Recent News

Illegal Contracts Are Always Void In Washington State

the Lawyers at Beresford Booth | 7/15/2013
The Washington State Court of Appeals, Division II, recently reaffirmed the longstanding legal principal that a contract which is illegal is void—that is, the contract is null from the beginning and unenforceable by either party.  The referenced case is Bankston v. Pierce County, Cause No. 42850-4-II, decided May 21, 2013. 2013 Wash App. LEXIS 1228.… Read More

Why An Attorney Should Draft Your Partnership Agreement, LLC Agreement Or Operating Agreement

Washington State Business and Real Estate Law Lawyer William O. Kessler | 6/11/2013
Most people know they should have a contract with their business partners.  But too often, they try to perform the legal drafting themselves, or they use a form inapplicable to their specific partnership.  Usually, such contracts do more harm than good.  Most small businesses form as LLCs in Washington, and rightfully so.  By far the… Read More

How To Have A Deed Of Trust Removed From A Title In Washington State

the Lawyers at Beresford Booth | 6/1/2013
You borrow money to buy or refinance your home.  Your lender takes a deed of trust on your home as collateral.  Some time goes by and you pay off the loan or refinance it with a new lender who also takes a deed of trust on your home as collateral.  More time goes by and… Read More

Washington Court of Appeals Reverses Lower Court In Civil Harassment Matter Involving Multiple Owners Of Real Property

the Lawyers at Beresford Booth | 5/28/2013
The Washington State Court of Appeals reversed the decision of the Superior Court granting a civil anti-harassment order against the appellant, which prohibited the appellant from the use and enjoyment, her real property.  The property, a beachfront home, was owned by several members of the same family, including the appellant.  Following a series of alleged… Read More

Neighborhood Boundary Line Dispute Escalates Into A Bulldozer Rampage

the Lawyers at Beresford Booth | 5/17/2013
Just days after a Port Angeles man made national news by demolishing his neighbor’s home and flattening his neighbor’s truck, along with damaging several other homes, media outlets are reporting that the bulldozer-wielding man “was angry about a longstanding dispute over a property line and fence.” Lawyers at Beresford Booth have extensive experience in resolving… Read More

What’s in a Name under the Uniform Commercial Code in Washington?

the Lawyers at Beresford Booth | 5/17/2013
For a secured transaction under the Uniform Commercial Code (the “UCC”) starting on July 1, 2013, it is a lot.  It could mean the difference between success and failure.  Article 9 of the UCC (Article 9A in Washington) governs the creation of most security interests in personal property.  In most cases, a financing statement must… Read More

The Most Common Construction Defects That Lead To Water Damage In The Pacific Northwest

the Lawyers at Beresford Booth | 5/13/2013
As summer approaches Pacific Northwest property owners come out of hibernation, into the sun, and inevitably begin dealing with repair and maintenance on their properties including their homes and condominiums.  Now is a good time to review your property’s weatherproofing and examine any areas where you may have had any water intrusion over the past… Read More

How To Efficiently Adjust Property Lines In Washington State

the Lawyers at Beresford Booth | 4/29/2013
A friendly quiet-title lawsuit is usually the most efficient option to adjust property lines in Washington State. You and your neighbor just settled a property line dispute with a handshake.  Now you figure you must head down to City Hall to fill out a boundary line adjustment application (“BLA”).  But your most efficient route to an… Read More

Real Estate Investor Capital Gains Tax Rates Go up in 2013

the Lawyers at Beresford Booth | 3/14/2013
Effective January 1, 2013, the top capital gain tax rate has been permanently increased to 20% for married couples filing jointly with incomes exceeding $450,000 (400,000 taxable income for single filers). Investors owe capital gains taxes for taxable transfers of real property on the gain associated with the transfer. Please contact one of the real… Read More