Recent News

Durable Powers Of Attorney – To Be Witnessed Or Notarized?

The Lawyers at Beresford Booth | 10/26/2020
In the past, documents granting a power of attorney were often signed by the Principal, the person granting the power, and acknowledged by the Principal in front of a notary public.  The Uniform Power of Attorney Act adopted by the state of Washington in 2016, RCW 11.125 (the “Act”), provides more flexibility.  It allows for… Read More

Home Buying While Divorcing – Can My Lender Demand My Ex’s Signature?

The Lawyers at Beresford Booth | 10/21/2020
Maybe. Imagine… You are just finishing up a divorce. Every property item is split, all the documents are signed, and you are just waiting for the court to bless your disunion. Your soon-to-be ex was entirely uncooperative has stopped all communication. Good riddance, you think. You find your next new home and purchase it by… 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

Creditors And LLCs – Charging Orders

Washington State Business and Real Estate Lawyer David C. Tingstad | 10/14/2020
Collecting a judgment is always a challenge, especially when the judgment debtor holds an interest in an LLC.  This article delves into the exclusive remedy available to creditors against judgment debtors with interests in a limited liability company: the charging order. Statute The charging order is a statutory remedy established by RCW 25.15.256 and available… Read More

Choose Your Entity: LLC v. LLP

Washington State Business and Real Estate Lawyer David C. Tingstad | 10/7/2020
This post compares the limited liability company (“LLC” – RCW 25.15) and limited liability partnership (“LLP” – RCW 25.05.500). LLC The LLC is perhaps the youngest and most popular entity of choice for entrepreneurs looking to start their business. An LLC combines tax and management flexibility with a liability shield for members. Nevertheless, there are… Read More

Round 2 Of Seattle Small Business Stabilization Fund

Washington State Business & Real Estate Lawyer Babak Shamsi | 10/5/2020
The City of Seattle, through its Office of Economic Development (OED), has announced a second round of grants for the Seattle Small Business Stabilization Fund, allocating an additional $5.2 million to assist small businesses impacted by COVID-19.  This more than doubles the amount that the City of Seattle invested into the first round of funding,… 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

Successor Liability Among Related Entities

Washington State Business and Real Estate Lawyer David C. Tingstad | 9/30/2020
This week’s post continues the discussion from last week about successor liability through the lens of Maple Valley Park Place, LLC v. Tax Resource Centers, Inc., No. 78832-9-I, 2020 WL 1853575 (Wn. App. Apr. 13, 2020). In Maple Valley, the dispute on appeal surrounded MVPP’s attempt to pierce the corporate veil and pin the sole… 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