News Category: Real Estate
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
HOAs and Special Assessments: What to Know
If you have considered living in or currently live in a community with a homeowners’ association (commonly referred to as an HOA) such as a condominium or complex of townhomes, you have likely heard of special assessments. Generally, special assessments are what an HOA charges over and above regular periodic assessments that cover the routine
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
Disclosures – Sellers Have a Legal Obligation to Reveal Known Defects When Selling a Home
The process of selling a home can be a time consuming and complex process. As part of that process, owners looking to sell have the responsibility to disclose known defects in the property. If you are considering a private sale or want to ensure you have completed your due diligence, disclosures are an important part
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
Community or Separate Property? Beware of THE Mortgage Rule
What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community property. However, beware; if your spouse signs off on the mortgage liability associated with your separate property
Breaking a Commercial Lease: Things to Consider Before Termination
The world is transforming in the post-covid era and business needs are evolving as consumer habits change. These changes can directly impact the space where you conduct business and have you contemplating what to do about one of your business’ largest expenses. Whether your company is growing and in need of a new space to
Valuing Real Estate in Divorce Cases
Washington State divorce laws provide that in every case the trial court must order a “just and equitable” distribution of the parties’ property and liabilities, whether community or separate. RCW 26.09.080. This includes real estate. Of course, before the court can decide how to divide and award property, it must first determine the value of
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
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,