Recent News

Do I Have To Use A Realtor/Real Estate Agent To Buy Or Sell?

Washington State Litigation Lawyer Andrew M. McKenzie | 3/18/2024
Real estate sales usually involve professional realtors who earn commissions when a sale closes.  But buyers and sellers have no obligation to use a realtor.  Generally speaking, parties to a real estate transaction have three options: (1) realtor representation; (2) self-representation; and (3) lawyer representation.  You should give consideration to all three options before deciding… Read More

Can I Get My Earnest Money Back?

Washington State Litigation Lawyer Andrew M. McKenzie | 3/11/2024
Most people have heard the phrase “earnest money,” which generally refers to money deposited (usually with an escrow holder) to show a good faith intention of a buyer to consummate a purchase of property (usually real estate).  Buyers often do not understand how earnest money operates and what determines its fate when a real estate… Read More

Adverse Possession And The Burden Of Persuasion

Washington State Litigation Lawyer Andrew M. McKenzie | 1/16/2024
Lawyers and laypersons alike are prone to self-bias.  We tend to believe in our own case, and this righteous indignation can sometimes create blind spots.  Most commonly, these blind spots include failure to appreciate evidence and arguments advanced by the opposition.  Failure to accurately gauge risk leads to poor decisions in disputes, including missed settlement… Read More

No Lender Liability For Alleged Inflated Appraisal

Washington State Litigation Lawyer Andrew M. McKenzie | 12/1/2023
Especially since the Great Recession, distressed borrowers have felt the need to get creative in coming up with theories to avoid foreclosure.  Borrower desperation sometimes inspires borrowers to project blame on the lender for poor underwriting practices.  To paraphrase the arguments of some borrowers, “If my lender had been more careful, I wouldn’t have borrowed… Read More

WA Supreme Court Says No Special Treatment Shielding High Ranking Corporate Officers From Depositions

Washington State Litigation Lawyer Andrew M. McKenzie | 11/1/2023
Litigation against corporations can often involve large amounts in controversy.  Even when the underlying dispute is a small one, plaintiffs suing corporations may wish to motivate the corporation to settle on more favorable terms by demanding to take the depositions of high ranking corporate officers.  The officer may fear a loss or their valuable time,… Read More

Superseding Cause: A Possible Defense To Liability

Washington State Litigation Lawyer Andrew M. McKenzie | 10/6/2023
Generally speaking, wrongdoers are liable for the harm they cause when they breach legal duties.  But a plaintiff who sues over such wrongdoing must prove the existence of a duty, breach of that duty, causation, and damages.  Long enshrined in American common law is a principle known as superseding cause, which holds that the “chain… Read More

Two Kinds Of Adverse Possession In Washington: Statutory Vs. Common Law

Washington State Litigation Lawyer Andrew M. McKenzie | 9/6/2023
Most people when discussing adverse possession claims in Washington are unwittingly referring only to one kind- common law adverse possession.  Technically, there are two basic species of adverse possession in Washington- claims based upon statute, and claims based on the common law. Common Law Elements: To establish a common law claim of adverse possession, the… Read More

Andrew McKenzie presents on Washington Land and Water Law

Washington State Litigation Lawyer Andrew M. McKenzie | 8/29/2023
Beresford Booth partner Andrew McKenzie recently served on the faculty of “Washington Land and Water Law: Ownership and Access 2023,” a continuing legal education seminar presented by HalfMoon Education, Inc. Andrew is a seasoned commercial litigator with significant experience in real estate related disputes. He also handles complex real estate transactions. The seminar is available… Read More

Deed of Trust vs. Personal Liability: An Important Distinction

Washington State Litigation Lawyer Andrew M. McKenzie | 7/20/2023
Lawyers and non-lawyers alike often get confused between legal documents which constitute personal liability and legal documents which secure the debt.  When you get a mortgage on your house or other property, the most common set of documentation included in the loan will include a promissory note and a deed of trust.  The promissory note… Read More