Archive For: Business & Real Estate Law

Collections And Limited Liability Companies

Posted: Mar 14, 2019

By: Washington State Business Law Lawyer Babak Shamsi

When a creditor obtains a judgment against a debtor, there are numerous possible avenues for enforcement.  Typical collection efforts may include wage garnishment, bank garnishment, and personal property execution.  Collection strategies depend greatly upon the financial circumstances of the debtor.  One nuanced area of enforcement involves collection efforts against a debtor who is a member of a limited liability company (“LLC”).

Some debtors will form LLCs to shield their financial assets and income from collection.  However, an LLC does not provide absolute protection.  Under RCW 25.15.256, courts may in certain circumstances issue a charging order that...Read More

Equitable Indemnity In Washington State

Posted: Mar 6, 2019

By: Washington State Business & Real Estate Lawyer William O. Kessler

What is Equitable Indemnity?

Sometimes a party’s wrongful act or omission causes the wronged party to enter litigation with an unrelated third party. The common law theory of equitable indemnity says that the separate third party may be entitled to compensation from the initial wrongdoer as an element of damages. In Washington, this rule is also known as the “ABC Rule”: When A wrongs B, causing B to litigate with C, B may be entitled to a judgment for money damages and attorney fees from A.

How is it applied?

For example, Barry buys a house...Read More

Dissolution Of An LLC In Washington State – What Happens?

Posted: Feb 28, 2019

By: Washington State Business Law Lawyer David C. Tingstad

All limited liability companies embark upon journeys of varying length, activity, and consequence. Eventually, LLCs reach their journeys end and require dissolution. The process of dissolution and the time dissolution requires is different for every LLC, but what really happens with an LLC upon dissolution?

Dissolution

LLCs dissolve for a multitude of reasons. For example, the LLC agreement may provide for an event or date of dissolution, the members may consent to dissolution, the LLC can dissolve administratively (via the Secretary of State) or judicially (via a court decision). However, dissolution does not end the...Read More

Partitions In Washington State

Posted: Feb 26, 2019

By: Washington State Business and Real Estate Law Lawyer Babak Shamsi

Property Ownership

In Washington, there are multiple ways in which individuals can agree to co-own real property. The most common form of ownership between unmarried parties is as tenants in common.  Tenants in common have great flexibility in how they can divide ownership interests. For example, two owners can own a property evenly, or they can choose to split their ownership interests in another manner, such as by giving one owner a 75% interest and the other owner a 25% interest. Additionally, tenants in common can pass on ownership through their wills. Most owners agree to...Read More

Easements In Washington State May Terminate For Frustration Of Purpose

Posted: Feb 5, 2019

By: Washington State Business & Real Estate Lawyer William O. Kessler

Property boundary lines are often not as simple as square boxes aligned neatly next to one another. An easement is a prime example of the complexities associated with boundary lines. Easements are a right to use (not own outright) or restrict the use of someone else’s land, and issues regarding easements tend to get tricky.

For example, Bob owned a piece of land with an easement through the property. The easement was used for a long driveway leading to neighboring parcels, and the owners of those neighboring parcels were permitted to access the road for ingress to...Read More

Adversary Actions In Bankruptcy

Posted: Jan 31, 2019

By: Washington State Business and Bankruptcy Lawyer Jonathan P. McQuade

As a creditor, it can be immensely frustrating when a debtor files for bankruptcy protection.  Even after filing your “proof of claim” evidencing the debt owing to you, in most cases, that debt will be forever discharged – e.g., wiped out – and you’ll receive little to no payment.   From a layman’s perspective, it may feel “fraudulent” that the debtor avoided your debt especially in cases where the debtor promised over and over that he or she would pay you.  Those promises – whether orally or by contract – typically do not warrant additional legal action in...Read More

Lis Pendens In Washington State

Posted: Jan 31, 2019

By: Washington State Real Estate Law Lawyer Per E. Oscarsson

A lis pendens is a notice of a lawsuit involving title to a piece of real estate.  It is recorded in the real estate records of the county where the real estate is located and it puts the public on notice of the lawsuit.  It can result in potential buyers of the property and potential lenders to the property’s owner not wanting to deal with the property owner because of the risk that the property owner’s title to the property is not what they thought it was.  In addition, anyone who receives a conveyance of the property...Read More

Washington State’s Paid Family Leave Program

Posted: Jan 31, 2019

By: Washington State Business Law Lawyer Andrew M. McKenzie

In July of 2017, Governor Jay Inslee signed into law legislation guaranteeing paid family leave to employees across Washington State. The groundbreaking move places Washington in a small group of states who have passed such legislation. While prior law generally mandated only unpaid leave and left many employees ineligible due to the size of their employers, the new law will cover nearly all employees in Washington who have worked at least 820 hours in employment during the qualifying period.  The law will offer the most generous paid leave plan in the country with a minimum of 12...Read More

Easements In Washington State

Posted: Jan 30, 2019

By: Washington State Real Estate Law Lawyer Matthew J. Cruz

An easement is a right to use (not own) someone else’s land.  The party who enjoys the “use” is referred to as the “benefitted party” or “grantee”, while the party who owns the land is referred to as the “burdened party” or “grantor”.  Commonly, the right and burden of “use” stays with the land for the benefit and burden of subsequent owners.  The nature of the “use” can vary widely depending on the circumstances.   Easements can be created in a number of ways including by express (written) grant, implied from parties’ conduct, and by prescription.  Similarly, easements...Read More

Unilateral And Mutual Mistakes In Contracts In Washington State

Posted: Jan 22, 2019

By: Washington State Litigation and Business Law Lawyer Babak Shamsi

When parties form a contract, they usually write the contract with terms conforming to their intentions and expectations. Unfortunately, sometimes one or both parties err in accurately expressing these intentions and expectations within the terms of a contract.  To make matters worse, one party often reaps the benefit of that mistake and will defend the contract vigorously to take advantage of the benefit.  In such disputes, the legal doctrines of unilateral mistake and mutual mistake often arise in the context of litigation between the parties.

When a party unilaterally makes a mistake, the party generally is not...Read More

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