Recent News

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

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

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

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

When purchasing a home, buyers have a daunting amount of matters to focus on...how much earnest money to put down, how to structure an offer, how to address financing, how to address inspection contingency results, and more.  One matter which often gets lost in the shuffle, however, is title insurance,  A purchaser who enters into an agreement… Read More

Real estate brokers in Washington frequently confront situations where they must carefully navigate to avoid acting as lawyers.  In Washington, it is a misdemeanor to engage in the “unauthorized practice of law.”  Court rules define the practice of law as “the application of legal principles and judgment with regard to the circumstances or objectives of… Read More

Increasingly, many property owners find themselves living in condominiums governed by associations.  A condominium association typically has several governing documents that enumerate rights and responsibilities of the owners and the Board of Directors, such as a declaration, bylaws, and rules and regulations.  One of the major aspects of community living consists of enforcement of the… Read More

Most property owners have a mortgage.  In the course of property ownership, the owner may end up paying off this mortgage (“deed of trust”), whether by sale of the property to a third party, refinance of the loan, or outright payment with personal finances.  Once the loan is paid in full, this should effectively end… 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