Law Office of Janet A Irons

Law Office of Janet A Irons Legal Services Legal services covering a broad range of topics are available for both businesses and individuals. With more than 30 years in practice, Ms.

Irons has experience in many areas, including but not limited to matters related to all aspects of business law, real estate, estate planning, probate, and dispute resolution. In addition, an up-to-date list of referrals and recommendations is available for those areas for which this office does not provide services.

12/10/2017

Facebook won't let me edit the page! My office is no longer open. If you have my private number, please feel to contact me. All others, I thank you for past opportunities to represent you - it was one of the great honors of my life. Wishing one and all peace and joy in the coming year... and always.

05/07/2014

Legal nugget of the day: There are several different kinds of deeds that transfer title to real property and they carry different kinds of warranties (or guarantees). If you have ever bought a home with the mortgage, odds are you received a statutory warrant deed when you bought the house as most lenders require that kind of deed. A statutory warranty deed promises that the seller (also called the grantor) owns the property and has the right to sell it; no one has a better right to the title of the property than the seller; no one else possesses the property; no one will interfere with the buyer's rights; and the seller will defend the buyer's title to the property. In contrast, a quit claim deed conveys title to real property, but does not include any guarantees at all - not even that the grantor has a right to transfer the property. All a quit claim deed does is transfer whatever rights the grantor has in the property to the recipient. This type of deed is common with gifts or transfers from estates. A less common type of deed is a bargain and sale deed (called a special warranty deed in some jurisdictions). A bargain and sale deed includes a promise that the grantor owns the property, there were no new encumbrances attached to the the property during the period the grantor held title, and the grantor will not interfere with the recipient's rights to the property. This is commonly used when a bank has acquired the property during a foreclosure, or when the seller doesn't want to make the broad promises included in a statutory warranty deed. It is very difficult to obtain a loan on a property transfer involving a bargain and sale deed.

05/02/2014

Legal nugget of the day: If your home is subject to the Covenants and Restrictions of a home owners association (commonly called an "HOA"), it is important that you stay abreast of what the Board of the HOA is doing. That isn't always easy, as communication is sometimes lacking, but knowing what is happening is vital to protecting your property values. HOA's can pass rules regarding everything from painting restrictions to tree cutting and without consistently involved and vocal members, ugly things can and do happen. If you find yourself prejudiced by the actions of a HOA Board, seek legal advice as there is recourse - and sooner is better than later. Most Boards are voluntary positions with members that may feel "late comers" are not entitled to the same voice as those that have been involved for some time. But that isn't true - property ownership is the sole criteria for being heard. I've obtained temporary restraining orders against HOA boards, and even helped remove some members of a recalcitrant Board - but that is a last resort. Get involved early and stay tuned to what is happening...and insist that your concerns and property values be respected. Then, if that isn't happening, seek legal advice.

04/30/2014

Legal nugget of the day: Title insurance is required in most real estate transactions as it guarantees the seller owns the title to the property in the legal description, and can transfer it free and clear of any encumbrances to another - but typical title insurance does not guarantee that the legal boundaries of the property are the same as those borders being used by the seller. This is a very important distinction. A few years ago I was involved in the negotiations for the purchase and sale of a golf course in east King County. The preliminary title report seemed to be in order, but when the legal description was compared to the area being used by the course there was a big difference - in fact the entire tee box of one hole was on property owned by the neighboring farmer. Only walking the property and comparing it to the legal description, or better yet getting a survey, will ensure that the legal description is the same as the apparent borders. Title insurance is one important part of any real estate transaction, but don't confuse it with a guarantee that you are acquiring title to everything the prior owner was using.

04/29/2014

Legal nugget of the day: Whenever real estate is being sold, the title company checks to see if there are any encumbrances against the property - and it is common to find liens that were never properly removed. The easiest way to avoid this problem is to keep a file related to each parcel of real property that you own, including a couple of items you might not of thought of: The file should include all the notices regarding mortgage transfers and payoffs and local improvement districts (commonly called LID's), including all the receipts you receive. I also recommend that you periodically print out the on-line payment history on your mortgage and include that too. The file should also include copies of all receipts for payments to contractors that did improvements on your property, as contractors frequently file liens when work is still in progress to ensure final payment - and occasionally they fail to remove them. If you don't have these records and a stale or improperly large lien is found, you'll be faced with chasing down entities that may no longer exist, or banks that are stunningly non-responsive. I've seen this result in delayed sales and even flipped sales on more than one occasion. It is easy to create a "drop file" and when documents effecting your property are received, just drop the info in. It could end up saving you both time and money when you are trying to sell your property.

04/25/2014

Legal nugget of the day: Many of the rights enjoyed by Americans were set in out in just a few words in the Bill of Rights. The most stunning example is the First Amendment to the US Constitution. It has to be one of the most important compound sentences in the history of the world: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." The meanings of the words can be debated ad nauseam, but the spirit of freedom and desire for governmental restraint is inescapable.

04/24/2014

Legal nugget of the day: There is a lot debate about the meaning of the Bill of Rights (also known as the first ten Amendments to the Constitution) - but I suspect few people have read the actual language of the Amendments since getting out of school. A refresher might focus comments a little. Here's the full and complete text of the Second Amendment: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Some people focus on the "well regulated" and others on the "shall not be infringed"....and others ignore the language altogether. Next time somebody mentions it, you can speak with authority about what it actually says.

04/23/2014

Legal nugget of the day: A new Washington appellate opinion holds that candidates can be sued for defaming private citizens during a campaign - which is interesting because some time ago the Washington State Supreme Court ruled that a political candidate cannot sue his or her opponent for lying about other candidates during a campaign. The opinion ruling that candidates can lie about each other with impunity says that the solution is more debate so the public can decide for themselves, not lawsuits between candidates. I'm not a big fan of that opinion as I believe it degrades the entire election process, but I am pleased with the opinion that at least candidates can't lie about private citizens. I am representing the private citizen in that case and although the case isn't over, this interim opinion is a huge victory for any private citizen that wants to get involved in an election and doesn't want to be publically attacked by a candidate he or she might be opposing.

04/21/2014

Legal nugget of the day: It is common for an employee working in the State of Washington get injured on the job but still not apply for Workers Compensation because he or she feels they were partially to blame - but that is not how the law is intended to work. In Washington employees have strict liability for work injures, meaning any injury that is work related is covered by Workers Compensation (unless you intentionally hurt yourself, of course). This is the result of a trade-off made years ago: in exchange for Workers Compensation for all work related injuries (even those partially caused by the employee's carelessness), the employee is not allowed to sue the employer for damages beyond the Workers Compensation award. There are exceptions of course, such as when an employer has notice that an activity is unreasonably dangerous and fails to correct it (suit is allowed then) or when an employee gets drunk on the job and is then injured (no Workers Compensation allowed). But barring something outside the realm of an intentional act, any injury related to a job in the State of Washington entitles the employee to Workers Compensation and filing for an award is appropriate.

04/18/2014

Legal nugget of the day: A recent Supreme Court decision upheld the right of an airlines (Northwest, in this instance) to cancel a person's frequent flyer membership (and thus eliminate all the perks already earned), even though the cancellation was not done in good faith. I'm amazed - and expect you will be too when you learn the details: The frequent flyer, Ginsberg, had earned platinum level benefits and complained a number of times about service (delayed bags, etc.). Northwest didn't contest his complaints, in fact they repeatedly credited his account, gave refunds, etc. But then Northwest unexpectedly informed him his frequent flyer account and earned benefits were cancelled effective immediately. Ginsberg sued, claiming Northwest had breached a covenant of good faith, i.e. that both parties had to operate in good faith toward the other. That policy arises under state law and varies a little state to state - so Northwest argued that federal regulations pre-empted the claim and Ginsberg was just out of luck. The Court of Appeals agreed with Ginsberg and ordered Northwest to reinstate his membership and miles, but the Supremes said no....Northwest doesn't have to operate in good faith under federal law. The Court went on to say Ginsberg was not without recourse - he could tell people and they in turn could avoid Northwest (now merged with Delta) and let the market place control. So if you have a complaint against an airlines, regardless of how justified your complaint is, speaking up means you risk losing the frequent flyer miles you've already earned.

04/17/2014

Legal nugget of the day: This legal nugget is about a company that I'm not going to name since I don't want anyone to claim that you received "notice" from me. Here's the scoop: a HUGE American company has posted a statement on its website that if you download one of its coupons or read its online newsletter, you are automatically agreeing that any dispute you ever have with any of its products has to be resolved by binding arbitration - meaning no individual lawsuit if you are negligently poisoned and no case action suit if it sells you a defectively designed product. The fine print also says merely buying their product invokes this provision - however the company would have to prove you knew of that provision in order for it to be applicable......which is why I'm not naming the company. This is an ugly attempt to prohibit consumer access to the courts and if it was possible to boycott this company I'd provide the name - but it is so enormous and owns so many subsidiaries that is virtually impossible. So there you go....a huge company is trying to restrict your rights in the marketplace and merely knowing who it is strengthens its position against you. My recommendation: don't go to any manufacturers' websites and don't download online coupons directly from manufacturers. (If you can't stand not knowing the name of the company, request it as a comment and I'll shoot you a private message.)

04/16/2014

Legal nugget of the day: The term "summary judgment" comes up sometimes in civil cases (meaning law suits between parties, not criminal actions). Summary judgment is a procedure that allows a party to ask the court to rule which side should prevail based solely on written statements (i.e. no live testimony) - but it applies only when there is "no genuine issue of material fact. The result is a battle of affidavits and exhibits, the moving party trying to show there is nothing material in dispute and the other party trying to show there are indeed disputed facts. While is always nice to win on summary judgment, the down side is that if there is an appeal, the appellate court looks at the matter "de novo", meaning like new....with no regard given to which side prevailed at the trial level. This is because the trial court considered only written materials and the appellate court has those same materials to review as well - unlike judgments based on live testimony, which only the trial court has a chance to fully evaluate. When the trial court has heard live testimony, the resulting findings of fact are very rarely overturned by an appellate court.

Address

1400 112th Avenue SE, Ste 100
Bellevue, WA
98004

Telephone

+12064478500

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