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Partition Actions: Addressing Disputes Between Tenants in Common

Washington State Business Law and Litigation Lawyer Babak Shamsi | 10/18/2021
In Washington State, unmarried individuals who purchase real property together typically do so as tenants in common, as this provides significant flexibility for each co-owner.  For example, tenants in common can independently pass their respective ownership interests to their heirs after death and can sell their individual ownership interests in the real property to third parties. … Read More

Buying a House with Friends in Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 10/14/2021
Are you trying to buy your first home? Do you peruse prices on Redfin with incredulity – then weep softly? Are you unwilling to commute from a shack on the outskirts of North Bend? Like many in your shoes, you might consider buying a home with friends. Residential co-ownership among friends is becoming an increasingly-common… Read More

Forfeiture of Interest in Action

Washington State Business and Real Estate Lawyer David C. Tingstad | 10/13/2021
Last week, we discussed capital contribution in the context of Moses Land Grow LLC v. Brickstone Holdings LLC. This week, as promised, we will discuss the Brickstone remedy for a failure to contribute capital. Brickstone Continued As you will recall, Fladseth and Moses Land Grow LLC (MLG) agreed to form Brickstone Holdings LLC (BH) to purchase and… Read More

Does Your Property Have An Easement On It? How To Find Out

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 10/1/2021
I have often seen people make the mistake of assuming that one can easily determine the existence of an easement by simply searching the public records for a document called “easement.”  Owners, prospective owners, real estate brokers, and even attorneys are not immune from making that mistake.  This blog post will help you consider the… Read More

Capital Contributions and the Case of Brickstone Holdings, LLC

Washington State Business and Real Estate Lawyer David C. Tingstad and Andrew J. Tingstad | 9/29/2021
Last week, we discussed different possible remedies for a failure to contribute capital. This week, let us consider a recent Washington Court of Appeals case, Moses Land Grow LLC v. Brickstone Holdings LLC, that helps to clarify the definition of a capital contribution. Moses Land Grow LLC v. Brickstone Holdings LLC In March of 2017,… Read More

Beware The Corporate Practice of Medicine

Washington State Business Law and Litigation Lawyer Babak Shamsi | 9/23/2021
Washington State provides that, generally, a business entity may not employ medical professionals to practice their licensed professions.  This Corporate Practice of Medicine (CPOM) doctrine protects the relationship between medical doctors and patients.  The doctrine dates back to 1943, when the Washington Supreme Court ruled in State ex rel. Standard Optical Co. v. Superior Court, that only a person,… Read More

Selling Investment Real Estate In Washington State? Consider a 1031 Exchange Into a DST (Delaware Statutory Trust)

Washington State Business & Real Estate Lawyer William O. Kessler | 9/22/2021
Real estate attracts investors for many reasons, including tax advantages. Upon sale of investment real property, you are subject to capital gains tax. However, you may delay payment of that tax by quickly purchasing new real estate (a “replacement” property) after the sale of the original property. Section 1031 of the Internal Revenue Code sets… Read More

Remedies For Failure To Contribute Capital

Washington State Business and Real Estate Lawyer David C. Tingstad | 9/22/2021
Every business needs capital, so what happens when members form an LLC and promise to contribute capital but fail to follow through?  The breach of such a promise is foreseeable, so plan for it. Consider drafting provisions in an LLC Agreement that outline remedies when a member breaches their promise to contribute. Our discussion this… Read More

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