Recent News

In the first part of the blog post, I explained what goes into a title policy.  This part of the blog post discusses how a title policy does and does not protect you. Coverage Generally Title insurance policies protect their insured against actual losses resulting from “covered risks,” which generally include:  (1) Someone else owns… Read More

Elsewhere on our website, we have discussed the importance of reviewing title insurance policies and preliminary commitments.  While those topics are important for people involved in real estate transactions, this post is devoted to a more basic explanation of title insurance.  As explained in greater detail in this series of blog posts, title insurance generally… Read More

Lawyers often speak of clients being “judgment proof.”  This phrase does not mean a defendant enjoys immunity from a judgment being entered against them; rather, it refers to a potential judgment being worthless in a practical sense because the potential debtor would not have assets available for collection by the creditor.  There are a host… Read More

Background Since the 1700s, the American legal system has largely clung to a tradition of not automatically awarding attorneys fees to the party who prevails in court.  In Washington, the general rule has been that the prevailing party does not get their attorneys fees unless a statute or a contract with the losing party specifically… Read More

Real estate disputes frequently involve disagreements over rights of ownership, possession, and use of property.  However, the rigors of the litigation process and the ability of courts to process cases typically means it will take a year or more before the case gets resolved through a trial on the merits.  What do the parties do… Read More

In our capitalistic system, the law generally favors freedom of individuals and entities to enter into contracts as they see fit.  Most of the time, when someone breaches a contract, we consider such an event the product of the breaching party’s free choice, and the only liability flowing from the breach is that of the… Read More

There are many possible interests in real estate.  “Fee simple” is the most easily understood, which means ownership of the land itself.  Easements are the right to use land owned by someone else for specified purposes.  Generally, easements are perpetual and run with the land, meaning that they go on indefinitely and transfer to new… Read More

Many non-lawyers have heard the term “due diligence” in the context of real estate, but the term can feel confusing or legalistic.  Due diligence refers to the investigation, research, and analysis which buyers are expected to perform prior to closing on a transaction, to satisfy themselves that the asset they are purchasing will meet their… Read More

When you are served with a lawsuit, the law generally requires you to defend against the lawsuit.  Common psychological reactions to being served are panic and paralysis.  But just as a deer in the headlights can freeze up and seal its own fate of getting struck by a vehicle, defendants can be hit with a… Read More