Recent News

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  A recent unpublished decision illustrates the perils of assuming a settlement is a done deal when there are still… Read More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

How to Correct a Legal Description in your Deed or Deed of Trust 

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 1/17/2023
From time to time, parties that enter contractual relationships involving real property find themselves in circumstances where the document of conveyance or encumbrance, such as a vesting deed or a deed of trust, contains an improper legal description. In the case of the purchase and sale of real estate, this can leave parties with a… Read More

Excise Tax Threshold Increases 2023 – Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 1/9/2023
Real estate excise tax (“REET”) is generally owing on the sale of every parcel of real estate in Washington. REET is one tax that has actually decreased for most Washingtonians in recent years. Recently, the Washington State Department of Revenue (DOR) released the graduated real estate excise tax (REET) threshold increases for 2023, effective January… Read More

Unconscionability of Construction Warranties

Washington State Business & Real Estate Lawyer William O. Kessler | 11/3/2022
About a week ago, the Washington Supreme Court released an important opinion regarding construction warranties for new homes. See Tadych v. Noble Ridge Construction, 2022 WL 15027140 (Wash. 2022). The Court held that a contractual one-year time limit for a new home buyer to bring a construction defect suit was substantively unconscionable and, therefore, void… Read More