News & Insights from Harman Bual

When an estate owns rental property, the Personal Representative must strike a careful balance between the statutory obligations landlords owe to tenants and the fiduciary duties owed to the estate’s beneficiaries. While Washington law requires landlords to maintain habitable, safe, and functional living conditions, a Personal Representative must also ensure that the estate’s assets are […]

Conditions precedent are critical provisions in commercial contracts that require specific events or actions to occur before contractual obligations become enforceable. These conditions serve as legal triggers, ensuring that duties arise only after certain criteria have been fulfilled. The primary purpose of such clauses is to reduce uncertainty, clearly define prerequisites to performance, and manage […]

In today’s complex litigation landscape, many individuals and businesses are turning to alternative methods to resolve disputes as a way to avoid the time, expense, and unpredictability of traditional lawsuit. Pre-litigation mediation has emerged as one method to resolve disputes before initiating a lawsuit. Engaging in pre-litigation mediation involves working with a neutral third-party mediator […]

One of the greatest hurdles faced by landlords and property owners is regaining possession of real property in a timely manner.  Unlawful Detainer (also referred to as an eviction) and Ejectment are actions are used by landlords and property owners to recover the possession of real property. Choosing the type of action depends on the […]

Judgment creditors often encounter challenges when trying to collect a debt when a debtor’s assets are held in a limited liability company (LLC), as opposed to assets held directly in the debtor’s name. However, creditors have legal remedies available to address this situation. One useful remedy is a charging order, a legal tool codified under […]

Landlords that lease commercial property in Seattle need to be aware of major changes to the Municipal Code.  Seattle recently enacted Ordinance 126982, which introduces significant regulations for commercial property lessors within the City. Here’s what you need to know: The ordinance went into effect on January 29, 2024, and has been codified into Seattle […]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]