Recent News

Shotgun Buy-Sell Agreements – What Are They? Do I Need One?

Washington State Business and Real Estate Lawyer David C. Tingstad | 9/1/2021
The premise of the shotgun buy-sell agreement is an age-old technique that dates back far beyond its legal history. Explore this analogy with me: one piece of grandpa’s famous chocolate cake remains from a family birthday party and both you and your sibling want that cake but cannot agree on who gets what size portion.… Read More

Due Diligence And Employment Issues In Transactional Matters: The Lessons Of Clarity Capital Corp. v. Ryan, Newman, & Salish Wealth Mgmt.

Washington State Business and Real Estate Lawyer David C. Tingstad and Washington State Employment Law Lawyer Laura Y. Davis | 8/31/2021
In the context of a business combination—whether it is an asset purchase, stock purchase, or merger—due diligence is critical to establishing and maintaining value.  A recent case from the Washington Court of Appeals (Clarity Capital Corp. v. Ryan, Newman, & Salish Wealth Mgmt.), though unpublished, highlights a couple of lessons when it comes to due… Read More

Making The Commitment To Review Your Preliminary Commitment

Washington State Real Estate Law Lawyer Babak Shamsi | 8/26/2021
When purchasing a property, a buyer has a multitude of different considerations to keep in mind, such as reviewing Form 17 disclosures, addressing financing contingencies, reviewing inspections, and considering earnest money deposits, escalation clauses, and more.  The list can feel endless.  One of the most important documents involved in the purchase of a home, the… Read More

Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/16/2021
Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial… Read More

Landlord’s Premises Liability To Third Parties

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/5/2021
A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Two Common Problems With Contractor Liens In Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 8/2/2021
Contractor liens are powerful tools. When contractors are not paid for their work, they may record a contractor lien (aka “materialman’s lien” or “mechanic’s lien”) against the property to ensure payment. RCW 60.04 governs the requirements for these liens. If a contractor records a proper lien against the property, RCW 60.04 allows them to foreclose… Read More

Community Living: Board Members Take Care To Exercise Your Duties

Washington State Real Estate Law Lawyer Babak Shamsi | 7/27/2021
Recently, the tragic and shocking collapse of the Surfside condominium in Florida has made national headlines. This truly devastating event left many questions unanswered regarding the causes of the collapse. News reports have indicated that in the years leading up to the collapse, the Board of Directors for the condominium had become frustrated by internal… Read More