[WSBARP] "Linkage" Agreement

[Annie Fitzsimmons]

Chris.  You should review SSB  5399-S.PL.pdf (wa.gov) https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Senate%20Passed%20Legislature/5399-S.PL.pdf?q=20230418200447

It may impact the contract provision you create for your client.  It passed both houses of the Legislature and is awaiting the Governor's signature.  It has an emergency clause and will take immediate effect.  

Thanks - Annie

Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528

>     On 04/18/2023 7:26 PM Paul Drayna <paul at draynalaw.com> wrote:
> 
> 
>     Hi Chris, I've always wondered if this practice could be challenged as a "tying" violation of antitrust law.
> 
>     Tying the Sale of Two Products | Federal Trade Commission (ftc.gov) https://www.ftc.gov/advice-guidance/competition-guidance/guide-antitrust-laws/single-firm-conduct/tying-sale-two-products
> 
> 
>     Paul S. Drayna
>     Attorney at Law
>     phone:  425-844-2575 tel:425-844-2575
>     site:  http://www.draynalaw.com/
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> 
> 
>     On Tue, Apr 18, 2023 at 1:54 PM Chris B <chrisb at firstavenuelaw.com mailto:chrisb at firstavenuelaw.com > wrote:
> 
>         > > 
> >         One of my property management clients wants a clause in its management agreement whereby the client agrees to also list the property with them if they choose to sell during the term of the contract.  I would never agree to such a clause myself, but aside from that, any thoughts on whether this would be permissible?
> > 
> > 
> >         The same client also has an agreement where he loans money to its clients if they can’t afford to pay for needed repairs. This seems sketchy to me too, but I am curious what everyone else thinks.
> > 
> >          
> > 
> >         Chris Benis
> > 
> >         First Avenue Law Group, PLLC
> > 
> >         321 First Avenue West, Seattle, WA  98119
> > 
> >         206.447-1900 office – 206.447.9075 fax – www.http://firstavenuelaw.com  
> > 
> >          
> > 
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