Recent News

Disclosure Duties Of Real Estate Brokers

Washington State Real Estate Law Lawyer Andrew M. McKenzie | 1/20/2021
Most people with some experience in real estate transactions are aware of a seller’s duties generally to disclose to the buyer adverse material facts about the property being sold.  But what duties do brokers have in this regard?  Washington law imposes on brokers certain non-waivable duties owed “to all parties to whom the broker renders… Read More

Complex Real Estate Issues? We Help You And Your Agent Close The Deal

Washington State Business & Real Estate Lawyer William O. Kessler | 1/19/2021
When buying or selling residential or commercial real estate, the transaction can be mercifully simple- you work with your agent to sign the Purchase and Sale Agreement, work through lending and escrow, and sign a pile of paper to close. But it isn’t always simple: Is my fence on my neighbor’s lot? Do my neighbor’s… Read More

A Friendly Reminder: You And Your LLC Are Different

Washington State Business and Real Estate Lawyer David C. Tingstad | 1/13/2021
Individuals regularly hold their real estate in LLCs for many reasons, including asset protection, because an LLC is a “separate legal entity” RCW 25.15.071 (3) and members are not liable for debts of the LLC RCW 25.15.126 (1).  The distinction between an individual member and an LLC was front and center in a recent Washington… 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

Governor Inslee’s New Lockdown Proclamation For COVID-19

Washington State Business & Real Estate Lawyer Todd J. Cook | 11/17/2020
On November 15, 2020, Washington Governor Jay Inslee held a press conference to announce a roll-back of the state’s County-By-County phased reopening plan in response to what he described as a third wave of COVID-19 in Washington state.  This marks the eighth time Governor Inslee has amended his original March 23, 2020 “Stay Home-Stay Healthy”… Read More

Creditors And LLCs – Reverse Veil Piercing

Washington State Business and Real Estate Lawyer David C. Tingstad | 10/21/2020
In keeping with last week’s theme, this post discusses reverse veil piercing. Reverse veil piercing is the process by which an entity’s assets may be used to satisfy a judgment against a member/shareholder/partner in their individual capacity. Reverse veil piercing is the opposite of corporate veil piercing, where the assets of the member/shareholder/partner may be… 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

Lis Pendens – Practical Applications In Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 9/29/2020
The lis pendens is a document you can record to encumber the title of real property. Once a party records a lis pendens, the landowner cannot pass clear title to the property. This means a title insurance company cannot write a clear policy of title insurance with the lis pendens in place, and a regular… Read More

Resolving Adverse Possession Disputes In Washington State

Washington State Business & Real Estate Lawyer William O. Kessler | 8/31/2020
Adverse Possession is a legal doctrine which allows a possessor of land, who does not own record title to that land, to become its legal owner over a period of time. Here is a more detailed description of Adverse Possession: https://beresfordlaw.com/adverse-possession-in-washington-state/ Adverse Possession lawsuits can be time-consuming, risky, stressful, and costly for both neighbors. Oftentimes, the… Read More