Category Archives: Real Estate

Is Your Tenant a Criminal?

By Gene Grant on January 24th, 2013 Posted in Real Estate

As originally published in the Daily Journal of Commerce Landlords, whether residential or commercial, almost always include in their leases three requirements dealing with legal compliance. First, the lease limits the premises to specific legal use(s) or expressly allows any legal use of the premises. Second, the lease requires the tenant to comply with all… Continue Reading

Major Appeals Court Decision Leaves Oregon’s Residential Real Estate Market in Limbo

By Thomas Hillier on August 24th, 2012 Posted in Real Estate

In a ruling the Oregon Supreme Court will soon review, the Oregon Court of Appeals on July 18 issued a major decision. The case, Niday v. Mortgage Electronic Registration Systems Inc., et al, held that MERS, when acting as a nominee for a named lender, is not a beneficiary under Oregon law. The practical effect… Continue Reading

How to Prevent an Email Exchange from Inadvertently Becoming a Binding Contract

By Gene Grant on June 8th, 2012 Posted in Real Estate

As published in the Daily Journal of Commerce Email communications are often as casual as oral conversation, and often do not reflect the level of thought and care that goes into the preparation of a legally binding real estate agreement. But they should. Most business executives know that the law generally requires a written and… Continue Reading

Biggest Restaurant Leasing Mistakes: How to Avoid Them

By John Benazzi on April 10th, 2012 Posted in Real Estate

The restaurant leasing panel at Food Times at Restaurant High (a national restaurant industry legal and business conference hosted by Davis Wright Tremaine in Seattle, WA) covered ten of the biggest issues facing operators in negotiating restaurant leases. Attorneys John Benazzi (DWT), Steve Rich, Glenn Inanaga (Panda Restaurant Group), CPA Justine Hunter (Moss Adams) and… Continue Reading

Washington Supreme Court Clarifies The Status of Dedicated Lands, Adverse Possession Law

By Clayton Graham on March 5th, 2012 Posted in Real Estate

A recent opinion by the Washington Supreme Court has provided some guidance on what legal interest in land is transferred to the public upon dedication of land to a city, as well as the application of adverse possession law to these lands. In Kiely v. Graves, one landowner sought to establish title to part of… Continue Reading

Strong Vital Signs for Health Care Real Estate

By John Hanley on January 23rd, 2012 Posted in Real Estate

As published in the Seattle Daily Journal of Commerce Three years after the start of the Great Recession, the U.S. real estate markets remain sluggish at best. Businesses have not resumed hiring, resulting in stubbornly high unemployment and dismal rates of absorption of vacant office space. (The Seattle CBD is faring much better than most,… Continue Reading

Important Considerations in Negotiating Radius Restrictions

By Karen Thiessen on December 21st, 2011 Posted in Real Estate

As originally published in Daily Journal of Commerce Folks in the hotel or restaurant industry are probably very familiar by now with “radius restrictions.” These requests are increasingly being included in contracts by landlords in commercial leases, owners in management agreements (such as for hotels, restaurants, theaters or other venues operated on behalf of the… Continue Reading

What’s Green and Red All Over? An Angry Group of Green Professionals Suing the USGBC!

By Monique Hawthorne on October 18th, 2011 Posted in Real Estate

Back in October of 2010, Henry Gifford filed a class action lawsuit against the US Green Building Counsel (USGBC), which is the non-profit responsible for administering LEED certification for buildings and homes. Mr. Gifford alleged several issues including that the USGBC fraudulently represented the performance of LEED buildings, that it participated in false advertising, and… Continue Reading

4 Things Investors Must Do When Buying During This Recession

By Monique Hawthorne and Thomas Smith on October 13th, 2011 Posted in Real Estate

Unless you have been living under a rock, you know that we are still in a recession. Unemployment is still up, debt is out of hand, and commercial real estate values have not bottomed out. It is a difficult market because while values continue to decline, the availability and cost of financing is more challenging… Continue Reading

More Landlords Allowing Pets to Set Themselves Apart

By Jim Reinhart on August 25th, 2011 Posted in Real Estate

As published in the Daily Journal of Commerce How should a potential tenant decide which building to select for office space? Rental rate, incentives, class of space, location and tenant improvements make the usual list of important factors. In this competitive market, landlords are paying more attention to how they can differentiate their office space… Continue Reading

Golden Star Comes to the Rose City

By Steve Ledoux on July 27th, 2011 Posted in Real Estate

As published in the Daily Journal of Commerce China’s spectacular economic rise since being opened by Deng Xiaoping has largely been the result of indigenous industrial growth, alone or with foreign joint venture partners. It has become the world’s top manufacturer and exporter of goods, and amassed an enormous trade balance, with the United States… Continue Reading

Recent Legislation Raises Stakes in Adverse Possession Litigation

By Clayton Graham on July 22nd, 2011 Posted in Real Estate

Authored by: Clayton Graham As in many states, it has long been the law in Washington that a party in open, notorious, “hostile” possession of another’s land for a certain period of time (generally 10 years) might become the owner of that land, so long as the party can establish facts that meet the common-law… Continue Reading

Real Property Letters of Intent: Use and Purpose

By John Benazzi on June 22nd, 2011 Posted in Real Estate

As published in the Daily Journal of Commerce In many commercial transactions involving the lease or sale of real property, the first document drafted by the parties to evidence the agreement terms is a letter of intent. Generally speaking, the letter of intent is simply an expression of the parties’ intent to proceed with formal… Continue Reading

Link Light Rail Tour

By Zachary Tomlinson on June 8th, 2011 Posted in Real Estate

For those of you looking for a family-friendly outing this Saturday, June 11, be sure to go to Sound Transit’s tour of the new Link Light Rail Capitol Hill station construction site. Here are the details, courtesy of the always interesting (if sometimes provocative) Seattle Transit Blog. A tunnel boring machine, live music and balloon… Continue Reading

Minimizing Tenant-in-Common Risks

By Thomas Hillier and Steve Ledoux on May 27th, 2011 Posted in Real Estate

As published in Portland Business Journal In the real estate boom years that ended in 2008, a cottage industry was born to sell tenant-in-common interests to real estate investors. However, with the collapse of the real estate markets, investors in TIC interests were exposed to certain risks previously ignored by such investors and their advisers…. Continue Reading

Proposed Oregon Real Estate Legislation

By Gene Grant on March 24th, 2011 Posted in Real Estate

As published in the Daily Journal of Commerce Hang onto your hat, because the legislative winds are blowing! Here is a brief summary and my personal opinions on some of the bills in the hopper that relate to real estate.

FASB Sounds Retreat on New Accounting Standards for Leases

By John Hanley on February 24th, 2011 Posted in Real Estate

Last year we reported in advisories directed to our health care (see advisory) and real estate (see advisory) readers that the Financial Accounting Standards Board (FASB) is considering new accounting rules for real estate and equipment leases, new rules that would dramatically change the way in which leases are reported in financial statements of public… Continue Reading

Portland Planning a Failure to Job Growth

By Gene Grant on January 26th, 2011 Posted in Real Estate

As published in the Daily Journal of Commerce The city of Portland is known for great restaurants, a beautiful environment, progressive land-use planning, bike friendliness, mass transit, etc. Lately, however, Portland is becoming known for negative job growth. In an ECONorthwest study commissioned jointly by the Portland Business Alliance, the Oregon Business Association, the Oregon… Continue Reading

All Stimulus is Local

By Steve Ledoux on December 7th, 2010 Posted in Real Estate

As posted in the Daily Journal of Commerce President Obama recently told the New York Times that one thing he has learned on the job is that there is no such thing as a “shovel ready” project. Hence, there is a long delay between stimulus budgeting and actual job creation. Developers and those who represent… Continue Reading

Seller financing – An Option That Requires Careful Review

By Gene Grant and Monique Hawthorne on September 2nd, 2010 Posted in Real Estate

In such times, seller financing can be used to obtain a premium purchase price. Not only are the underwriting process and financing fees and costs avoided, but the seller often will finance a much higher percentage of the purchase price than would a typical mortgage lender. If and when interest rates increase, sellers can benefit… Continue Reading

Washington Supreme Court Sharply Split on Equitable Exception in Encroachment Case: Robin Hood or Frankenstein?

By Davis Wright Tremaine on August 25th, 2010 Posted in Real Estate

The Huntingtons unwittingly built their home, well, and garage entirely on property owned by their neighbor, Noel Proctor. When he learned of the true boundary between the properties, Proctor sued to eject the Huntingtons. The trial court refused to require the Huntingtons to remove their home. Instead, it required Proctor to deed to the Huntingtons… Continue Reading

Washington Supreme Court Rejects Argument that Reduction in Lease Term Upon Assignment Violates Manufactured/Mobile Home Landlord-Tenant Act

By Davis Wright Tremaine on August 16th, 2010 Posted in Real Estate

In a 5-4 decision, the Washington Supreme Court held that a 25-year lease subject to the Manufactured/Mobile Home Landlord-Tenant Act (MHLTA), RCW 59.20, does not violate the MHLTA’s prohibition against restrictions on assignment, RCW 59.20.060(2)(d), .073(1), if the lease provides that the lease term is shortened to one or two years in the event of… Continue Reading

Washington Supreme Court Holds that State Statutes of Limitations Do Not Apply in Arbitration

By Davis Wright Tremaine on July 23rd, 2010 Posted in Real Estate

Authored by: Jonathan Lloyd, Stephen M. Rummage, Daniel M. Waggoner, and Maya Yamazaki Yesterday, in a 5-4 decision, the Washington Supreme Court ruled that Washington state statutes of limitations do not apply to claims brought in arbitration, absent specific contractual language to the contrary. In particular, the Court found those statutes, which specifically require that… Continue Reading

KOIN Center History: The Paul Principle

By Gene Grant on April 22nd, 2010 Posted in Real Estate

One of the largest commercial real estate transactions in Portland history was completed at the end of December 2009 when American Pacific International Capital purchased the office portion of KOIN Center. The KOIN Center is Portland’s ninth largest office building with 415,425 square feet and its largest mixed-use project in a single building. While terms… Continue Reading