Recent News

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

Real Estate Contracts – What Are They?

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 11/1/2022
Most people when they hear the term “real estate contract” probably think of a purchase and sale agreement, but there are actually important distinctions, no matter how similar the two terms may sound. In the real estate contract, a purchase and sale agreement is a contract under which, in exchange for a purchase price paid… Read More

Introduction to Real Property Conveyance Deeds

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 10/3/2022
Parties often grant legal rights by way of written deeds. A deed affecting real property typically encumbers or conveys that property. In Washington State, parties may convey real property by way of a variety of deeds.   The most common conveyance deeds in Washington State include Statutory Warranty Deeds, Bargain and Sale Deeds, and Quit… Read More

What is the Statute of Frauds?

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 9/7/2022
Washington State affords great flexibility to parties that want to enter into a contractual arrangement. Indeed, in Washington State, parties to a contract do not have to create a written contract to have an enforceable agreement. Of course, oral contracts often create confusion and leave parties open to expensive litigation that they could have avoided… Read More

Buyer Considerations Pertaining to Earnest Money Deposits

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 8/24/2022
Buyers have many considerations when purchasing a home, including how to structure an offer, how to address financing, whether to have an inspection contingency, and more. Perhaps the first consideration that springs to mind, however, in the process towards purchasing a home is how much earnest money a buyer wants to put down in order… Read More

Mortgage Priorities After Loan Modification: Contract Language Matters!

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 8/1/2022
It is common for real estate to be encumbered by more than one mortgage or deed of trust.  Contexts vary greatly, from construction loans to borrowers just wanting to pull out equity using a home equity line of credit or traditional second mortgage.  In most situations, there is little question about which lender or lienholder… Read More

What Is Title Insurance, Anyway?  Part 2- How A Title Policy Protects You (And Doesn’t)

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 7/1/2022
In the first part of the blog post, I explained what goes into a title policy.  This part of the blog post discusses how a title policy does and does not protect you. Coverage Generally Title insurance policies protect their insured against actual losses resulting from “covered risks,” which generally include:  (1) Someone else owns… Read More

Reinstating an Administratively Dissolved Washington Entity

Washington State Business and Real Estate Law Lawyer Per E. Oscarsson | 6/27/2022
Corporations, limited liability companies, and certain types of partnerships, formed in the state of Washington, are required to file annual reports and pay an annual license renewal fee to the Washington Secretary of State (the “Secretary”).  Each year, the Secretary sends notice to the entity that its annual report and fees are due by a… Read More