Recent News

Do I Have To Use A Realtor/Real Estate Agent To Buy Or Sell?

Washington State Litigation Lawyer Andrew M. McKenzie | 3/18/2024
Real estate sales usually involve professional realtors who earn commissions when a sale closes.  But buyers and sellers have no obligation to use a realtor.  Generally speaking, parties to a real estate transaction have three options: (1) realtor representation; (2) self-representation; and (3) lawyer representation.  You should give consideration to all three options before deciding… Read More

Can I Get My Earnest Money Back?

Washington State Litigation Lawyer Andrew M. McKenzie | 3/11/2024
Most people have heard the phrase “earnest money,” which generally refers to money deposited (usually with an escrow holder) to show a good faith intention of a buyer to consummate a purchase of property (usually real estate).  Buyers often do not understand how earnest money operates and what determines its fate when a real estate… Read More

The Forgotten LLC Protection: Your Sale

Washington State Business & Real Estate Lawyer William O. Kessler | 3/8/2024
Clients sometimes tell me, “I would deed my property into a LLC, but I’m about to sell, so what’s the point?” The sale IS the point! If you own an investment property or vacation property, the most likely plaintiff you will face is your eventual buyer. The recent Washington Court of Appeals case Orvold vs.… Read More

Get Ready for Multiplexes and ADUs

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 2/20/2024
In 2023, Washington State passed laws regarding Accessory Dwelling Units (HB 1337) and multiplexes (HB 1110) to create a systematic and comprehensive change in the availability of housing. These house bills establish general requirements that municipalities must follow, and which present developers and contractors with unique opportunities to take advantage of a vast change in housing regulations… Read More

Do I Need to Send a Pre-Lien Notice?
New Supreme Court Case

Washington State Business & Real Estate Lawyer William O. Kessler | 1/22/2024
Contractors must follow a slew of statutory requirements to file and collect upon their various liens. One such requirement is the pre-lien notice. Certain subcontractors must send notice to property owners prior to the start of the project. Essentially, the pre-lien notice says, “Dear homeowners, I may not be contracted with you directly, but I… Read More

Review Your Title Coverage

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 12/20/2023
In the realm of real estate law, we often consider the policy of title insurance one of the most important documents that an individual will obtain when purchasing real property. I have previously discussed the importance of title policies here and here. At the risk of belaboring the point, I again write a new post… Read More

Webinar – What is Asset Protection?

BeresfordBooth | 12/4/2023
November 30th, 2023 Beresford Booth attorney C. Michael Kvistad discusses asset protection and how to safeguard your real estate from claims, lawsuits, and other losses. Read More

Washington Enacts the Uniform Partition of Heirs Property Act

Washington State Business and Real Estate Law Lawyer Per E. Oscarsson | 11/29/2023
A “partition” is a legal action that involves multiple owners as tenants in common of a parcel of real estate. It is governed by statute, RCW chapter 7.52. Generally, the purpose of a partition is to divide the property so that each owner owns a distinct portion rather than sharing ownership of the larger parcel.… Read More

A Contractor’s Scope of Work Must Qualify as an “Improvement Upon Real Property” to Trigger the Statute of Repose

Washington State Real Estate Lawyer Ryan G. Foltz | 11/15/2023
Washington’s statute of repose, RCW 4.16.310, provides contractors with broad defenses to stale or untimely claims. In fact, the construction statute of repose “terminates the right to file a claim after a specified time even if the injury has not yet occurred.” Wash. State Major League Baseball Stadium Pub. Facs. Dist. v. Huber, Hunt &… Read More