Recent News

Earlier this year, the Washington State legislature passed Senate Bill 5191. SB 5191 imposes a dual duty upon real estate brokers, i.e. a duty to both buyers and sellers alike, thereby shattering the current landscape of real estate transactions. The legislature used SB 5191 to take aim at a recent Court of Appeals decision. Falcon… Read More

Most people when discussing adverse possession claims in Washington are unwittingly referring only to one kind- common law adverse possession.  Technically, there are two basic species of adverse possession in Washington- claims based upon statute, and claims based on the common law. Common Law Elements: To establish a common law claim of adverse possession, the… Read More

In Washington State, the county assessor values real property to reflect the property’s true and fair market value, in accordance with its highest and best use. The assessor bases the value on what a buyer in an arms-length transaction would pay for the property. The county assessor may use several different methods to appraise real… Read More

August 3rd, 2023 Beresford Booth attorney Per E. Oscarsson talks about the Washington Real Estate Excise Tax. Read More

Mortgages and deeds of trust often secure loans that provide for one or more advances by the lender. Depending upon the loan involved, the lender may be obligated to make the advance or the lender may have the discretion to make the advance. Typically, a mortgage or deed of trust has priority over most other… Read More

The state of Washington recently enacted the covenant homeownership account and program act.  The purpose of the act is to address the state’s “history of housing discrimination due to racially restrictive real estate covenants” of various types. Under the act, one or more special purpose credit programs will be created to provide down payment and… Read More

While you may immediately think of movie theaters with several separate screens, this article is (perhaps disappointingly) referring to the construction of duplexes and fourplexes across Washington State. The Washington State Department of Commerce recently estimated that Washington State would need an additional one million homes constructed over the next twenty years. To try and tackle… Read More

Transfers of real estate in Washington are subject to state and local real estate excise tax on the consideration given for the transfer of that real estate, unless an exemption from the tax applies. Prior to 2020, the state portion of the tax was 1.28% of the value of the consideration given for the transfer.… Read More

In Washington State, several doctrines have emerged to protect the rights of real property owners who have long used areas of land that do not actually sit within the record boundaries of their own property. Classic examples include buildings that developers have built in a fashion that encroaches upon neighboring land, or owners placing a… Read More