sale of the property. A partition action can be the last step in the lengthy process of separating ownership of real estate. Consulting with a real estate attorney about joint ownership disputes can be beneficial for co-owners. People do not need to remain trapped by joint ownership when the arrangement is no longer sustainable.]]>