Recent News

Before You Sue For Defamation

Washington State Litigation Lawyer Andrew M. McKenzie | 2/3/2021
More than ever before in human history, negative messages are capable of viral dissemination.  Online platforms and various forms of social media spread information, good and bad, with various levels of accuracy, faster than ever before.  For both businesses and individuals, negative information can deal a devastating blow to reputation.  People and businesses who feel… Read More

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 12/2/2020
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 12/2/2020
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

Washington’s Unfair Business Practices Act – Expanded Application

Washington State Business & Real Estate Lawyer William O. Kessler | 10/27/2020
In the Washington Supreme Court’s recent opinion in Young v. Toyota Motor Sales, U.S.A., many plaintiffs’ attorneys added a bigger hammer to their tool belt. The case effectively broadens the applicability of Washington’s Unfair Business Practices Act (or Consumer Protection Act, “CPA”), RCW 19.86. Many civil litigants and their counsel should be aware of the… Read More

Seller Disclosures: Critical Implications For Earnest Money Disputes

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 10/1/2020
Real estate purchase and sale agreements range from the simple to the highly complex.  In most circumstances, the buyer deposits some amount of earnest money to show their good faith and commitment to performing under the contract.  Depending upon the language of the purchase contract, a typical consequence of the buyer defaulting is forfeiture of… Read More

Duty To Mitigate Damages In Washington State

Washington State Litigation Lawyer Andrew M. McKenzie | 9/2/2020
Most of us at some point will be the party to a contract which the other party breaches, or will be the victim of someone else’s negligence or wrongful conduct.  Such breaches of duties owed to you may make the other party liable to you.  But this does not mean you can just sit back… Read More

Self-Help Removal Of Encroachments

Washington State Litigation Lawyer Andrew M. McKenzie | 8/5/2020
In a recent news story (see this video from Inside Edition: https://www.youtube.com/watch?v=FAxpCbUSmrk), a Maine man decided to cut his neighbor’s garage in half after learning from a survey that the garage encroached on the man’s property.  It is a common misconception that just because records show land belongs to someone, that person has the unfettered right… Read More

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