Recent News

The Limits of After-Acquired Property Provisions

Washington State Real Estate Law Lawyer Eli K. Yim | 3/1/2023
By statute, the conveyance of an interest in real property must be accomplished by deed. Sometimes the operative deed includes an “after-acquired property” provision, in which the grantor conveys all of its interest in the real estate, “together with all after acquired title of the Grantor therein.” The effect of this language has its limits.… Read More

Where to File a Lawsuit: Forum Selection Clauses

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 2/13/2023
In most cases, it is easy to figure out which court is the proper one in which to file a lawsuit.  Parties to a lawsuit usually reside in reasonably close proximity to one another, and statistically, the events giving rise to the lawsuit also happen in close geographic proximity to each other and the parties. … Read More

Unlicensed Contractors Beware!

Washington State Business & Real Estate Lawyer William O. Kessler | 2/9/2023
These days, good residential contractors are usually booked out for months. Many handy folks are performing remodels as side jobs, or even working full-time, without obtaining a contractor’s license. Washington state law prevents someone who does work as a contractor from suing a customer for breach of contract, unless that worker is licensed with the… Read More

Condominium Insurance Policies

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 2/6/2023
When an insurable damage event occurs in a condominium, HOA officers and other unit owners often find themselves asking: “What insurance policy will cover the damage?” The answer, perhaps unsurprisingly, may depend on several factors.  Washington State legally requires all condominium associations to purchase insurance to cover their buildings. However, the type of insurance required… Read More

The Trustee as Third Party to a Deed of Trust

Washington State Litigation Lawyer Eli K. Yim | 1/31/2023
While Washingtonians colloquially reference “mortgages” when describing their home loans, the legal instrument that encumbers their property in Washington is more precisely a “deed of trust.” A deed of trust is not (in the commonly-held sense) a “deed,” in which a seller conveys title in real estate to a buyer. Of course, buyers of real… Read More

When Is A Settlement Final?

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 1/30/2023
Most litigation ends in some form of settlement without a trial actually taking place.  But one critical question becomes, “At what point in time does a party enjoy protection from further litigation via a settlement agreement?”  A recent unpublished decision illustrates the perils of assuming a settlement is a done deal when there are still… Read More

Why Should I Read My Preliminary Title Commitment or Title Report?

The Lawyers at Beresford Booth | 1/30/2023
If you are buying or selling real estate, whether residential or commercial, the transaction will most likely include a requirement for the seller to provide the buyer with title insurance. The first step in that process is to get what is usually referred to as a preliminary title commitment or a title report. It is… Read More