[WSBARP] [ADV] Re: WSBARP Digest, Vol 73, Issue 22

mlstone at rockisland.com mlstone at rockisland.com
Sun Nov 1 12:48:05 PST 2020


San Juan County requires joint use docks so you can find lots of examples by searching the auditor’s site/recorded documents/dock or joint use dock agreement

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Whitehouse
Sent: Thursday, October 29, 2020 1:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: [ADV] Re: [WSBARP] WSBARP Digest, Vol 73, Issue 22

 

Tim, 

      Regarding your shared dock agreement, my best experience tells me to strongly advise the client not to do it. It has a strong potential to end up being a problem. Maybe not now, but at some time in the future. Also, when your client goes to sell, it will be an impediment to a percentage of potential buyers.

      A license could be an alternative. 

 

Steve

Stephen Whitehouse

Whitehouse & Nichols, LLP

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885
 <mailto:swhite8893 at aol.com> swhite8893 at aol.com

 

-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com <mailto:wsbarp-request at lists.wsbarppt.com> 
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Sent: Thu, Oct 29, 2020 12:00 pm
Subject: WSBARP Digest, Vol 73, Issue 22

Send WSBARP mailing list submissions to

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When replying, please edit your Subject line so it is more specific

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Today's Topics:

 

  1. Re: Serving Notice Under RCW 59.12.040 - Commercial Tenant

      (Roger Moss)

  2. Re: WSBARP Digest, Vol 73, Issue 21 (Lisa A. Malpass)

  3. Referral wanted for CPA breach of warranty claim (Anthony Gibbs)

  4. Shared Dock Agreement (Timothy Lehr)

  5. Re: Shared Dock Agreement (Tom Westbrook)

  6. Partition Sale Mechanics (Michael Brandt)

  7. Re: Shared Dock Agreement (Kathleen Hopkins)

  8. Re: Partition Sale Mechanics (Eric Lanza)

 

 

----------------------------------------------------------------------

 

Message: 1

Date: Wed, 28 Oct 2020 12:43:08 -0700

From: Roger Moss <ram at pacific-ci.com <mailto:ram at pacific-ci.com> >

To: Jeff Davis <jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> >, WSBA Real Property

    Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Serving Notice Under RCW 59.12.040 - Commercial

    Tenant

Message-ID: <09C9BD45-0E5A-4A9A-B92D-2B7E52C0B145 at pacific-ci.com <mailto:09C9BD45-0E5A-4A9A-B92D-2B7E52C0B145 at pacific-ci.com> >

Content-Type: text/plain; charset="utf-8"

 

Jeff, from a best practices point of you, I always recommend belt and suspenders. So do both.

 

More importantly, and speaking from the perspective a former director of real estate for Woolworth (revealing my age here), I can say that a savvy corporate tenant will pounce on anything around notice procedures to trip up a landlord and legal counsel. So don?t give them the opportunity.

 

Roger A. Moss, Esq.

Pacific Conflict Intervention

206.790.1971 Seattle

415.371.9724 San Francisco

www.pacific-ci.com <http://www.pacific-ci.com> 

Disrupt Eviction with ODR <http://epaper.rhawa.org/Olive/ODN/RHAWA/PrintArticle.aspx?doc=RHAW/2020/08/01 <http://epaper.rhawa.org/Olive/ODN/RHAWA/PrintArticle.aspx?doc=RHAW/2020/08/01&entity=ar00801&ts=20200804071316&uq=20191011080914&mode=text> &entity=ar00801&ts=20200804071316&uq=20191011080914&mode=text>

Engaging Conflict in Pandemic?s Shadow <https://blog.sfbar.org/2020/07/10/conflict-intervention-service-transforming-lives-transforming-affordable-housing-transforming-community-in-times-of-covid-19/>

 

Confidentiality Notice:

The information in this e-mail (including attachments, if any) is considered privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.

 

> On Oct 28, 2020, at 10:40 AM, Jeff Davis <jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> > wrote:

> 

> Listmates:

>  

> Client leased commercial property to large corporation headquartered in mid-west.  Client has no dealings with the local people running the local premises.  Rent and other ?obligations? come from the mid-west.  Lease states all notices are to be sent to mid-west address.  Tenant is in default for non-monetary matters that only the mid-west people can resolve.  In serving the 10-day notice to comply or vacate, is it really necessary to post the notice of default on the local premise as appears to be required under RCW 59.12.040?  

>  

> Jeff Davis

>  

> W. Jeff Davis, Esq.

> BELL & DAVIS PLLC

> P.O. Box 510

> Sequim WA 98382

> Phone No.:(360) 683.1129 

> Fax No.: (360) 683.1258 

> email: info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> >

> www.bellanddavispllc.com <http://www.bellanddavispllc.com>  <http://www.bellanddavispllc.com/>

>  

> The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>  <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> >  or call 360.683.1129

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> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 2

Date: Wed, 28 Oct 2020 19:49:41 +0000

From: "Lisa A. Malpass" <lam at winstoncashatt.com <mailto:lam at winstoncashatt.com> >

To: "'wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> '" <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] WSBARP Digest, Vol 73, Issue 21

Message-ID:

    <16B1B80BD801EF4FB56E9BFE652AB76D014FE855ED at EX4.wincash.local <mailto:16B1B80BD801EF4FB56E9BFE652AB76D014FE855ED at EX4.wincash.local> >

Content-Type: text/plain; charset="utf-8"

 

Effective October 1, 2020, Lisa's new email address is lisa at spurgetislaw.com <mailto:lisa at spurgetislaw.com> <mailto:lisa at spurgetislaw.com <mailto:lisa at spurgetislaw.com> >.

 

Please update your records.

 

Thank you!

Robbie Jackson

Legal Administrator

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of wsbarp-request at lists.wsbarppt.com <mailto:wsbarp-request at lists.wsbarppt.com> 

Sent: Wednesday, October 28, 2020 11:59 AM

To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 

Subject: WSBARP Digest, Vol 73, Issue 21

 

Send WSBARP mailing list submissions to

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When replying, please edit your Subject line so it is more specific

than "Re: Contents of WSBARP digest..."

 

 

Today's Topics:

 

1. RPPT Summer Newsletter is now available (Michael Safren)

2. Serving Notice Under RCW 59.12.040 - Commercial Tenant

(Jeff Davis)

 

 

----------------------------------------------------------------------

 

Message: 1

Date: Wed, 28 Oct 2020 09:01:54 -0700

From: Michael Safren <msafren at gmail.com <mailto:msafren at gmail.com> <mailto:msafren at gmail.com <mailto:msafren at gmail.com> >>

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> <mailto:wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >>, "WSBA

Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> <mailto:wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >>

Subject: [WSBARP] RPPT Summer Newsletter is now available

Message-ID:

<CACXQqycyb_ZYf1m9G6cR6C4zpf7MnUw=w13XxpSdg=THgFyxrA at mail.gmail.com <mailto:THgFyxrA at mail.gmail.com> <mailto:CACXQqycyb_ZYf1m9G6cR6C4zpf7MnUw=w13XxpSdg=THgFyxrA at mail.gmail.com <mailto:THgFyxrA at mail.gmail.com> >>

Content-Type: text/plain; charset="utf-8"

 

Hello Fellow RPPT members:

 

The WSBA Real Property, Probate & Trust Section is pleased to announce that

the Summer 2020 e-newsletter is now available *online*

<http://wsbarppt.com/Login.aspx?path=/private/DrawOneNewsletter.aspx%3FDocumentID%3D170<http://wsbarppt.com/Login.aspx?path=/private/DrawOneNewsletter.aspx%3FDocumentID%3D170>>

.

 

 

 

Headlines in this issue:

 

? Energy Efficiency Mandates and Impacts to Leases for Existing

Buildings

 

? Conducting Estate Planning and Probate and Handling Trust

Disputes During COVID-19

 

? Tortious Interference with an Expected Inheritance: Should

Washington *Resort to the Tort*?

 

? Practice Tip ? We May Have Less Time Than We Thought: Utilizing

the Federal Estate, Gift, and GSTT Exclusions

 

? Recent Developments ? Probate and Trust

 

? Legislative Updates ? Probate and Trust

 

 

The newsletter is available in both PDF and HTML formats.

 

 

Happy Reading!!

 

 

Warmest regards,

 

*Michael S. Safren, Esq.*

*Attorney at Law*

 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168

11900 NE 1st St., Bldg. G - Ste. 300 | Bellevue, WA 98005

P: (206) 859-5098 | E: msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> <mailto:msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> >

*www.jennylinglaw.com<http://www.jennylinglaw.com <http://www.jennylinglaw.com/> > <http://www.jennylinglaw.com <http://www.jennylinglaw.com/> <http://www.jennylinglaw.com <http://www.jennylinglaw.com/> >>* |

*facebook.com/jennylinglaw/<http://facebook.com/jennylinglaw>

<http://www.facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw>>*

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Message: 2

Date: Wed, 28 Oct 2020 10:40:34 -0700

From: "Jeff Davis" <jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> <mailto:jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> >>

To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> <mailto:wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >>

Subject: [WSBARP] Serving Notice Under RCW 59.12.040 - Commercial

Tenant

Message-ID: <000e01d6ad51$71b19cf0$5514d6d0$@bellanddavispllc.com <mailto:000e01d6ad51$71b19cf0$5514d6d0$@bellanddavispllc.com%3cmailto:000e01d6ad51$71b19cf0$5514d6d0$@bellanddavispllc.com> <mailto:000e01d6ad51$71b19cf0$5514d6d0$@bellanddavispllc.com>>

Content-Type: text/plain; charset="us-ascii"

 

Listmates:

 

 

 

Client leased commercial property to large corporation headquartered in

mid-west. Client has no dealings with the local people running the local

premises. Rent and other "obligations" come from the mid-west. Lease

states all notices are to be sent to mid-west address. Tenant is in default

for non-monetary matters that only the mid-west people can resolve. In

serving the 10-day notice to comply or vacate, is it really necessary to

post the notice of default on the local premise as appears to be required

under RCW 59.12.040?

 

 

 

Jeff Davis

 

 

 

W. Jeff Davis, Esq.

 

BELL & DAVIS PLLC

P.O. Box 510

Sequim WA 98382

Phone No.:(360) 683.1129

Fax No.: (360) 683.1258

email: <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> > info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> >

<http://www.bellanddavispllc.com/<http://www.bellanddavispllc.com <http://www.bellanddavispllc.com/> >> www.bellanddavispllc.com<http://www.bellanddavispllc.com <http://www.bellanddavispllc.com/> >

 

The information contained in this e-mail message may be privileged,

confidential, and protected from disclosure. If you are not the intended

recipient, any dissemination, distribution, or copying is strictly

prohibited. If you think that you have received this e-mail message in

error, please e-mail the sender at <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> >

info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> <mailto:info at bellanddavispllc.com <mailto:info at bellanddavispllc.com> > or call 360.683.1129

 

 

 

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***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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End of WSBARP Digest, Vol 73, Issue 21

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Message: 3

Date: Wed, 28 Oct 2020 20:07:00 +0000

From: Anthony Gibbs <anthony at sounderlaw.com <mailto:anthony at sounderlaw.com> >

To: "wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> " <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Referral wanted for CPA breach of warranty claim

Message-ID: <2E163918-EA41-4162-B43F-228166171F81 at sounderlaw.com <mailto:2E163918-EA41-4162-B43F-228166171F81 at sounderlaw.com> >

Content-Type: text/plain; charset="utf-8"

 

Am looking for a referral. Defendant is in Wisconsin (but manufacturer is Canadian), plaintiff is in Washington and the failed product was bought here. Probable diversity case.

 

Long story short: PC bought generator which failed repeatedly over the last 4 years, requiring many repairs under warranty. Manufacturer contracts with local repair people to fix, but client lives outside of Spokane and he can no longer find a repair person to fix under warranty. The generator was their only source of electricity and when it failed, spoiled food, etc; has happened many times over the years and other related damages.

 

I helped him with demand letters but need someone who can bring suit in federal court because of inadequate settlement offers.

 

Am happy to provide more details.

 

Thanks!

Anthony F. Gibbs, Esq.

Sounder Law PLLC

 

(206) 734-4374 [P]

(206) 212-7825 [F]

anthony at sounderlaw.com <mailto:anthony at sounderlaw.com> <mailto:anthony at sounderlaw.com <mailto:anthony at sounderlaw.com> >

sounderlaw.com

 

22014 7th Ave South, Suite 106

Des Moines, WA 98198

 

15600 Redmond Way, Suite 101

Redmond, WA 98052

 

**[IN-PERSON MEETINGS BY APPOINTMENT ONLY DUE TO COVID-19 AND AN ABUNDANCE OF CAUTION]**

 

If you received this email by accident or by some other mistake, please immediately delete it and forget anything you might have read in it, which are probably all just lies anyway. Thank you. I?d also appreciate you notifying me of the error.

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Message: 4

Date: Thu, 29 Oct 2020 17:00:00 +0000

From: Timothy Lehr <timothy at stileslaw.com <mailto:timothy at stileslaw.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Shared Dock Agreement

Message-ID:

    <DM5PR22MB0074798B82EEDC1F3B2FCDF4A1140 at DM5PR22MB0074.namprd22.prod.outlook.com <mailto:DM5PR22MB0074798B82EEDC1F3B2FCDF4A1140 at DM5PR22MB0074.namprd22.prod.outlook.com> >

    

Content-Type: text/plain; charset="us-ascii"

 

Colleagues,

 

I'm in early the early stages of drafting a shared dock agreement for neighbors living on a lake. Dock is on parcel A and parcel A is agreeing to give access to parcel B next door. They want it to go on in perpetuity. I've done plenty of easements for driveways, roadways, etc., but this obviously brings about much more to consider with moorage, guests, beach access, etc. Has anyone drafted one before and would be willing to share a template or any advice?

 

My legal assistant found a recorded agreement that is pretty extensive and informative, but any other ideas or examples would only help.

 

Thanks!

 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

 

p:  360.855.0131

e:  timothy at stileslaw.com <mailto:timothy at stileslaw.com> <mailto:timothy at stileslaw.com <mailto:timothy at stileslaw.com> >

w:  www.stileslaw.com<http://www.stileslaw.com <http://www.stileslaw.com/> >

 

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

 

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Message: 5

Date: Thu, 29 Oct 2020 10:09:27 -0700

From: Tom Westbrook <tjw at w3net.net <mailto:tjw at w3net.net> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Shared Dock Agreement

Message-ID: <6eee38cbf3821c2ea25726505ded55a1 at mail.gmail.com <mailto:6eee38cbf3821c2ea25726505ded55a1 at mail.gmail.com> >

Content-Type: text/plain; charset="utf-8"

 

Timothy,

 

 

 

I know nothing about shared dock agreements, but significant liability

issues come to mind that should be dealt with in the agreement and by

insurance.

 

 

 

Sincerely,

 

 

 

Tom

 

 

 

Thomas J. Westbrook

 

Attorney at Law

 

 

 

 

 

Rodgers Kee Card & Strophy, P.S.

 

324 West Bay Drive NW, Suite 201

 

Olympia, Washington  98502

 

 

 

Phone: 360-352-8311

 

Facsimile: 360-352-8501

 

Email: tjw at buddbaylaw.com <mailto:tjw at buddbaylaw.com> 

 

Skype: thomas.westbrook

 

www.buddbaylaw.com <http://www.buddbaylaw.com> 

 

 

 

The information contained in this email and attachment(s) are for the

exclusive use of the addressee(s) and may contain private, privileged

and/or confidential information.  If you are not the addressee, you are

strictly prohibited from reading, photocopying, distributing or otherwise

using this email or its contents in any way. If you have received this

communication in error, please notify us immediately by telephone at

360-352-8311 or by e-mail to reception at buddbaylaw.com <mailto:reception at buddbaylaw.com> , and destroy the

original message from your electronic files.

 

 

 

COVID-19 UPDATE:

 

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the

physical office.

 

s All the staff is working remotely.  We are routinely monitoring our voice

mail and email, which is the best way to communicate during this period.

 

s We are still taking new clients but consultations will be telephonic or

via video conferencing, and any in-person meetings will be by appointment

and only if necessary to execute documents.

 

s Please provide necessary documents to us by scan and email, where

possible, or by mail if not.

 

s We anticipate these changes will be effective for the foreseeable

future.  We are doing everything we can to maintain the level of service

and professionalism we?ve always provided, even in the face of this public

health crisis. Thank you in advance for your patience and understanding.

We look forward to the soonest possible return to full operations and

continued service to our clients.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*From:* wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> >

*On Behalf Of *Timothy Lehr

*Sent:* Thursday, October 29, 2020 10:00 AM

*To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

*Subject:* [WSBARP] Shared Dock Agreement

 

 

 

Colleagues,

 

 

 

I?m in early the early stages of drafting a shared dock agreement for

neighbors living on a lake. Dock is on parcel A and parcel A is agreeing to

give access to parcel B next door. They want it to go on in perpetuity.

I?ve done plenty of easements for driveways, roadways, etc., but this

obviously brings about much more to consider with moorage, guests, beach

access, etc. Has anyone drafted one before and would be willing to share a

template or any advice?

 

 

 

My legal assistant found a recorded agreement that is pretty extensive and

informative, but any other ideas or examples would only help.

 

 

 

Thanks!

 

 

 

*Timothy C. Lehr*

 

Attorney at Law

 

Stiles Law Inc., P.S.

 

 

 

p:  360.855.0131

 

e:  timothy at stileslaw.com <mailto:timothy at stileslaw.com> 

 

w:  www.stileslaw.com <http://www.stileslaw.com> 

 

 

 

*NOTICE*: The information contained in this email is proprietary and/or

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Message: 6

Date: Thu, 29 Oct 2020 17:20:43 +0000

From: Michael Brandt <mbrandt at brandtlawgroup.com <mailto:mbrandt at brandtlawgroup.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Partition Sale Mechanics

Message-ID:

    <MW3PR13MB398071CCCA7D4A9DA977C12CDD140 at MW3PR13MB3980.namprd13.prod.outlook.com <mailto:MW3PR13MB398071CCCA7D4A9DA977C12CDD140 at MW3PR13MB3980.namprd13.prod.outlook.com> >

    

Content-Type: text/plain; charset="us-ascii"

 

Listmates:

 

I am dealing with a partition action that appears to be heading to public auction pursuant to the statute.  Can someone experienced with these matters spare me a few moments to discuss the mechanics of such a sale?  Particularly of concern is a bidder showing up, bidding the price way up, and then not being able to pay what he/she bid.  How does the referee handle this issue?  Thanks.

 

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

206.441.5739

206.299.9115 (fax)

www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

 

[Description: BPLogoTag4Email]

 

 

The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

 

 

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Message: 7

Date: Thu, 29 Oct 2020 17:40:33 +0000

From: Kathleen Hopkins <khopkins at rp-lawgroup.com <mailto:khopkins at rp-lawgroup.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Shared Dock Agreement

Message-ID:

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Content-Type: text/plain; charset="utf-8"

 

Consider also if the dock is also over lands leased from DNR...

 

Kathleen J. Hopkins

Real Property Law Group, PLLC

1326 Fifth Avenue, Suite 654

Seattle, WA 98101

Phone & Fax: (206) 625-0404

Home (please use during COVID-19 lockdown): 425-844-2749

email: khopkins at rp-lawgroup.com <mailto:khopkins at rp-lawgroup.com> 

www.rp-lawgroup.com<http://www.rp-lawgroup.com/>

 

*Licensed in Washington State.

 

 

This message is protected by the attorney-client privilege and the work-product doctrine; if you are not the intended recipient of this message please let the sender know you received it in error and please delete this message.  Thank you.

 

Pursuant to U.S. Treasury Regulations concerning tax practice, you are advised that this message is not intended or written to be used, and it cannot be used, by anyone for the purpose of avoiding penalties that may be imposed under any tax laws; or promoting, marketing or recommending to another party any transaction or matter addressed herein.

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Tom Westbrook

Sent: Thursday, October 29, 2020 10:09 AM

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Shared Dock Agreement

 

Timothy,

 

I know nothing about shared dock agreements, but significant liability issues come to mind that should be dealt with in the agreement and by insurance.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

[cid:image002.jpg at 01D6ADDF.B4EC0FD0 <mailto:image002.jpg at 01D6ADDF.B4EC0FD0> ]

 

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com <mailto:tjw at buddbaylaw.com> <mailto:tjw at buddbaylaw.com <mailto:tjw at buddbaylaw.com> >

Skype: thomas.westbrook

www.buddbaylaw.com<http://www.buddbaylaw.com/>

 

The information contained in this email and attachment(s) are for the exclusive use of the addressee(s) and may contain private, privileged and/or confidential information.  If you are not the addressee, you are strictly prohibited from reading, photocopying, distributing or otherwise using this email or its contents in any way. If you have received this communication in error, please notify us immediately by telephone at 360-352-8311 or by e-mail to reception at buddbaylaw.com <mailto:reception at buddbaylaw.com> <mailto:reception at buddbaylaw.com <mailto:reception at buddbaylaw.com> >, and destroy the original message from your electronic files.

 

COVID-19 UPDATE:

? Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the physical office.

? All the staff is working remotely.  We are routinely monitoring our voice mail and email, which is the best way to communicate during this period.

? We are still taking new clients but consultations will be telephonic or via video conferencing, and any in-person meetings will be by appointment and only if necessary to execute documents.

? Please provide necessary documents to us by scan and email, where possible, or by mail if not.

? We anticipate these changes will be effective for the foreseeable future.  We are doing everything we can to maintain the level of service and professionalism we?ve always provided, even in the face of this public health crisis. Thank you in advance for your patience and understanding.  We look forward to the soonest possible return to full operations and continued service to our clients.

 

 

 

 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> <mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> >> On Behalf Of Timothy Lehr

Sent: Thursday, October 29, 2020 10:00 AM

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> <mailto:wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >>

Subject: [WSBARP] Shared Dock Agreement

 

Colleagues,

 

I?m in early the early stages of drafting a shared dock agreement for neighbors living on a lake. Dock is on parcel A and parcel A is agreeing to give access to parcel B next door. They want it to go on in perpetuity. I?ve done plenty of easements for driveways, roadways, etc., but this obviously brings about much more to consider with moorage, guests, beach access, etc. Has anyone drafted one before and would be willing to share a template or any advice?

 

My legal assistant found a recorded agreement that is pretty extensive and informative, but any other ideas or examples would only help.

 

Thanks!

 

Timothy C. Lehr

Attorney at Law

Stiles Law Inc., P.S.

 

p:  360.855.0131

e:  timothy at stileslaw.com <mailto:timothy at stileslaw.com> <mailto:timothy at stileslaw.com <mailto:timothy at stileslaw.com> >

w:  www.stileslaw.com<http://www.stileslaw.com <http://www.stileslaw.com/> >

 

NOTICE: The information contained in this email is proprietary and/or confidential and may be privileged. If you are not the intended recipient of this communication, you are hereby notified to : (i) delete the email and all copies; (ii) not disclose, distribute or use the email in any manner; (iii) notify the sender immediately. Thank you.

 

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Message: 8

Date: Thu, 29 Oct 2020 18:28:58 +0000

From: Eric Lanza <eric at buzzardlaw.com <mailto:eric at buzzardlaw.com> >

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: Re: [WSBARP] Partition Sale Mechanics

Message-ID:

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Content-Type: text/plain; charset="us-ascii"

 

 

I have conducted many trustee's sales (RCW 61.24). I've never done a partition sale, but perhaps this will be helpful.

 

I generally require any potential bidders to either:

 

  1.  contact me in advance and provide "certified" funds---i.e. wire the maximum amount they are willing to bid into our trust account prior to the auction, OR

  2.  they need to have a cashier's check in hand the day of the auction. Most people who show up to these things are experienced investors that know the drill---they typically have a cashier's check in the amount of the maximum amount they are willing to spend. If they successfully bid an amount below the amount of their check, I take the check, deposit it into trust, and remit a refund for the difference between the winning bid amount and the check amount.

 

However, I do tell everyone before the auction begins that I will provide the winning bidder with one hour to go to the bank and obtain a cashier's check if they did not have one in hand. If the winning bidder does not come back within the hour with a cashier's check, the next highest bid is accepted. I would instruct all bidders to stick around after the conclusion of the auction-just in case the winning bidder does not have a check in hand and does not return with a cashier's check within the one hour period. I have never had this scenario actually play out because, as I said, most bidders are experienced at this and know to show up to the auction with a cashier's check.

 

I let everyone know the ground rules before I open it up for bidding.

 

Eric J. Lanza, J.D.

 

[cid:image002.png at 01D6ADE1.92F5D6C0 <mailto:image002.png at 01D6ADE1.92F5D6C0> ]

 

 

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Michael Brandt

Sent: Thursday, October 29, 2020 10:21 AM

To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >

Subject: [WSBARP] Partition Sale Mechanics

 

Listmates:

 

I am dealing with a partition action that appears to be heading to public auction pursuant to the statute.  Can someone experienced with these matters spare me a few moments to discuss the mechanics of such a sale?  Particularly of concern is a bidder showing up, bidding the price way up, and then not being able to pay what he/she bid.  How does the referee handle this issue?  Thanks.

 

Michael D. Brandt

BRANDT LAW GROUP

1200 - 5th Avenue, Suite 1950

Seattle, Washington 98101

206.441.5739

206.299.9115 (fax)

www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

 

[Description: BPLogoTag4Email]

 

 

The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.

 

 

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End of WSBARP Digest, Vol 73, Issue 22

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