Header graphic for print
Real Property & Development Review

Category Archives: Real Estate

Subscribe to Real Estate RSS Feed

Food and the City: Making Density Palatable

Posted in Real Estate

Moderated by DWT partner Jim Greenfield, the third installment of DWT and Forterra’s Creating a Great Global Region series was an interesting and engaging evening focused on how social equity, community building and conversation of farmland intersect around food. The event consisted of a panel discussion of prominent members of the local agriculture and hospitality… Continue Reading

Is Your Tenant a Criminal?

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

Biggest Restaurant Leasing Mistakes: How to Avoid Them

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

Strong Vital Signs for Health Care Real Estate

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

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!

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

More Landlords Allowing Pets to Set Themselves Apart

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

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

Real Property Letters of Intent: Use and Purpose

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

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

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

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

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

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

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

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

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

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

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