Recent News

Substantial Changes Coming To Washington State Excise Tax

Washington State Business & Real Estate Lawyer William O. Kessler | 8/20/2019
On January 1, 2020, Washington state’s new graduated real estate excise tax takes effect.  The excise tax (aka transfer tax) is paid upon closing the sale of real property.  The amount of tax changes depending on the value of the sold property.  The existing excise tax is a flat 1.28%. The new excise tax is… Read More

Considerations For LLC Agreements

Washington State Business and Real Estate Lawyer David C. Tingstad | 8/12/2019
Businesses have life cycles: birth (formation), life (operation), and death (liquidation and winding up). Many business owners form a limited liability company (“LLC”) by filing a Certificate of Formation, but fail to complete the necessary structuring of the LLC to maximize the benefits of LLC. When utilized properly, the flexibility the LLC offers coupled with… Read More

Homestead Exemptions In Washington State

Washington State Business and Real Estate Law Lawyer Andrew M. McKenzie | 7/15/2019
A homestead exemption protects homeowners and the equity in their homes from judgment creditors seeking to collect on unsecured debts.  Pursuant to RCW 6.13.010, a “homestead” is real or personal property that the owner uses as a residence.  Washington allows for these homesteads to be protected for up to $125,000 of a home’s value.  In… Read More

Earnest Money Disputes In Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 6/20/2019
What is Earnest Money? In the purchase of real estate, it is common for a buyer to put down a deposit called earnest money. This deposit is made to a seller to represent the buyer’s good faith towards buying the real property at issue.  Earnest money is typically held in an escrow account until closing,… Read More

Washington LLC Membership Has Its Privileges

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/3/2019
In Washington State, as with most states, LLC members hold certain rights deriving from statute as well as contract rights.  Most all of the rights identified in our LLC Act, RCW 25.15 (the “Act”) are subject to modification by agreement.  In the absences of an agreement to the contrary, members of LLCs, pursuant to the… Read More

Amendments To Washington’s Residential Landlord-Tenant Act

Washington State Business & Real Estate Lawyer William O. Kessler | 5/30/2019
Key amendments to Washington State’s Residential Landlord-Tenant Act (RCW 59.18, or the “Act”) will become law on July 27th, 2019.  The new amendments expand protections for tenants while limiting landlords’ eviction options.  Additionally, the amendments expand judicial discretion in eviction hearings. Before, judges were strictly bound by the statute, but, after July 27th, judges may… Read More

Condominium And Homeowners Associations In Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 5/21/2019
In Washington State, residential communities made up of single-family homes, townhouses, or apartment units frequently arrange themselves into associations to address the common interests and liabilities of the property owners.  These community associations often take the form of condominium associations (“CAs”) or homeowners associations (“HOAs”).  While the two are often named interchangeably, the differences between… Read More

Adverse Possession In Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 5/14/2019
What is Adverse Possession? Adverse possession is a legal doctrine under which a person can establish real estate ownership through consistent use (i.e. possession) of someone else’s property.  To establish a claim of adverse possession, the claimant must prove that the claimant’s possession is: (1) exclusive, meaning no other person has possessed the property for… Read More

Construction Liens In Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 4/22/2019
In Washington, disputes in construction projects often involve complex issues between numerous parties.  Parties to a construction project may include prime contractors, subcontractors, suppliers, and laborers, all of whom work with the expectation of compensation for their services.  When these parties are not paid for their work they may file and attempt to enforce liens… Read More