Recent News

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

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

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

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