Recent News

Beware Of Timelines For Mechanics’ Liens: Warranty Work Won’t Give You Extra Time

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 5/11/2021
Cashflow is often the lifeblood of the construction industry.  When contractors do work or supply materials without timely payment from their customers, it can have major impacts on their ability to continue operating effectively.  A contractor’s ability to make payroll and stay current on accounts with their suppliers and subcontractors is vital to protecting their… Read More

Private Condemnation: A Remedy For Landlocked Property And Access Problems

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 4/5/2021
Eminent domain, generally speaking, is the power of the government to take private property without the private owner’s consent.  Under the U.S. Constitution, the government exercising this power must compensate the property owner for the fair market value of the property taken.  The U.S. Supreme Court has held that it is not a violation of… Read More

What Is The Difference Between A Prescriptive Easement And Adverse Possession?

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 3/2/2021
Most non-lawyers have probably heard about adverse possession- the concept that you can become the owner of someone else’s property by treating it as your own.  But the term “prescriptive easement” is not as well known.  The two concepts have different requirements and implications for the rights of the parties.  Adverse Possession concerns a claim of ownership of… Read More

Before You Sue For Defamation

Washington State Litigation Lawyer Andrew M. McKenzie | 2/3/2021
More than ever before in human history, negative messages are capable of viral dissemination.  Online platforms and various forms of social media spread information, good and bad, with various levels of accuracy, faster than ever before.  For both businesses and individuals, negative information can deal a devastating blow to reputation.  People and businesses who feel… Read More

Disclosure Duties Of Real Estate Brokers

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 1/20/2021
Most people with some experience in real estate transactions are aware of a seller’s duties generally to disclose to the buyer adverse material facts about the property being sold.  But what duties do brokers have in this regard?  Washington law imposes on brokers certain non-waivable duties owed “to all parties to whom the broker renders… Read More

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 12/2/2020
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

Seller Disclosures: Critical Implications For Earnest Money Disputes

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 10/1/2020
Real estate purchase and sale agreements range from the simple to the highly complex.  In most circumstances, the buyer deposits some amount of earnest money to show their good faith and commitment to performing under the contract.  Depending upon the language of the purchase contract, a typical consequence of the buyer defaulting is forfeiture of… Read More