[WSBARP] WSBARP Digest, Vol 73, Issue 22
Stephen Whitehouse
swhite8893 at aol.com
Thu Oct 29 13:21:44 PDT 2020
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 WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Thu, Oct 29, 2020 12:00 pm
Subject: WSBARP Digest, Vol 73, Issue 22
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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>
To: Jeff Davis <jeff at bellanddavispllc.com>, WSBA Real Property
Listserv <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>
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
Disrupt Eviction with ODR <http://epaper.rhawa.org/Olive/ODN/RHAWA/PrintArticle.aspx?doc=RHAW/2020/08/01&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/>
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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> 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>
> 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> or call 360.683.1129
>
> ***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>
To: "'wsbarp at lists.wsbarppt.com'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] WSBARP Digest, Vol 73, Issue 21
Message-ID:
<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>.
Please update your records.
Thank you!
Robbie Jackson
Legal Administrator
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of wsbarp-request at lists.wsbarppt.com
Sent: Wednesday, October 28, 2020 11:59 AM
To: wsbarp at lists.wsbarppt.com
Subject: WSBARP Digest, Vol 73, Issue 21
Send WSBARP mailing list submissions to
wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
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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>>
To: WSBA Real Property Listserv <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>>
Subject: [WSBARP] RPPT Summer Newsletter is now available
Message-ID:
<CACXQqycyb_ZYf1m9G6cR6C4zpf7MnUw=w13XxpSdg=THgFyxrA at mail.gmail.com<mailto:CACXQqycyb_ZYf1m9G6cR6C4zpf7MnUw=w13XxpSdg=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>
*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>>
To: "'WSBA Real Property Listserv'" <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>>
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> info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
<http://www.bellanddavispllc.com/<http://www.bellanddavispllc.com>> 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>
info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129
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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>
To: "wsbarp at lists.wsbarppt.com" <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>
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>
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>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Shared Dock Agreement
Message-ID:
<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>
w: 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>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Shared Dock Agreement
Message-ID: <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
Skype: thomas.westbrook
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, 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 <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>
*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
w: 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: 6
Date: Thu, 29 Oct 2020 17:20:43 +0000
From: Michael Brandt <mbrandt at brandtlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Partition Sale Mechanics
Message-ID:
<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>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Shared Dock Agreement
Message-ID:
<MWHPR17MB1982435ED2913DAC49BE2BB99C140 at MWHPR17MB1982.namprd17.prod.outlook.com>
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
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 <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>
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]
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:
? 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> <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>
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Message: 8
Date: Thu, 29 Oct 2020 18:28:58 +0000
From: Eric Lanza <eric at buzzardlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Partition Sale Mechanics
Message-ID:
<MWHPR10MB177503BF5EAEB1927A425B04B2140 at MWHPR10MB1775.namprd10.prod.outlook.com>
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]
From: wsbarp-bounces at lists.wsbarppt.com <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>
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/>
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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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