Recent News

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

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

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

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

A bar association, such as the Washington State Bar Association (“WSBA”), or the American Bar Association (“ABA”) is a professional body of lawyers. But where did the term “Bar” come from?  Here are a couple of theories on the subject. Most authorities contend it refers to a traditional courtroom which includes a railing or bar… Read More

Over the last half-century or more, the public has grown accustomed to laws protecting consumers. We hear of large damage awards for perceived minor breaches of duties owed to a consumer. In such an environment, buyers of real estate may be lulled into a false sense of security, assuming incorrectly that they may rely mostly… Read More

On June 2, 2020, Washington State Governor Jay Inslee issued Proclamation 20-19.2, which extends the statewide moratorium on evictions until August 1, 2020.  My colleague Todd Cook previously posted about the original moratorium and April modification to it here:  https://beresfordlaw.com/governor-inslee-expands-scope-of-eviction-moratorium-and-extends-moratorium-until-june-4-2020/.  This latest extension continues most of the same prohibitions as existed previously.  The moratorium prohibits… Read More

In nearly all circumstances, an easement entitles its holder to make only limited use of another’s land.  The default rule in Washington as in most jurisdictions is that even when an owner’s land (legally known as the “servient tenement” or commonly referred to as the “burdened property”) is encumbered by an easement in favor of… Read More

Seattle has long had a reputation for tenant-friendly regulations.  In the wake of COVID-19, starting in March 2020, Seattle took several actions culminating in a lengthy moratorium on certain evictions.   On May 6, 2020, Mayor Durkan signed into law a bill unanimously passed by the Seattle City Council (full text here: https://seattle.legistar.com/LegislationDetail.aspx?ID=4427723&GUID=0651D7FC-E708-40E6-8AFA-090008E8C4A4&FullText=1), known as Ordinance 126075, which… Read More