Best Real Estate Lawyers in Yakima, WA

FAQs

• What is the non-emergency contact number for the local police station in Yakima, Washington?

  For non-emergency cases, you may contact the Yakima City Police Department at 509-575-6200.

• Where can I get a copy of police reports for incidents related to my case in Yakima, Washington?

  You can obtain a copy of a police report by submitting a request online at https://yakimawa.nextrequest.com/. Requests for records can also be emailed to public.records@yakimawa.gov or submitted in person to the Office of the City Clerk, 129 N. 2nd St., Yakima, WA 98901. For further inquiries, you may contact the City Clerk’s office at 509-575-6037.

• How does adverse possession work in Yakima?

  To establish adverse possession in Yakima, specific conditions must be met, including physical use, exclusive possession without permission for 10 years, uninterrupted possession, visible and apparent possession, and hostile entry. Alternatively, if a person has owned a property and faithfully paid all taxes for seven years under a "good faith color of title," they only need to demonstrate actual, visible, and widely known possession to establish an adverse possession claim.

• Can a homeowner's association foreclose on a property in Yakima?

  Yes. If you are part of a homeowners' association and fall behind on assessments in Yakima, the association can place a lien on your home. In cases of non-payment, the HOA has the right to initiate foreclosure proceedings. The priority of the lien determines how other liens, such as a mortgage, are affected if the HOA decides to foreclose.

• Can you withhold rent for repairs in Yakima?

  No. Apart from the specific right to make minor repairs and deduct their cost from the rent, tenants in Yakima do not have the authority to withhold rent. There are limitations on the cost per repair, and it is necessary to provide reasonable notice to the landlord before proceeding with the deduction.

• Can my landlord raise my rent in Yakima?

  Yes. Since rent control does not exist in Washington State, landlords in Yakima can increase rent without limitations in most cases. Nevertheless, if you fail to pay rent, you may request a payment plan. In any circumstance, you can attempt to negotiate with your landlord to refrain from raising the rent for a specific duration. It is advisable to have any agreements made in writing for clarity and documentation purposes.

• Can a landlord evict tenants for no reason in Yakima?

  In Yakima, landlords must have valid reasons to evict tenants and cannot do so without cause. Tenants can stay until the end of their rental period if they follow the rules. However, if tenants remain in the property after their lease expires without renewal, they may be evicted. Landlords typically issue a 20-day notice to terminate the lease, regardless of the tenancy type. If tenants stay beyond the notice period, landlords can then start eviction proceedings.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.