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Subcategories from this category:

Landlord-Tenant, Property Transfers

What is a Warranty Deed for Real Estate?

A warranty deed is a legal document that is used to transfer ownership of real estate from one person to another. It is considered one of the most secure forms of real estate conveyance because it offers specific guarantees to the new owner, known as "warranties." Understanding what a warranty deed is and how it works can be important for anyone buying or selling real estate.

A warranty deed is a written document that contains specific promises or guarantees made by the seller (the grantor) to the buyer (the grantee). The key feature of a warranty deed is that it guarantees the buyer that the property being sold is free and clear of any encumbrances, such as mortgages, liens, or other debts. This means that if any issues arise with the property's title, the seller is liable to the buyer for any damages.

Warranty deeds are divided into different types based on the level of protection offered. A General Warranty Deed offers the most comprehensive protection, as it includes several types of warranties, including:

  • A warranty of title: The seller guarantees that they have a clear and marketable title to the property and that they have the right to sell it.

  • A warranty of quiet enjoyment: The seller guarantees that the property will not be disturbed by any adverse claims or liens.

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What Are the Capital Gains Tax on Real Estate in Washington State?

Capital gains tax is a tax on the profit that is made when a property is sold for more than it was purchased for. When it comes to real estate, capital gains tax can be a significant consideration for individuals who are looking to sell a property in Washington state. In this blog post, we will explore the capital gains tax laws in Washington state, as well as ways to minimize or avoid paying capital gains tax on a real estate sale.

In Washington state, capital gains tax on real estate is calculated by subtracting the cost basis of the property (usually the purchase price plus any improvements made to the property) from the sale price. The result is then multiplied by the individual's marginal tax rate, which can be found on the federal income tax tables. This means that if you make a profit when you sell a property, that profit will be subject to capital gains tax.

However, it's important to note that there are certain exceptions and exclusions to the capital gains tax on real estate in Washington state. For example, if the property being sold is considered a primary residence, the first $250,000 of gain for single individuals and the first $500,000 of gain for married individuals is excluded from capital gains tax. This means that if the gain on the sale of a primary residence is less than $250,000 for single individuals or $500,000 for married individuals, no capital gains tax will be due. Additionally, if the seller is over 55, they may qualify for the Senior Citizens Exemption, which allows individuals to exclude the first $125,000 of gain from the sale of their primary residence.

Another way to minimize capital gains tax on real estate in Washington state is to invest the proceeds from the sale of a property in another property through a 1031 exchange. A 1031 exchange, also known as a like-kind exchange, allows for the deferral of capital gains tax on the sale of a property as long as the proceeds are invested in another "like-kind" property. This means that if you sell a property, you can use the proceeds to purchase another property of equal or greater value, and defer paying capital gains tax on the sale until the new property is sold.

It's also worth noting that owning the property for a long time can be beneficial in terms of capital gains tax, since it will lower the capital gain because of the exclusion of the first $250k or $500k of gain, as mentioned above. Additionally, you can lower your capital gain by deducting depreciation and expenses that is related to the rental property over the time you owned it. Consultation with a tax professional can help you to understand how to best take advantage of these deductions.

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The Benefits of Using a Lawyer for a House Purchase

When it comes to buying a house, hiring a lawyer can be an essential step in the process. A lawyer can help to ensure that the purchase goes smoothly and that your rights and interests are protected. Here are some of the key ways in which a lawyer can assist you when buying a house.

One of the most important things a lawyer can do when buying a house is to review and explain the purchase contract to you. The purchase contract is a legal document that outlines the terms and conditions of the sale, including the purchase price, closing date, and any contingencies or contingencies. A lawyer can help you to understand the legal implications of the contract and can advise you on any issues or concerns that may arise. They can also negotiate any terms or clauses of the contract to better suit your interests, such as including a clause to protect you if any major issues with the house are discovered before closing.

Another key role of a lawyer when buying a house is to conduct a title search and title examination. The title search is a process of checking the public records to confirm that the seller is the legal owner of the property and that there are no liens or encumbrances on the property. The title examination is the process of reviewing the title search and determining if there are any issues that need to be addressed before closing. A lawyer will be able to identify and advise you of any potential problems or issues with the title, such as missing documents, easements, or zoning violations. They can also help to resolve any title issues that may arise, ensuring that your purchase is a smooth one

Lawyers can also help to prepare and review closing documents and handle the closing process. Closing is the final step in the house buying process, and it is when the ownership of the property is transferred from the seller to the buyer. A lawyer can help to prepare the closing documents, such as the deed and mortgage, and can review them to ensure that they are accurate and complete. They can also attend the closing and answer any legal questions that may arise, ensure the process go smoothly and handle the transfer of funds and documents

A lawyer can also help with any other legal issues that may arise during the house buying process. For example, if you are buying a house that is part of a homeowners association, a lawyer can advise you on your rights and responsibilities as a member of the association. If you are buying a new home, a lawyer can help you to understand and comply with any warranties or guarantees provided by the builder. They can also assist with any disputes or problems that may come up with the seller or real estate agent.

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What is a Transfer on Death Deed (TOD Deed) and How Do Work in Washington State

A transfer on death (TOD) deed is a legal document that allows property owners in Washington state to transfer ownership of their property to one or more beneficiaries upon their death, without the need for probate court proceedings. This type of deed is a useful tool for estate planning, as it allows property owners to ensure that their property will pass to their chosen beneficiaries in a timely and cost-effective manner.

When a TOD deed is executed, the property owner retains full control over the property and can sell, mortgage, or otherwise dispose of it during their lifetime. However, when the property owner dies, the property automatically transfers to the beneficiaries named in the deed, without the need for court approval or the involvement of an executor or administrator.

A TOD deed can have multiple beneficiaries, this means that a property owner can name more than one person to receive their property upon death. The owner can name beneficiaries and specify the percentage of the property each one will receive. This can be useful if the property owner wants to leave different percentages of their property to different beneficiaries or if the property owner wants to leave their property to multiple beneficiaries.

It is important to note that, the beneficiaries named in the TOD deed have no rights to the property until the death of the property owner, also, it does not affect the rights of the property owner or the beneficiaries during the owner's lifetime.

A TOD deed can be executed in Washington State by completing the form provided by the county auditor and recording it with the county auditor’s office. It's also important to consult a lawyer before proceeding with the execution of TOD Deed. The TOD deed must be signed by the property owner in front of a notary public and should also include a legal description of the property.

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Using a Quit Claim Deed to Transfer Property Ownership in King County, WA

Transferring property ownership in King County, Washington using a quit claim deed is a relatively straightforward process, but it's important to understand the implications of using this type of deed before proceeding. In this blog post, we will explain what a quit claim deed is, the steps involved in transferring property ownership using a quit claim deed, and the potential risks and benefits of using this type of deed.

A quit claim deed is a legal document used to transfer ownership of a property from one person to another. Unlike a warranty deed, which guarantees that the person transferring the property (the grantor) holds a valid title to the property and will defend against any claims to the title, a quit claim deed makes no such guarantees. Instead, it simply transfers whatever interest the grantor has in the property to the person receiving the property (the grantee).

The process for transferring property ownership using a quit claim deed begins with the grantor signing the quit claim deed in front of a notary public. The grantor must also provide a legal description of the property, which can typically be found on the property's previous deeds or by consulting a property survey. After the grantor has signed the quit claim deed, it must be filed with the King County Recorder's Office, along with any applicable filing fees. Once the quit claim deed is filed and recorded, the ownership of the property will be transferred to the grantee.

There are potential benefits to using a quit claim deed when transferring property ownership. For example, if the grantor is uncertain of their ownership rights to the property, a quit claim deed can be used to avoid any potential legal disputes over the title. Additionally, since a quit claim deed does not make any guarantees about the property's title, it may be a useful option in situations where the grantor is unable to obtain a clear title.

However, there are also significant risks associated with using a quit claim deed. For example, if the grantor does not actually have a valid title to the property, the grantee may not be able to assert their ownership rights if a third party claims an interest in the property. Additionally, if the grantor is aware of any outstanding liens or encumbrances on the property, they may be required to disclose these to the grantee, but quit claim deed does not guarantees that. This can cause issues for the grantee if they later try to sell the property or secure financing for it.

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New Eviction Laws for King County, Washington in Response to COVID

Eviction laws in King County, Washington have recently undergone significant changes to protect tenants during the COVID-19 pandemic. These new laws are designed to prevent landlords from evicting tenants for non-payment of rent and to provide financial assistance to those who are struggling to pay their rent due to the economic impact of the pandemic.

One of the most significant changes to eviction laws in King County is the temporary ban on evictions for non-payment of rent. This ban, which went into effect on March 18th, 2020, prevents landlords from evicting tenants who are unable to pay their rent due to the economic impact of the pandemic. This ban applies to both commercial and residential tenants and will remain in effect until the governor's emergency proclamation ends or until December 31, 2021.

In addition to the eviction ban, King County has also established a COVID-19 Housing Assistance Program to provide financial assistance to tenants who are struggling to pay their rent. The program is designed to provide financial assistance to tenants who have experienced a loss of income due to the pandemic and is available to both commercial and residential tenants. To qualify for the program, tenants must meet certain income and eligibility requirements.

Another change in the eviction laws is the restriction on the landlord's ability to give notices to vacate. Landlords may only give notice to vacate a tenant for certain reasons, such as for non-payment of rent, for violation of the lease agreement or for causing damage to the property. Any other reasons for eviction are not allowed during the pandemic.

Additionally, the new law requires landlords to provide tenants with a written notice of their rights and resources under the eviction moratorium. This notice must be provided in English and any other language that is spoken by more than 5% of the tenants in the building, and must be provided in writing.

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