Recent News

Most of the time, an owner of real estate can sell it to whomever they wish, under the terms which they and their chosen buyer mutually deem acceptable.  However, in some cases, that right to sell is restricted.  A “right of first refusal” (“ROFR”) is the right of a third party to purchase property from… Read More

Subdivision of property in Washington State is, generally speaking, highly regulated, and has been for many decades.  For Many owners of potentially subdividable land find themselves deterred from going through the process because of how onerous it is.  Subdivision can cost a lot and take a while.  Both state and local governments want to protect… Read More

Property owners sometimes assume they can do (or should be able to do) whatever they want with their land.  Of course, the world is not that simple; living in a civilized society involves an interconnectedness which necessarily means that some land uses are bound to affect those around us.  Stemming from that recognition are a… Read More

Washington State’s Unfair Business Practices Act, commonly referred to as the Consumer Protection Act, or “CPA”, provides powerful protections and remedies for consumers who have been harmed by a business’s deceptive acts or practices.  You can read more about the CPA here and here to gain a better general understanding. But what about price gouging? … Read More

It is a common misconception, particularly among non-lawyers, that contracts must be in writing to be enforceable.  That is true some of the time, but the general rule is that oral agreements are enforceable, so long as the requirements for a contract are met.  A contract is a legally enforceable promise or set of promises. … Read More

Developing land is often complicated.  The would-be developer must take into account a host of considerations, not the least of which are: (a) property acquisition; (b) financing; (c) zoning; (d) presence of environmentally critical areas; (d) local development codes; (e) subdividability; (f) bureaucracy and politics of local jurisdictions; (g) market forces; (h) title issues; (i)… Read More

About three years ago, I posted on private condemnation generally, here: https://beresfordlaw.com/private-condemnation-a-remedy-for-landlocked-property-and-access-problems/, explaining how private condemnation can be the solution to getting access to landlocked property.  A recent case from Division II of the Washington State Court of Appeals has further illustrated how private condemnation can apply in the face of arguments over feasibility of… Read More

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

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