News Author: Harman Bual
Concerned About Collecting Against a Shifty Debtor? Prejudgment Writs of Attachment in Light of Changes in the Law and RCW 6.25.030
Collecting against an insolvent debtor (i.e., defendant) creates issues and places pressure on the creditor (i.e., plaintiff) to secure the debtor’s assets while final judgment in a lawsuit is pending. Oftentimes there is a concern that the debtor is secreting/moving assets or not maintaining assets prior to or during the pendency of the lawsuit, to
The New Exception to Washington Landlord-Tenant Relationships and Leaseback Agreements
A Leaseback Agreement or a “rentback agreement” is an agreement between a buyer and seller of a property that permits the seller to continue living in the property for a period while paying rent to the buyer. Leaseback agreements are usually short-term arrangements that provide sellers with additional time to move out of the property
Remember the Remainderman: Rights and Responsibilities of a “Life Tenant” in Washington State
In the State of Washington, a life estate is a legal arrangement where a person, known as the “life tenant,” has the right to use and occupy a property for the duration of his or her life. The life tenant has all the same rights and responsibilities as a regular owner, but only for the
Commercial Tenant Evictions and What You Need to Know in Seattle
Mayor Bruce Harrell officially ended the City of Seattle Civil Emergency Proclamation on October 31, 2022, which affects the requirement for landlords to negotiate payment plans with commercial tenants that qualify as a small businesses or nonprofit organization. Despite the end of the eviction moratorium and the lifting of the COVID-19 Emergency Orders, commercial landlords
Is Your Homeowners Association Limiting Short-Term Rentals Within Your Planned Community – and if Not, Should They?
With the rise of planned communities in Seattle, it is becoming more and more common for properties to be organized and operated as a Homeowner Association (“HOA”). An HOA is typically form as a separate entity with the intention of making and enforcing the rules for the properties and residents within the planned community. The
New Security System? Some Key Privacy Issues to Know Before Setting up that Camera
With the rise of smart security systems that can be placed inside and outside of the home, there are some key privacy issues to be aware of before you set-up that doorbell with a built-in camera that records video and sound. Washington State’s privacy act is considered one of the most restrictive in the nation.
You Purchased Real Property Together, and Now You Want Out. Partition is an Option.
It is not uncommon for family members, friends, or business partners to jointly own commercial or residential real property. With property values skyrocketing and Covid-19 allowing so many of us to work remotely, we saw a steep rise in the numbers of partners (romantic and platonic) who made the choice to jointly purchase real property,
Buying a New Home? What To Know Before Making An Offer
Buying a home remains one of the largest financial commitments and personal goals in an individual’s life. However, in the current market buyers are moving quickly, making large cash offers above-asking value and waiving contingencies in a rush to snap up a new home. Unfortunately, a decision to waive the inspection contingency can cause a
Easements: Just for Now or Forever?
Easements are a right to enter and use land that may transfer with the ownership of the land. Easement issues usually arise when one property owner makes improvements on his or her property without first surveying the property to identify the boundary lines of the property. If the improvement goes over the property line into
The Accidental Partnership: What to Know if You Have Unwittingly Formed a Business
One day you are sitting with your friend brainstorming different ideas for your new startup business and before you know it you have a name, marketing and social media accounts, and a lease for your store front. In the excitement of putting together a business, you never formalize (in writing) the structure of the business,