News Category: Litigation
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
Breaches of Fiduciary Duties in Closely Held Companies
In Washington State, closely held companies are those in which the ownership is concentrated among a small number of shareholders. These companies may also be family-owned or held by a group of individuals who have a relationship with one another beyond just being co-owners. While these companies may have a different dynamic than public corporations,
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
STRATEGIES TO WIN YOUR DIVORCE MEDIATION
In Washington State, couples going through divorce are required to attend a mediation in an attempt to settle the case before trial, unless excused for reasons such as domestic violence. As a divorce attorney, I have prepared hundreds of clients for mediation. I have also served as a mediator in many family law cases. Below
Your AI Can Testify Against You: The AI Revolution Comes to the Court of Law
On February 2, 2023, Microsoft released a brand-new suite of features for its popular Microsoft Teams platform under the moniker “Microsoft Teams Premium.”[1] One of the standout features of this premium service is “Intelligent Recap,” a software feature powered by the headline-news-generating ChatGPT AI system. Using ChatGPT, Intelligent Recap will “automatically generate[]meeting notes, recommended tasks,
Residential Sellers and Purchasers Beware: One Year Limitation to File Suit Under a Residential Construction Contract Held Unenforceable
This past fall, in a split 5-4 decision, the Washington Supreme Court ruled that a one-year limit to file suit under a residential construction contract was unconscionable and, as a result, void and unenforceable. Tadych v. Noble Ridge Construction, 519 P.3d 199 (2022). The Court articulated that a one-year limitation period “unduly benefits the contractor
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.
Transportation Efficiency and Climate Change: Washington State Continues March Towards All-Electric Vehicles by 2030
Washington’s legislative bill ESHB 1793 was codified as RCW 64.90.51, effective June 9, 2022, and governs electronic vehicle charging stations in common interest communities. RCW 64.90.51 in part prohibits condominium unit owners’ associations (“COAs”) from placing unreasonable restrictions on the installation or use of an electric vehicle charging station at any newly-constructed condominium building in
When Animals Are More Than a Pet: Differences in Rights and Responsibilities for Service and Emotional Support Animals
What is the difference between a service animal and an emotional support animal? A service animal is a dog which has been trained to perform a specific task or to do work directly related to a person’s disability. Service animals perform a wide variety of vital services such as allergen alerts, seizure response, and hearing