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David B. Johnston


Practice Emphasis

David B. Johnston

About David

David Johnston’s practice focuses on real estate transactions, secured transactions, creditor rights, contracts, and serving in a general counsel role to closely-held businesses. In additional to his transactional practice, David also litigates real estate and commercial disputes.  His extensive litigation experience greatly benefits his real estate transactions clients when dispute resolution issues arise.

Real Estate Counsel and Transactions

David’s real estate clients include national and regional developers and builders, school and hospital districts, commercial landlords and tenants, and real estate buyers and sellers.  He provides counsel to and represents clients in real estate acquisitions and sales, commercial leasing and subleasing matters, easement issues, due diligence investigations, secured financing transactions involving banks and private lenders, and land use matters.

In addition to drafting purchase and sale agreements, leases and easements, David often works with brokers and other professionals through the process of land transactions.  He is recognized for providing practical advice on business deals, gathering due diligence intelligence, and for his pragmatic approach overall.

Real Estate External General Counsel, Dispute Resolution, and Litigation

David frequently assists his real estate clients in a variety of legal matters related to their businesses, including contract representation and commercial litigation.  When disputes arise, he helps clients resolve matters, if possible, before it reaches litigation.  If an acceptable resolution cannot be achieved, he is fully capable and prepared to represent clients in mediation, arbitration, and litigation.  David has significant trial experience in real estate and construction matters, as well as a wide range of business issues.


David and his wife live in Snohomish, Washington.  Outside of the office, David enjoys an active lifestyle and all that the Pacific Northwest has to offer.  This includes skiing, biking, hiking, maintaining his rural property, and traveling whenever his time allows.

  • Represented landowners in negotiating, documenting and closing complex vacant land transaction in excess of $20.0 million with national builder
  • Comprehensive representation of school district in review of potential school sites and the negotiation, due diligence review and closing of transactions
  • Represented health care client in developing and leasing substantial stand-alone clinics
  • Represented property owner in negotiating and drafting long-term ground lease with national retail tenant
  • Retained as local real estate counsel for national, publicly-held developer and builder
  • Represented tenant franchisee in leasing multiple retail locations
  • Represented property owners in the negotiation and documentation of commercial real estate loans
  • “Creating and Drafting Easements with Success,” National Business Institute, February 2006 & 2007

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