The substantive issue addressed by the Court concerned the enforceability of a release contained within the standard NWMLS Form 51 Rescission. Per that release, anyone who signs this standard form, a necessary and prudent step before entering into another contract for the purchase and sale of specific property, releases their agent from all liability associated with the transaction. Thus, and as was the case in Craig’s case, even though the deal cratered because of the negligence of the listing agent, the client ostensibly released the agent from resulting liability by signing the rescission. That simply is not fair to the client.

And now the State of Washington agrees. So future clients, who are harmed by the negligence of their agents, should also be successful in challenging this release and still holding their agents liable for losses caused. Great work, Craig, on behalf of the client and on behalf of all consumers of real estate broker services!

For more information about the case, see Craig’s recent post on Rain City Guide.

The case involved a boundary dispute between adjoining neighbors.  The two properties were originally owned by a Mom and her Son.  Mom and Son were not concerned about the boundary between their properties.  As a result, Son built a large shed mostly on Mom’s property; Son also built a fence that encroached some 40 feet onto Mom’s property.  Mom wasn’t concerned about these structures because she trusted Son to do what was right and he had her permission to use her property as he deemed necessary.

Craig’s clients (Mr. and Mrs. Client) purchased their property from Mom.  Much to Clients’ surprise, Mr. Client had been childhood best friends with Son!  It was a truly remarkable coincidence.  It had been about 15 years since Mr. Client and Son had seen each other, and they were thrilled to be neighbors again.  Because of their relationship, Mr. Client and Son agreed to continue with the arrangment between Son and Mom.  As a result, Son and Client used the properties on both sides of the fence with the true owner’s permission.

Son then sold to a — hmm, how to put this — “difficult” man who proved to be an exceptionally bad neighbor (Mr. Bad Neighbor).  The relationship between Mr. Bad Neighbor and the Clients soon deteriorated.  Eventually, Mr. Bad Neighbor claimed ownership of the shed and all of Clients’ property up to the encroaching fence.  But unfortunately for Mr. Bad Neighbor, he owned the property for only 9 years and 11 months before the Clients filed suit (one must use another’s property for 10 years in Washington in order to take title via adverse possession).

The case involved some tricky hearsay issues (the agreement between Son and Mother, and between Son and Mr. Client) because Son was not to be found and was not a witness.  But Craig handled it with skill and aplomb (at least that’s how he told it!).  It was a bench trial (judge only, no jury) and the judge concluded that Craig’s clients were the true legal owners of the area in dispute.  Great work, Craig!!  Another victory for Blackmon Holmes.

Nominations are open to the public and winners are chosen by the Inman News editorial board. This year, for the first time, there is a “People’s Choice” Innovator Award as well so we need your vote so we can win twice!

Click here to register (choose the “limited access” option to register for free) then click here to vote.

Inman News prides itself as “the leading source of independent real estate news, information, advice, research, opinion and commentary for industry professionals and consumers alike” and they’ve been handing out the Innovator Awards annually since 1997. The awards go to forward-thinking individuals and businesses and past winners include Google Earth, Trulia, Redfin, New York Times Real Estate, Coldwell Banker Real Estate, RE/MAX International, E*Trade, E-Loan, Lending Tree.

It’s a big honor for us to be nominated and especially cool since it comes on the heels of an awesome article they about us last April. You have to be a dues-paying member to read the whole article so we’ll sum it up for you. The reporter looked all across the company to see if anybody else had a business model that combined the traditional strengths of a top notch real estate brokerage with the practical advice and counsel of a real estate law firm all for a low flat fee. Sure enough, we’re the first and only ones to do it and that, my friends, is the definition of innovation!

This nomination is right in line with our mission statement which makes it all the more satisfying. WaLaw Realty – Changing the way people buy and sell real estate!

As you can also see, we’ve updated the content of the web site significantly.  Have a look around for some helpful links and learn about our practice.  We’d love to hear from you!