The Law Office of Catherine C. Clark, PLLC The Law Office of Catherine C. Clark, PLLC 2026-10-02T15:33:44Z 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[Legal essentials for short-term rental property owners]]> https://www.loccc.com/?p=254636 2026-09-24T06:23:41Z 2026-09-24T06:23:41Z A short-term rental in Seattle can create income, but it also creates legal obligations that owners do not face with an ordinary long-term lease. The main risks usually involve licensing, taxes and liability and those issues can build quickly if the owner treats the rental as informal side income instead of an operating business.

Seattle rules can affect whether you can list the property at all

Some owners focus first on pricing, occupancy and guest turnover. In Seattle, the first issue may be whether the property qualifies under the city’s short-term rental rules. The city treats a primary residence differently from a second unit and owners may need specific approvals before posting the property on Airbnb or VRBO. The city’s short-term rental guidance can help explain that framework, but owners still need to confirm how those rules apply to the specific property they plan to rent.

Tax reporting and liability exposure do not work like a casual side arrangement

A short-term rental may bring in income, but it can also trigger tax duties that differ from a standard residential lease. Local lodging taxes, state reporting rules and the legal treatment of short stays can all affect how the owner handles the property. Liability issues can also expand once guests use the home on a short-term basis. A standard homeowner’s policy may not cover the same risks that come with repeated guest turnover, injuries on the property or damage tied to rental use.

The day-to-day paperwork often matters as much as the property itself

Many disputes turn on records rather than the property alone. Insurance documents, maintenance logs, safety checks, written guest rules and complaint records can all matter if a claim or city issue arises later. Questions about Seattle real estate law and property compliance can become part of that review when the rental setup no longer matches the legal or practical demands of short-term use. A real estate attorney can review the structure of the rental and identify where local compliance or risk planning needs closer attention.]]> On Behalf of Sound Appeals <![CDATA[Buyer breaches a Washington real estate contract: What happens?]]> https://www.loccc.com/?p=254634 2026-09-21T07:40:07Z 2026-09-21T07:40:07Z When a buyer breaches the agreement A buyer breaches a purchase agreement when they fail to meet a required obligation without a valid contractual or legal reason. For example, a buyer may refuse to close after removing contingencies or fail to provide agreed-upon funds. Not every canceled transaction counts as a breach. A financing contingency, inspection provision or another contract term may allow the buyer to withdraw under certain conditions.

What remedies may be available?

Under Washington law, a seller may have several options when a buyer breaches a purchase agreement:
  • Earnest money: The seller may be entitled to retain the deposit if the agreement permits it and the buyer has no valid right to recover the funds.
  • Damages: A seller may seek compensation for losses caused by the breach, such as certain resale-related costs or a difference between the contract price and a lower resale price.
  • Specific performance: In some circumstances, a seller may ask a court to require the buyer to complete the purchase. Courts do not automatically grant this remedy.
  • Contractual remedies: The agreement may establish additional rights, notice requirements or procedures that affect the seller’s options.

What should you do after a buyer breach?

Review the purchase agreement before taking action. Identify the buyer’s missed obligation, any applicable contingencies and the contract’s notice provisions. Keep records of communications, expenses and efforts to address the failed transaction. A seller should also consider whether the buyer’s conduct actually violates the agreement or whether the contract permits cancellation.

How Washington law determines what you can recover

A buyer’s failure to close does not automatically mean the seller can keep every deposit or recover every financial loss. The contract, the facts and applicable Washington law determine which remedies may be available. Understanding those details helps sellers make informed decisions about how to proceed.]]> On Behalf of Sound Appeals <![CDATA[Construction defect claims in Seattle commercial real estate: enforcing owner rights]]> https://www.loccc.com/?p=254603 2026-08-21T10:47:26Z 2026-08-22T01:27:22Z Common construction defects in King County commercial properties Due to the Pacific Northwest's damp climate and regional seismic activity, commercial properties in the Seattle area face particular exposure to certain categories of defects:
  • Building envelope and water intrusion: defective flashing, improperly installed window assemblies, and failing exterior insulation and finish systems that allow moisture penetration and mold growth
  • Structural and foundation failures: inadequate soil compaction, improper concrete curing, or framing errors that compromise structural integrity
  • Roofing and drainage defects: ineffective membrane installation and insufficient roof slope that cause ponding water and premature roof failure
Early identification of these defects is important, as Washington law imposes strict timelines on when claims must be filed.

The Washington construction defect claim process

Before filing a lawsuit, commercial property owners must satisfy statutory prerequisites. The process includes three steps:
  • Notice of Claim: the property owner must serve a written notice on the contractor at least 45 days before initiating litigation, describing the known defects in reasonable detail
  • Contractor response period: the contractor has 21 days after receiving the notice to inspect the property and either offer to repair the defect, propose a financial settlement, or dispute liability
  • Litigation or dispute resolution: if the contractor denies liability or fails to provide an acceptable remedy within the statutory timeframe, the property owner may proceed with a civil lawsuit or binding arbitration
Failure to comply with the pre-suit notice requirement can affect the owner's ability to proceed.

Statutes of limitations and repose

Two separate deadlines apply to construction defect claims in Washington. Written contract and negligence claims for property damage must generally be filed within three years of discovering the defect. Separately, state law imposes a six-year statute of repose measured from the date of substantial completion, regardless of when the defect was discovered. Missing either deadline can bar an otherwise valid claim entirely.

Protecting your investment

Commercial property owners dealing with structural failures benefit from retaining forensic engineering experts and legal counsel early to preserve evidence and meet statutory requirements. If your property has suffered from construction defects, an attorney in Seattle can evaluate your claim and help you understand the steps required under Washington law.]]> 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.  ]]>