Articles

General Considerations When Buying Real Estate in Washington

By Greg George

This article is the first in a series of considerations when buying or selling real estate in Washington. Contract Interpretation Washington follows the “objective” theory of contract interpretation. Courts look to the language of the contract to determine the parties’ intent. Washington courts may consider evidence outside the contract to determine the meaning of the contract language, but will not use outside evidence to infer a meaning independent of the contract language. In order to avoid…

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Attorney-Client Relationship

By Greg George

Introduction The purpose of this brief article is to clarify when an attorney-client relationship exists, and what duties an attorney has to a client. This article will conclude with a discussion of when confidential communications with an attorney are privileged—and when communications may not be. This article will cite the Idaho rules of professional conduct, evidence, and civil procedure, understanding that these rules are similar to other states. Although providing information, this article does not constitute legal advice. If you have…

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Legal Opinion vs. Legal Advice

By Greg George

Language used to describe legal services may be imprecise. Even attorneys sometimes use the phrases “legal opinion” and “legal advice” interchangeably, but they actually have different meanings. Black’s Law Dictionary defines a “legal opinion” as “[a] written document in which an attorney provides his or her understanding of the law as applied to assumed facts.”[1] This definition notes that attorneys often give legal opinions on matters such as title to real property and corporate transactions, among others.…

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General Considerations When Buying Real Estate in Idaho

By Art Macomber

This article is the first in a series reviewing considerations to be made before investing in a residential or commercial parcel in Idaho.  Black letter law. Idaho is a common law state where contract language is interpreted strictly and expressly, barring misrepresentation or provable fraud. Law before equity is the rule. So,  assume nothing, check everything. “Buyer Beware” is alive and well in Idaho. Get it in writing. Require written documentation to substantiate oral representations prior to purchase. Oral contracts to convey interests in…

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