Recent News

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

Most of us at some point will be the party to a contract which the other party breaches, or will be the victim of someone else’s negligence or wrongful conduct.  Such breaches of duties owed to you may make the other party liable to you.  But this does not mean you can just sit back… Read More

In a recent news story (see this video from Inside Edition: https://www.youtube.com/watch?v=FAxpCbUSmrk), a Maine man decided to cut his neighbor’s garage in half after learning from a survey that the garage encroached on the man’s property.  It is a common misconception that just because records show land belongs to someone, that person has the unfettered right… Read More

Real estate brokers in Washington frequently confront situations where they must carefully navigate to avoid acting as lawyers.  In Washington, it is a misdemeanor to engage in the “unauthorized practice of law.”  Court rules define the practice of law as “the application of legal principles and judgment with regard to the circumstances or objectives of… Read More

Over the last half-century or more, the public has grown accustomed to laws protecting consumers. We hear of large damage awards for perceived minor breaches of duties owed to a consumer. In such an environment, buyers of real estate may be lulled into a false sense of security, assuming incorrectly that they may rely mostly… Read More

On June 2, 2020, Washington State Governor Jay Inslee issued Proclamation 20-19.2, which extends the statewide moratorium on evictions until August 1, 2020.  My colleague Todd Cook previously posted about the original moratorium and April modification to it here:  https://beresfordlaw.com/governor-inslee-expands-scope-of-eviction-moratorium-and-extends-moratorium-until-june-4-2020/.  This latest extension continues most of the same prohibitions as existed previously.  The moratorium prohibits… Read More

In nearly all circumstances, an easement entitles its holder to make only limited use of another’s land.  The default rule in Washington as in most jurisdictions is that even when an owner’s land (legally known as the “servient tenement” or commonly referred to as the “burdened property”) is encumbered by an easement in favor of… Read More

Seattle has long had a reputation for tenant-friendly regulations.  In the wake of COVID-19, starting in March 2020, Seattle took several actions culminating in a lengthy moratorium on certain evictions.   On May 6, 2020, Mayor Durkan signed into law a bill unanimously passed by the Seattle City Council (full text here: https://seattle.legistar.com/LegislationDetail.aspx?ID=4427723&GUID=0651D7FC-E708-40E6-8AFA-090008E8C4A4&FullText=1), known as Ordinance 126075, which… Read More

When parties enter into a contract, they usually assume the contract will be performed.  But what happens in the event of a breach?  The default is for a dispute to spawn litigation if the parties cannot resolve it on their own.  Ordinarily the non-breaching party must establish with reasonable certainty their actual damages to obtain… Read More