Robert R. Rowley PS

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Category: Real Estate

Covenants Not To Compete Now Limited In Washington State

Covenants Not To Compete Now Limited In Washington State

Effective January 1, 2020, a new law (ESHB 1450) voids noncompetition covenants against employees and independent contractors unless certain provisions are met. Presumes covenants exceeding 18 months are unreasonable and unenforceable. Prevents franchisors from restricting franchisees from hiring other franchisees’ employees or the franchisor’s employees. Prohibits employers from restricting certain employees from having other jobs […]

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Naming Your Small Business

For entrepreneurs and small business folk, one of the biggest and most important aspects of starting a business is coming up with that all-important name.Names are really important, but can involve some tricky legal stuff, so it’s critical that businesses get it right. Sure, a rose by any other name would still smell as sweet, […]

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Effective July 28, 2019, New Washington State Residential Landlord Tenant Laws (2019)

Effective July 28, 2019, New Washington State Residential Landlord Tenant Laws (2019)

Effective July 28, 2019, the Washington State Residential Landlord Tenant Act (Chapt 59.18 RCW), has been signficantly modified benefitting tenants. Please note the new changes. Brief Summary of Revisions: Extends the 3-day notice to pay and vacate for default in rent payment to 14 days notice for tenancies under the Residential Landlord-Tenant Act. Creates a […]

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Why Rent Control Doesn’t Work (Ep. 373 – April 2019) – Freakonomics 

As cities become ever-more expensive, politicians and housing advocates keep calling for rent control. Economists think that’s a terrible idea. They say it helps a small (albeit noisy) group of renters, but keeps overall rents artificially high by disincentivizing new construction. So what happens next? Source: Why Rent Control Doesn’t Work (Ep. 373) – Freakonomics […]

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Is Elite College Worth It? Maybe Not – WSJ

We’re told ad nauseam that college is the key to success. Is it any wonder that some parents broke the law to get their child into the best? Of course, the parents accused by the FBI of bribing coaches and test administrators are an extreme case, but even some law abiding parents can relate: Some donate millions […]

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OBDUSKEY v. McCARTHY & HOLTHUS LLP, Supreme Court 2019

Held: A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the FDCPA, except for the limited purpose of § 1692f(6). Pp. 6-14. (a) The FDCPA regulates “`debt collector[s].’” § 1692a(6). Relevant here, the definition of debt collector has two parts. The Act first sets out the primary definition […]

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Rent Control Not Allowed by Washington State Law. RCW 35.21.830: Controls on rent for residential structures—Prohibited—Exceptions.

RCW 35.21.830 Controls on rent for residential structures—Prohibited—Exceptions. The imposition of controls on rent is of statewide significance and is preempted by the state. No city or town of any class may enact, maintain, or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental […]

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Landlord Not Tort Liable To Non-Tenant For Duties Under Residential Landlord Tenant Act (Mar 2019)

Cove argues that because Gerlach was not Cove’s tenant, the trial court erred in instructing the jury that Cove owed a duty to Gerlach based on the RLTA. We agree. In a negligence case, the plaintiff must prove duty, breach, causation, and damages. Nivens v. 7-11 Hoagy’s Corner, 133 Wn.2d 192, 198, 943 P.2d 286 […]

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2019 New law updates Washington state tax requirements for out-of-state businesses | Washington Department of Revenue

OLYMPIA, WASH. – March 18, 2019 – Last week, Gov. Jay Inslee signed a bill that simplifies Washington tax responsibilities for out-of-state sellers without a physical presence in the state. Substitute Senate Bill 5581 immediately removes the requirement for out-of-state businesses without a physical presence to collect and remit Washington sales tax if they make 200 […]

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Seller Financing Strategies and 1031 Exchanges | First American Exchange Company

If the seller is also contemplating a tax deferred exchange under IRC § 1031, he will have to decide how to treat the seller carryback note. The note can either be kept outside of the exchange or, under the limited conditions described below; it can be included in the exchange. Source: Seller Financing Strategies and […]

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