Recent News

When buying or selling real estate or structuring corporate asset transactions in Washington, tax considerations are rarely far from mind. One of the most significant state level costs in any transfer is the Real Estate Excise Tax (“REET”). Under RCW 82.45.060, Washington uses a graduated rate structure for state REET. Rather than a flat percentage… Read More

I previously said in my purported “final article” here that I would likely not blog further about the legal dispute saga between Compass Real Estate and Zillow. I had previously blogged about that case here, here, here, here, and here. To be fair, this blog post is not about that lawsuit. It is, however, related in the fact that Compass Real Estate and… Read More

As discussed in my previous post, earnouts can bridge significant valuation gaps between buyers and sellers in middle-market M&A. However, because operational control shifts to the buyer after closing, these provisions frequently lead to bitter post-sale litigation if the financial targets are not met. The best time to prevent earnout litigation is not after the… Read More

In Washington State, condominium and homeowners’ associations have governing documents that consist of a multitude of documents, most importantly, the CC&Rs, Bylaws, and rules and regulations. Community associations often adopt rules and regulations to address the regularly occurring and ongoing issues that owners face as part of living in a community. Unlike CC&Rs, the association’s… Read More

When multiple people own real property together, disagreements about the property's use or sale can create serious challenges. Washington law provides a legal remedy known as a partition action, which allows co-owners to divide their interests or force a sale when they cannot agree on how to manage shared property. This guide explains how partition… Read More

Disputes involving easements are a common real property topic in Washington that frequently results in litigation.  An easement is a property right separate from ownership that allows the use of another person’s land without compensation. Creation and Requirements of Easements. Easements in Washington are interests in land.  Under the state’s statute of frauds, express easements… Read More

Boundary line disputes represent a highly common real property conflict in Washington. These disputes typically arise when the physical boundary line between adjoining parcels of land is uncertain, disputed, or inconsistent with public records, monuments, or landmarks. Washington law provides many statutory and common law frameworks for resolving these boundary disputes. Statutory Boundary Resolution Framework.… Read More

Most people alive today were born after the Civil Rights Movement of the 1950s and 1960s.  We may be inclined to take for granted that civil rights are so engrained in our society that racial discrimination is only a thing of the past.  Yet, cases still come up in Washington where racial discrimination is at… Read More

A lis pendens is a document that clouds title to real property and provides notice to potential purchasers and encumbrancers that title to the real property is the subject of pending litigation. Washington law only authorizes a party to record a lis pendens in “an action affecting title to real property.” RCW 4.28.320. What constitutes… Read More