Real Estate Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Real Estate.
July 22, 2014 By Harvey I. Stern, Attorney At Law
This guide is a summary of the pertinent information that California homeowners and their agents are required by law to disclose to buyers.
July 21, 2014 By Harper J. Dimmerman, Attorney at Law
This case illustrates the critical need of a grantor to know the exact extent of his or her ownership interest when conveying an ownership or leasehold interest.
July 15, 2014 By Cobb Law Group
A grading subcontractor was not paid for putting in the roads in a new subdivision; after the construction lender foreclosed upon the project developer, the subcontractor sought payment from the bank. After the trial court awarded the subcontractor its full claim plus attorneys fees, the Georgia Court of Appeals reversed. Some very important lessons for subcontractors and lien claimants are made clear in the ruling.
Homeowners and contractors need to read this guide before beginning a home improvement project.
Reverse mortgages can be a good option for homeowners at or near retirement age in need of additional income. But there are strings attached. Read on to learn what you need to know before starting the process.
It is imperative that construction contracts provide a clear and concise directive in dealing with the fluid course every project takes. Doing so will greatly aid in avoiding the confusion and mistakes that often lead to costly and laborious legal action between disgruntled parties.
July 8, 2014 By Cobb Law Group
In today's cut-and-paste world, even leading contract attorneys make mistakes. If you want to make your contracts easier to read and promote a problem-free project, then consider implementing some of the changes which we have suggested here.
June 24, 2014 By Lovett & Myers, LLC
Water rights in Georgia vary according to the amount of water withdrawn from the water source, whether it is a surface water source (river, stream, reservoir) or a groundwater source (aquifer).
June 24, 2014 By Lovett & Myers, LLC
How to appeal a property tax assessment in Georgia.
June 22, 2014 By Ayman Sultan Law Firm
Law description for business commercial companies established in Egypt. These rights have described according to the International Law in Egypt. Also the article says about private property in Cairo, Hurghada. But there are other rules for Sharm-El-Sheikh.
June 19, 2014 By Law Offices of Jacqueline Mary McQuigg & Associates
What is foreclosure? - To foreclose on property is for a creditor to assert a claim of right, given by the owner of property to a creditor, to transfer interest in property to the creditor in the event the present owner (borrower) fails to pay an obligation, usually created by a loan agreement or promissory note. In short, in most cases, it is when a lender takes property from its owner and sells it in order to satisfy an unpaid debt.
June 16, 2014 By Valova & Angelova
Clarifying some of the problematic issues related with testaments of foreign persons who have properties in Bulgaria.
Unmarried and in a Relationship: Protecting Your Rights with a Cohabitation Agreement in Massachusetts
June 8, 2014 By Scafidi, Juliano & Hurd, LLP
Massachusetts does not recognize any rights for a couple that cohabit. This means that if your in an unmarried relationship and it fails, you do not have the right to palimony, separate support, alimony, property division or claim for loss of consortium. On top of this, the Commonwealth does not recognize “common law marriage”.
May 19, 2014 By Oaktree Law
Mortgage default risk continues to plague the housing recovery. A new report issued by the American Enterprise Institute indicated that the national mortgage default risk remained high in March, even though it dropped slightly from February.
May 18, 2014 By Jeanne M. Reardon Law Office
The Home Equity Theft Prevention Act ("HETPA") became effective on February 1, 2007 and now governs certain sales of homes in foreclosure or default. If you are planning to sell a home in foreclosure or default, you should be aware of your rights under the Act, and know what to expect from a legitimate buyer. The Home Equity Theft Prevention Act was passed in response to recent scams which targeted homeowners in financial distress (often elderly or unsophisticated homeowners).
May 16, 2014 By De Micco & Friends Lawyers
In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because renovations or extensions were not properly authorised or the authorisation was not registered with the different agencies involved. Subsequent permits are possible in some cases, but they do require a special process and incur substantial expenses.
May 12, 2014 By ADMD Law Office
It is customary to increase rents at lease contracts annually almost all around the world. Generally, the main source of such increase is inflation of monetary currencies and revaluation of the properties leased. However, there are legislative restrictions at many jurisdictions, limiting such application or predetermination based on contractual freedom on rental increases.
May 9, 2014 By Kassouni Law
To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement.
April 25, 2014 By Kassouni Law
A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather bizarre arguments being taken seriously, and even garnering the support of some members of the Supreme Court. Case in point: the plaintiffs position in Schuette v BAMN which the Supreme Court decided this week.
April 15, 2014 By Pohl & Short, P.A.
Occasionally unexpected issues arise that delay, or even stop, a real estate closing. There are also situations in which a Purchaser obtains title to property, and after closing learns that the property is subject to significant problems that would have been disclosed by the advice of an attorney or the review of a survey. Here are four recent examples:
April 11, 2014 By Kassouni Law
Seizure of the Barries' Colorado dream cabin shows how arbitrary and nasty the power of eminent domain can be.
April 10, 2014 By Lesichkova & Ilieva Law Firm
The question whether the General Meeting of the Shareholders in a limited liability company (OOD) should adopt a special resolution for the conclusion of a transaction for transfer of ownership over real estate was disputable in Bulgarian legal theory and practice. The Supreme Cassation Court finally resolved this issue.
Fighting The Post-Bankruptcy Survival Of Federal Tax Liens On Property Excluded From The Bankruptcy Estate
March 23, 2014 By DeBlis & DeBlis
The federal tax collection system is founded on the concept of voluntary compliance. The United States government expects taxpayers to compute and timely pay all taxes owed. Most taxpayers fulfill this obligation. However, a minority refuse to comply. Those falling within the latter category are subject to forced collection and various penalties.
March 17, 2014 By LPA Law Firm Albania
Law No. 8561, dated 22.12.1999, “On Expropriations and Temporary Posession of Private Property for a Public Interest” regulates the right of the state to expropriate or take for temporary use of a public interest the properties of physical persons or legal entities, as well as the protection of the rights and interests of the respective owners.
March 14, 2014 By A&P Generalis Law Firm
With the support of an extensive network of professionals (tax advisors, architects, civil engineers, business consultants), a complete series of informative, practical guides focusing on the most important fields of Greek law is available to private individuals, professionals and companies.
March 13, 2014 By A&P Generalis Law Firm
Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens who own real estate in Greece of minimum value €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece.
March 13, 2014 By A&P Generalis Law Firm
Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing, managing, utilizing, developing and reselling property in Greece. It is addressed to both Greek nationals and foreign citizens of other European and non-EU countries who have a practical interest in legal and tax matters in Greece, with the aim of facilitating entrepreneurship and more generally the access of foreigners to the Greek market.
March 10, 2014 By Emery Mukendi Wafwana & Associates
New measures to promote enterprise creation and real estate property transfer in Ivory Coast.
March 6, 2014 By Dudkowiak & Kopec Law Firm
Transactions related to the acquisition of real estate in Poland usually require a large investment funds. Potential risks associated with such transactions should, therefore, be subject to a particularly careful evaluation. The negative effects of omissions of legal defects or adverse facts relating to property acquisitions may endanger not only the viability of the project, but sometimes even the financial stability of the entrepreneur.
February 17, 2014 By Livnat, Mayer & Co.
A summary of some of the pertinent information with respect to purchasing real estate in Israel.
February 11, 2014 By Kassouni Law
In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a resident taxpayer of the area affected and public funds will be spent to implement the challenged law.
February 5, 2014 By Leks&Co
To bring into reality a living in Jakarta that is more orderly, peaceful, comfortable, clean and beautiful, a regulation relating public order is required to protect the citizens and infrastructure of the city including its accessories. Performing public order and peacefulness of the people is an obligation authorized to the provincial district government that has to be carried out in accordance with the legislation.
February 5, 2014 By Leks&Co
Law Number 1 of 2011 on Housing and Settlement (“Housing and Settlement Law”) has already regulated the proportional occupancy. Under Article 34, every legal entity who intends to conduct development of housing and settlement has to implement proportional occupancy.
January 27, 2014 By Kassouni Law
The rise of civil asset forfeiture as a means of increasing government revenues.
January 25, 2014 By LPA Law Firm Albania
Below is a detailed summary of the steps, time and cost involved in registering property in Albania. It assumes a standardized case of an entrepreneur who wants to purchase land and a building that is already registered and free of title dispute.
California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies
January 22, 2014 By Kassouni Law
For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with the power to seize private homes through eminent domain and then give that property to private developers like Costco or Wal-Mart, all in the name of community development.
January 17, 2014 By Kassouni Law
Eminent domain lawyers analyze California cities seizing underwater mortgages through eminent domain.
January 12, 2014 By Pohl & Short, P.A.
John Smith and Michael Jones are two friends who enjoy fixing and remodeling homes. They decide to go into business together, to buy distressed properties through foreclosure sales, to repair and remodel them, and then to sell the remodeled homes for a profit. They shake hands and agree to proceed, with each contributing one half of all expenses, and with each sharing one half of the profits. John Smith then comes to me for advice.
December 18, 2013 By HG.org
When renting out a property you own, it is only natural to want to make the most money and incur the least expense. Unfortunately, for some landlords, this leads to cutting corners in the legal department; a potentially very costly mistake. The following are a few common mistakes landlords make during the eviction process and what you can do to avoid them:
December 10, 2013 By HG.org
Ever had the house guest you just cannot get to leave? Maybe someone you thought you could share a relationship with and things did not work out, or a friend or family member who just cramps your lifestyle, eats your food, and does not contribute to the bills? Whatever the case may be, getting someone out who has overstayed their welcome can sometime be a very difficult task. So, how do you throw someone out of your house?
December 7, 2013 By HG.org
A common question among small business owners is who will be responsible for debts and other obligations if a business entity folds or reorganizes. Many things can happen in the life of a business entity, whether a corporation, LLC, partnership, or sole proprietorship, and this can lead to questions about who will be left holding the bag.
December 4, 2013 By Kalish Law Texas
Persons who are married have certain legal rights and protections that they don't even think about. However, there are other couples who have long-term, committed relationships who have things a bit more difficult. This article will show the issues that should be considered by persons who are involved in a non-ceremonial marriage in Texas, and how to prevent a problem.
December 3, 2013 By HG.org
Millions of Americans work from home, either all of the time or on occasion. But, if a fire, flood, or natural disaster were to hit your home, would your insurance cover the lost business revenues, office equipment, or property belonging to your company?
December 3, 2013 By GRP Rainer LLP
Under certain circumstances, the commercial use of a single family home can be contrary to the lease.
November 26, 2013 By Herdem Attorneys at Law
Project finance means the term applied to a variety of financing structures that have a few features in common. There are lots of participants take place in Project financing, namely; project sponsor, suppliers, contractors, bondholders and the other parties.
November 20, 2013 By HG.org
When any sort of natural disaster hits, it can be terrifying. Once it has passed, though, victims are often left wondering what they need to do to pick up the pieces. Is there anything they need to do in filing their insurance claims to make sure that they will get paid soon and as much as possible? This is especially important for those whose houses are destroyed and who have lost everything.
November 18, 2013 By Herdem Attorneys at Law
The construction contract in an international project financing serves to give the project company a fully completed and equipped facility. In addition, it provides for delivery by the contractor of a facility that satisfies specified performance criteria, for a fixed or predictable price, and completed on a specific date.
November 17, 2013 By HG.org
As the real estate market in the U.S. has made a strong indication of recovery, some outside of the United States have begun to look again at American real estate investments as a possibility. This leads some to wonder, though, whether it is even possible for a foreigner to buy real estate in the U.S.? If so, are there any special laws to be aware of or taxes that must be paid?
November 12, 2013 By Leks&Co
The increasing scarcity of land that can be used for commercial purposes in a city center such as Jakarta, requires efficient management of construction development in the city center. To realize sustainable development, and use the available land efficiently, a recently developed concept known as the superblock concept has been integrated in the urban area.
October 14, 2013 By Harris Kyriakides LLC
In an effort to boost the property market and enhance the attractiveness of Cyprus for foreign investment, Cyprus has implemented measures that allow for citizens of non EU countries to acquire more than one property in Cyprus, provided that certain conditions are met.
October 6, 2013 By HG.org
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does not refer to the commission of an actual fraud, but rather, whether the contract had to be in writing or not. So what is the statute of frauds and when does it apply?
October 3, 2013 By Pohl & Short, P.A.
A grant of an easement by a property owner can often resolve disputes between neighbors resulting from encroachments of fences, driveways, and roof overhangs by one property owner onto another person’s property. An easement is a formal grant of permission by an owner of land in favor of the owner of a second parcel of land, which grants the second parcel owner the legal right to cross over and/or to utilize a portion of the first parcel owner’s land.
October 3, 2013 By Pohl & Short, P.A.
Clients frequently ask how they should take title when purchasing real property. This question encompasses a consideration of the goals of each client, and if appropriate, the client’s need for asset protection.
September 26, 2013 By HG.org
Squatting is the act of taking over custody and possession of someone else's real estate without permission. It can often be difficult to oust squatters, and in many jurisdictions, if the squatter does things in a certain fashion, they may even be able to take away ownership of the property through a process called adverse possession.
September 26, 2013 By HG.org
Most lawsuits settle rather than going all the way to judgment. In fact, the vast majority (often estimated around 90%) of all cases will settle before a trial, and a substantial number of those remaining cases will settle before the verdict is returned.
September 26, 2013 By Kydalov & Partners
At the first glance, the question itself seems to be a little bit absurd: how can you lose the property? But the reality is often such that absurdity can become true.
September 22, 2013 By HG.org
Richmond, California has developed a unique solution to the problem with homes that are underwater after the mortgage crisis. It is using the government's authority to take title to property through eminent domain to reduce the underwater mortgage debt in the city.
And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst
September 16, 2013 By HG.org
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be glad you are not one of the six largest US Banks recovering from the collapse of the housing market and resulting financial crisis. Bloomberg reports that together, they have amassed a whopping $103 billion in legal costs since the beginning of the Great Recession.
September 15, 2013 By HG.org
In my former legal practice, I found that few cases were more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.
September 15, 2013 By HG.org
Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to landlords and tenants, housing standards, zoning, safety, etc. As a result, although a lease agreement may say you have to pay rent always and under every circumstance, there are plenty of times when one of these other laws may intervene.
September 10, 2013 By HG.org
Building codes establish standards for the construction of buildings and other structures. Virtually every structure in a modern building is subject to at least one, and usually several different building codes.
September 10, 2013 By HG.org
The single most common cause of construction litigation for non-private, residential projects is delay. Delays may cascade from one contractor or trade to another, causing a domino effect that can lead to a very expensive conclusion. After all, time is money, and delays on commercial projects can mean thousands or even millions in lost revenues to the property owner.
September 4, 2013 By The McAleer Law Firm, PC
The decision to buy versus rent is only the first hurdle in choosing your home, and placing your signature on a baited rental agreement can harm you financially. Whether you’ve spent days, weeks, or months searching for a new home, the most crucial steps begin right before you sign the contract.
September 3, 2013 By HG.org
We have all had the situation at some point: a neighbor that cares for nobody but themselves. Stereo blasting late at night, dogs barking or attacking others, construction that causes damage to our property...the list goes on. So what do you do in those instances when reasoning with the neighbor just is not working?
September 2, 2013 By HG.org
Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain characteristics, and it is important to know how evictions work in order to know what you should do.
September 2, 2013 By HG.org
Eminent domain, or the process by which the government takes property from private owners, can be a confusing process for many. The most common use of eminent domain is to obtain title to property used for roads and other public facilities. But, this is changing. Cases have held that eminent domain can also be used for the purpose of economic development. So how does eminent domain work?
September 1, 2013 By HG.org
If you live in a homeowners association, condominium, co-op, or other community association, you are probably already familiar with the concept of paying assessments, dues, service fees, or whatever your association may call them. But what happens if you get behind in paying your assessments? Can you stop paying these fees if you think your association is not treating you fairly?
August 31, 2013 By HG.org
Have you purchased a piece of land only to discover after the sale that there was pollution on the property? Are you thinking of selling a house and wondering how much you need to disclose? Understanding the laws related to environmental disclosures can mean the difference between a costly lawsuit and a smooth transaction.
August 27, 2013 By HG.org
A construction (or "mechanic’s") lien gives builders, contractors, and suppliers legal recourse to get paid for their work as well as any materials or supplies purchased for a project. This recourse is in the form of a right to interfere with your ability to convey clear title to your real property and/or to foreclose the construction lien to take title to that property.
August 20, 2013 By GRP Rainer LLP
A housing development for the purposes of portfolio security in an area designated in the building plan as a weekend home area is potentially admissible.
August 19, 2013 By Zakhem Law, LLC
A home is most Americans’ single largest investment. Buying your home can be a very exciting purchase; it is also a major financial commitment that comes with many legal ramifications. Fortunately, sellers and buyers can avoid many common legal pitfalls by taking a few precautionary steps.
August 19, 2013 By HG.org
We often hear that someone owes us a fiduciary duty, whether in a business setting, certain transactions, or even a condo/co-op or homeowners association. But what is a fiduciary duty, how does a fiduciary relationship arise, and what are its implications?
August 14, 2013 By HG.org
Mortgage foreclosure is the process by which the bank takes your home for not paying your loan. It can be a long, difficult, and confusing process for many homeowners, and if you are facing a foreclosure you should contact a local, qualified attorney for advice on how to respond. In the meantime, here are 10 common mistakes people make during a mortgage foreclosure:
August 6, 2013 By Patriot Law Group
A short sale allows the lender to avoid the work involved in foreclosing and then trying to sell a property. It allows the homeowner to avoid foreclosure. However, a short sale can also be challenging to all involved.
July 26, 2013 By GRP Rainer LLP
If a lessee wishes to provisionally suspend the payment of installments, this requires in addition to the cancellation of the purchase agreement the enforcement of the claim for repayment of the purchase price against the supplier.
July 18, 2013 By GRP Rainer LLP
Brokerage costs which are incurred from the sale of a house may be included as work-related expenses for rental income under certain circumstances.
July 17, 2013 By GRP Rainer LLP
Architects and structural engineers have a duty to disclose existing risks to the client relating to a construction project, according to the Federal Court of Justice (BGH) in its judgment of June 20, 2013 (Az.: VII ZR 4/12).
July 4, 2013 By GRP Rainer LLP
Exclusion of warranty may not be effectively valid if the seller of a house has not correctly described any existing defects; therefore, as a result, the seller carries liability in cases of false representation or claims made in bad faith that are involved in the process of the sale.
July 3, 2013 By GRP Rainer LLP
The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.
June 24, 2013 By GRP Rainer LLP
For the classification of leased premises as residential or commercial tenancies, the focus of the tenancy is decisive.
June 17, 2013 By GRP Rainer LLP
The classification of a rental space as either a residential or commercial tenancy conforms to the emphasis given by the lease tenancy agreement.
Tenancy Termination Possible, if Landlord Would Like to Use Property for Commercial Purpose - Germany
June 14, 2013 By GRP Rainer LLP
It is now permissible for a landlord to cancel a lease agreement contract if the landlord wishes to use the leased property for commercial purposes and therefore not for personal use.
June 13, 2013 By Legal Power Law Firm
Among the well-known commercial risk of today, expropriation seems to stand out as the most prominent. It represents the most dreadful form of measures to investors, which might be taken against foreign direct investment by a host state.
May 28, 2013 By Kier Joffe Law Firm
Buying property in Argentina as a foreigner is legally straightforward
May 22, 2013 By Frishberg & Partners
The moratorium on alienation of Ukrainian farm land has long prevented meaningful foreign investment into the Ukrainian agricultural sector. To somehow obtain access to agricultural land, instead of outright ownership foreign investors had to register Ukrainian companies that entered into lease agreements with landowners, most with a “right to buy” option if and when the moratorium will be lifted.
May 22, 2013 By GRP Rainer LLP
Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession is an important fact.
May 15, 2013 By Panter, Panter & Sampedro, P.A.
It’s time for everyone along the east coast to ready their Hurricane Preparedness Plan, and the law firm of Panter, Panter & Sampedro, P.A. have prepared some tips to help prevent unnecessary injuries and damage to property.
May 13, 2013 By GRP Rainer LLP
In a recent judgement, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the responsibilities of an architect towards his clients.
April 19, 2013 By GRP Rainer LLP
As a matter of principle, an architect has to delimit the economic framework for a construction project and consider the budget plans of the client with regards to the basic evaluation.
April 11, 2013 By Prudential Middle East
Real estate investors to soon get shot in the arm if developers fail to deliver. The Real Estate Investor Protection Law, which was highly expected to be issued this year, will now be released during the first quarter of 2013, a senior Dubai Land Department (DLD) official has said.
March 25, 2013 By Jayadeep Hari & Jamil
Being a landlord is not the easiest job in the world. How do you leverage your standing with your tenant? Does the law provide sufficient regulation in this area?
March 20, 2013 By GRP Rainer LLP
When a house is sold, the seller is potentially unable to invoke a contractual warranty exemption if he fraudulently failed to fully disclose an existing defect.
March 14, 2013 By GRP Rainer LLP
Nowadays the subject “Copyright” in the case of buildings occupies architects and builders more and more.
March 5, 2013 By GRP Rainer LLP
A warranty exemption is potentially of no help to the seller of a house who does not fully and correctly describe an existing defect: where there is bad faith, he is nonetheless liable.
February 26, 2013 By Diane A. Nygaard, PA
There are laws in place to protect investors from unscrupulous brokers at companies looking to take their money and make high commissions with little promise of return; those laws work very well, for the most part, to protect investors from securities fraud or investment fraud. Be that as it may, because of a changing landscape, unscrupulous investment brokers and companies may still sell risky investments to investors with the promise that they are "safe" and "low risk."
February 26, 2013 By Diane A. Nygaard, PA
Although touted as safe and low risk investments, Ameriprise real estate investment trust funds have been anything but that – even though brokers have insisted to unwitting investors that they are. It's been alleged that Ameriprise Financial recommended these funds to investors, resulting in significant loss to those investors.
February 17, 2013 By Karbal & Co.
The Libyan Civil Transactions Code of 1953 imposes liabilities on both the contractor and the architect. Article 650 of the Civil Code holds the contractor and the architect (or supervising engineer) jointly liable for any minor or major collapse of the building even if the collapse was due to ground defects and/or the building had been approved and accepted by the owner.
January 11, 2013 By Manly, Stewart & Finaldi
Mold, Radon and other contributing factors to indoor air quality can significantly alter the value of a property and how well it sells. It can even constitute a claim or lawsuit.
January 11, 2013 By Pohl & Short, P.A.
An easement is a grant of permission by the owner of land (known as the subservient estate) in favor of the owner of a different parcel of land (known as the dominant estate) to cross over and/or use a portion of the subservient estate.
December 19, 2012 By Valova & Angelova
Legal comments on the possibility for acquiring of land by foreign citizens following expiration of the 5-years period of prohibition