Recent News

Buying a House with Friends in Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 10/14/2021
Are you trying to buy your first home? Do you peruse prices on Redfin with incredulity – then weep softly? Are you unwilling to commute from a shack on the outskirts of North Bend? Like many in your shoes, you might consider buying a home with friends. Residential co-ownership among friends is becoming an increasingly-common… Read More

Does Your Property Have An Easement On It? How To Find Out

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 10/1/2021
I have often seen people make the mistake of assuming that one can easily determine the existence of an easement by simply searching the public records for a document called “easement.”  Owners, prospective owners, real estate brokers, and even attorneys are not immune from making that mistake.  This blog post will help you consider the… Read More

Selling Investment Real Estate In Washington State? Consider a 1031 Exchange Into a DST (Delaware Statutory Trust)

Washington State Business & Real Estate Lawyer William O. Kessler | 9/22/2021
Real estate attracts investors for many reasons, including tax advantages. Upon sale of investment real property, you are subject to capital gains tax. However, you may delay payment of that tax by quickly purchasing new real estate (a “replacement” property) after the sale of the original property. Section 1031 of the Internal Revenue Code sets… Read More

Making The Commitment To Review Your Preliminary Commitment

Washington State Real Estate Law Lawyer Babak Shamsi | 8/26/2021
When purchasing a property, a buyer has a multitude of different considerations to keep in mind, such as reviewing Form 17 disclosures, addressing financing contingencies, reviewing inspections, and considering earnest money deposits, escalation clauses, and more.  The list can feel endless.  One of the most important documents involved in the purchase of a home, the… Read More

Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/16/2021
Earlier this year, I wrote a blog post about assigning commercial leases generally.  Sometimes, contractual rights or obligations get transferred without an express assignment.  This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands.  An entity tenant under a commercial… Read More

Landlord’s Premises Liability To Third Parties

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 8/5/2021
A possessor of real property can be liable for dangerous conditions on land which cause injury to people who enter the land.  However, the legal standard of care owed by the possessor is tied to the status of the visitor.  The law classifies visitors as either trespassers, licensees, or invitees.  As to trespassers and licensees,… Read More

Guidance On Judicial Dissolution Of An LLC

Washington State Business and Real Estate Lawyer David C. Tingstad | 7/7/2021
In Washington, a court may order the dissolution of an LLC when “it is not reasonably practicable to carry on the limited liability company’s activities in conformity with the certificate of formation and the limited liability company agreement…” RCW 25.15.274.  While there is no guidance from Washington about the applicable standard, the Iowa Supreme Court… Read More

Should I Put My Primary Residence In An LLC?

Washington State Business and Real Estate Lawyer David C. Tingstad | 6/11/2021
Because I work so closely with real estate investors who use LLCs for their investment properties, I am frequently asked whether they should put their primary residence in an LLC. Most people are aware that an LLC can provide liability protection for assets and may provide tax benefits. There are substantial downsides, however, associated with… Read More