From the Ground Up
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Real Estate Commission Structure Found to Violate Antitrust Law
On October 31, 2023, a federal jury handed down the verdict: the National Association of Realtors and several national brokerages (collectively, NAR) “conspired to require home sellers to pay the broker representing the buyer of their homes in violat...
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Washington Speculative Builders: Tax Traps for the Unwary
What’s in a name? For real estate developers operating in Washington State as a “speculative builder” rather than a “prime contractor,” naming matters. Speculative builders are not required to pay retailing business and occupation (B&O) tax or colle...
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“Home Sweet Home”: The Impact of Urban Growth on Real Estate Property Disclosures in Oregon
With its lush landscapes and relative affordability, Oregon is rapidly becoming a sought-after place to live. During the pandemic, densely populated and expensive cities like San Francisco, Los Angeles, and Seattle are seeing an exodus of residents a...
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Right of Access to Public Roads: A Primer
A property owner’s right of access to an abutting public road is one of the more legally arcane sticks in the so-called “bundle of sticks” that constitute property rights. Known as a “common-law right of access,” the legal framework has developed via...
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Revisit a Lease Form with Lessons from the Pandemic in Mind
This was originally published in The Daily Journal of Commerce Oregon.
COVID-19 affected businesses of all kinds, but few more completely than commercial landlords. The early months of the pandemic saw landlords and tenants alike carefully scrutiniz...
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Oregon Governor Issues Executive Order Related to Foreclosure Moratorium
Dec 22, 2020
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On December 17, 2020, Governor Kate Brown issued an executive order related to Oregon’s foreclosure moratorium (HB 4204). Under Executive Order 20-67 (EO 20-67), Governor Brown determined that a state of emergency continues to exists in the State of...
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