Real Estate Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.
October 20, 2016 By Patrikios Pavlou & Associates LLC
The main goal of the revised scheme is a further encouragement of Immediate Foreign Investments.
October 19, 2016 By Hassan Elhais
The conventional wisdom about the UAE is that it was built on oil first and property second. The country's most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn't added to the pack, which combined gives Dubai the tittle of the world's tallest city.
September 15, 2013 By HG.org
Few cases are more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.
October 12, 2016 By GRP Rainer LLP
It has since become common for contracts with real estate brokers to be concluded online or by email. It is possible to withdraw from these contracts provided the statutory notice periods are observed.
October 7, 2016 By AMS Advocaten
It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design?
October 6, 2016 By Antonis Paschalides & Co LLC
The law reducing the Cyprus Property Transfer Fees for transfers applies only to the first sale of a property and it abolishes or reduces Transfer Fees provided that the Contract of Sale has been deposited .
October 5, 2016 By GRP Rainer LLP
Guidance on the right of withdrawal featuring the footnote “Nicht für Fernabsatzgeschäfte” (not for long-distance transactions) is ineffective. The Oberlandesgericht (OLG) Düsseldorf [Higher Regional Court of Düsseldorf] ruled that it is possible to effectively withdraw from loans accompanied by this kind of guidance.
October 3, 2016 By Jurado & Farshchian, P.L.
If you are new to leasing investment property to tenants, you need to be sure that your rental agreement covers all the bases so you can protect your investment properly.
October 3, 2016 By GRP Rainer LLP
Proper written form should always be observed when it comes to commercial tenancy and lease agreements. Oral agreements may not be effective in cases where there is doubt, as demonstrated by a recent ruling of the Oberlandesgericht (OLG) Dresden [Higher Regional Court of Dresden].
September 29, 2016 By Law office Dr. Cornelia Draganova
Many UK nationals have purchased in Bulgaria an apartment, a house with land or simply a piece of land in the mountains or near the seaside to build on it or just as an investment. Such properties have been acquired either personally by the investors or through an investor´s owned Bulgarian entity that represented a vehicle to overcome the legal restrictions applicable at that time for the acquisition of land in Bulgaria.
September 16, 2016 By Gehres Law Group, P.C.
Big rewards can be reaped by owning investment properties, but so too can big risks. One common threat real estate investors wish to avoid is personal liability for judgments resulting from a lawsuit.
September 13, 2016 By Barnea & Co. Law Offices
Purchasing a residential property is generally one of the most profound, expensive and important decisions you make in your life. Even more so when purchasing a residential property in Israel.
September 8, 2016 By GRP Rainer LLP
Consumers could potentially save several thousand euros at the last minute by withdrawing from their loans. However, the withdrawal period is set to come to an end at exactly 12am on June 21.
September 6, 2016 By GRP Rainer LLP
It is still possible to withdraw from a large number of real estate loans. The end of the withdrawal period only concerns loans that were concluded between November 2002 and June 2010.
September 7, 2016 By Jurado & Farshchian, P.L.
Buying a home is a huge investment. It can be an excellent investment – but without proper planning and foresight, it can also turn into a disaster.
August 15, 2016 By Jurado & Farshchian, P.L.
The Florida Fair Housing Act and federal law prohibit landlords from discriminating against tenants based on a number of factors, including race, gender, religion, national origin, age, disability (physical or mental) or familial status.
August 15, 2016 By GRP Rainer LLP
Those who still want to withdraw from real estate loans concluded between 2002 and 2010 should take action now while the right of withdrawal is on its last legs. This get-out-of-jail-free card is set to lapse shortly.
August 15, 2016 By Carter Capner Law
Deciding to purchase a property is a critical decision. Once you decide to go ahead and make a real estate transaction, you will have to follow all the right and legal channels including conveyancing for you to have peace of mind that you are buying a legitimate asset.
August 12, 2016 By Gehres Law Group, P.C.
If you are selling or leasing your home, you must comply with the Real Estate Transfer Disclosure Law. That law requires that sellers provide the prospective buyer with a Real Estate Transfer Disclosure Statement (“TDS”).
August 11, 2016 By Jurado & Farshchian, P.L.
Buying or selling property is usually the biggest financial transaction in anyone’s life. It can have a ripple effect on your finances for decades to come. Whether those ripples are beneficial or detrimental depends on the details of the transaction.
August 10, 2016 By GRP Rainer LLP
Properties in an estate can often become a problem, not only because this might lead to disputes in cases involving multiple heirs, but also in connection with inheritance tax.
August 4, 2016 By Aleksey Pukha & Partners
In the course of the business activity deregulation at compliance with the requirements of the Law of Ukraine No. 222-VIII «On Licensing of Types of Economic Activity» dated 2, March 2015 changes have been made to the List of the types of work of economic activity with the construction by the Regulation of Cabinet of Ministers of Ukraine No. 256 «Matters of Licensing for Construction of Objects of IV and V Categories of the Complexity» dated 30, March 2016.
Whether you are selling or buying a home, the last thing you want to encounter are problems with the real estate title. Unfortunately, the foreclosure crisis that hit Florida so hard several years ago sometimes makes it difficult to obtain a clear or marketable real estate title.
Playing the get-out-of-jail-free card and withdrawing from expensive real estate loans is still possible until June 21 without consumers having to pay an early repayment penalty.
Property management has various funds to disperse to different areas that need repair or alteration. Some funds are reserved for emergencies, and some are used for maintenance.
Fire hydrants are critical to containing a fire once it breaks out. They are available within cities to extinguish consuming flames that have become too much for other simple remedies.
Withdrawal can prove to be an extremely attractive proposition from a financial perspective, even for consumers whose loans have already been paid off. That being said, withdrawal should certainly be carried out before June 21, 2016.
In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company. However, real estate transactions are important and complex investments, and, in most cases, one of the most important purchases for an individual or family.
In a classical sense, a “greenfield investment” is the construction of a new industrial unit in a territory previously used as agricultural area.
A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the state of the property.
By Luxury Law
When you purchase a property in Italy, you need to be aware of the amount of taxes you will be required to pay, and at that stage you need to be informed if you are purchasing a luxury home or not, this might make a huge difference, as a luxury home is excluded from “fiscal benefits”.
Getting the right space to house your new business is essential, but you need to get it on the right terms to ensure your business is in a prime position to succeed. Commercial leases are prepared by landlords, and crafted to favor landlords.
Contingencies in real estate purchase contracts specify conditions that must be met before closing can take place. Some of the standard contingencies in real estate contracts include financing, inspections, insurance and other things that must be in place before the sale is completed.
Investment in real estate has always been one of the favorite choices for investors. According to Knight Frank Global Price Index Q4 2015 and Q1 2016 reports, Turkey leads global house growth with 18% and 15% in order. Furthermore, after the abolishment of the reciprocity principle in 2012, real estate acquisition in Turkey has been even more attractive to foreign investors.
Successful real estate investors know that to protect your investment, you not only need to have the proper insurance for your property, but you also need to take some extra steps to manage risk when leasing investment property to tenants.
Even with the national economy and housing market on the upswing, Florida continues to have one of the highest rates of foreclosure in the U.S.
Florida was among the hardest hit states in the national housing crisis, and state courts are still dealing with the flood of foreclosures crowding dockets. In 2013, the Florida Fair Foreclosure Act (“FFFA”) was signed into law in attempt to unclog the court system with an expedited foreclosure process that both hurts and helps distressed homeowners.
There are several ways that homeowners can help guard against foreclosure so that they can keep their homes and avoid the negative consequences of this action.
Enhanced life estate deeds, commonly known as “Lady Bird Deeds” provide a legal mechanism for property to pass automatically to a person or group of people without going through Florida probate.
Beijing has recently held the twelfth edition of the Luxury property showcase, Real Estate Luxury Fair, promoted by the Ferretti group and Bank of East Asia, which granted space to 120 exhibitors from 35 countries and, above all, welcomed over 6000 visitors.
Chinese attracted by investments in Italian houses: In the last few years Chinese people have been attracted by investments in Italian houses. The are several reasons behind it: obtaining a Schengen Visa is one of them.
The countdown is on for withdrawing from real estate loans. The deadline for withdrawing from legacy contracts is June 21, 2016. After this date, the so-called “ewiges Widerrufsrecht” (perpetual right of withdrawal) will cease to exist.
It is often possible to save several thousand euros by withdrawing from a real estate loan. Having said that, this so-called “ewiges Widerrufsrecht”, or perpetual right of withdrawal, shall cease to exist for legacy contracts on June 21, 2016.
Creditors who have sued (and won), may find that the debtor has moved its business operations or move its assets to another state. When this happens, the creditor should consider domesticating their judgment in the new state.
Texas homeowners and property owners whose house or land has suffered water damage due to the actions of a neighbor or nearby business may be eligible to file a lawsuit. The first step in taking legal action is to talk with an attorney about your case.
For the majority of cities and places, development is a good thing. Not only is it often a sign of economic growth, it can also mean additional jobs being brought into the area, especially when the projects include office buildings, warehouses, and other commercial properties.
By Kassouni Law
California land use lawyers have filed suit against the Association of Bay Area Governments in an effort to preserve Californians' constitutionally protected property rights
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
Tenants who do not pay rent in time or otherwise violate the rental agreement that they have with the landlord may be subject to eviction. However, a landlord must carefully follow the laws related to eviction to avoid liability in this situation.
Landlords are not required to let their tenants destroy their property. They may take legal action according to local rules and the lease agreement.
Many of the landlord responsibilities may be laid out in a lease agreement. Absent an agreement or a provision on the matter, Florida law and housing codes may be consulted to determine the landlord's rights and duties.
A Florida land trust is a legal agreement under which the title of real property is vested to a trustee. The beneficiaries of the trust direct the trustee on how to maintain the property. The trust also allows the beneficiaries to collect rent without holding legal title to the property.
For the past decade cities such as Berlin, Leipzig, Munich and Bremen became and remain the focal point of interest of foreign investors who in the German real estate market are primarily looking for security and stability and secondarily high returns. Purchasing property in Germany though has its own rules which should be taken onto consideration before taking the step.
In real estate, a contingency is a condition included in a home purchase agreement, that must be completed before a deal can actually be finalized. If either party is unable to meet one, or more, of the contingent conditions, then the deal may be voided altogether. If you are buying a home in Wisconsin, you need to be aware how contingencies can be used to help you complete your purchase.
If you are unable to attend a real estate closing and sign the necessary documents you can have your attorney prepare a power of attorney for you thereby allowing your agent to act for you at the closing.
Whether you are buying or selling a home, your team of expert advisers should include a real estate closing attorney. Real estate closings are complicated matters and require a thorough knowledge of the law. With a decision as serious as buying and selling real estate, it is important that you are guided throughout every step of the closing process by an experienced and knowledgeable real estate lawyer.
Almost every private housing area as well as public ones prohibits undue, avoidable and excessive noise. For laws and ordinances that stipulate noise levels, law enforcement is allowed to give citations and tickets to those that violate these regulations.
A well-written contract is more than a fill-in-the-blank form. It's unique, it reflects your business principles, and it reflects your values. Make sure your contracts reflect the personality and the tone you desire.
Popular questions concerning buying a property in Italy.
A look at some of the issues with leasehold ownership in Thailand.
By ESK Law Firm
Although there are several similarities between construction law in Iran and other countries, it has its own rules and regulations which are different from the construction industry of the West. foreign contractors who enter the market for the first time must be prepared for a different environment. This article explains important aspects of construction law in Iran.
Importance of declaring both of the spouses in the property declaration.
In some situations, California landlords decide to rent out their properties until they are able to find a buyer. When a unit is sold that is occupied by a renter in California, the renter still has many tenant rights that must be honored and respected. Simply selling the property does not usually justify an immediate eviction of a tenant.
For many couples, real property represents the most valuable and expensive asset that they own. Since the couple will no longer be living together in the same house, they must often reach some sort of decision regarding which party will receive the house.
Some states require that potential lien claimants serve a Notice of Intent to Lien on of the real estate where the lien will be placed prior to the filing of the lien. Georgia does not have this prerequisite, however, so a Georgia lien claimant may exercise an option to serve the project owner with prior notice.
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
The Italian real estate market has grown rapidly and is predicted to become one of the most attractive to European investors. Our lawyers assist clients in all types of real estate development, including shopping center, industrial, residential, hotel and downtown developments. We have extensive experience in the creation and operation of residential, commercial and mixed-use condominiums and planned unit developments.
When a person owns land, he or she may assume that he or she is the sole owner of all of the land and can restrict others' use of the land. However, through an easement, another person or entity may have the right to a limited use of the land.
The procedure and regulation concerning foreigners' acquisition of real estate in Turkey.
When a person hires someone else to provide goods or services to him or her, the terms of the contract dictate when the work is to be performed or the goods to be provided. However, situations can occur in which the contractor is not providing timely delivery, and the customer may pursue legal action to enforce his or her rights.
The Independent Status of Car Parking Spaces in Accordance with the New Amending Bill to the Urban Planning and Development Act.
Former homeowners who have been foreclosed on have to go through an entire year of loss after loss. First, they lose their home and have to relocate. Next, they have to figure out how to re-establish credit because they have lost their once good credit rating. Then, as homeowners attempt to put this behind them, they go to the mailbox and receive a 1099. A 1099A or 1099C is issued by the creditor for the abandonment or cancellation of debt.
A practical look at a complication non-resident foreigners married to Thais may face when purchasing a condominium in Thailand.
Real estate investors are prevalent in the California real estate market, and they have driven the values for the past few years. What, then, should California real estate investors look out for when purchasing real property as an investment?
Limited liability companies (“LLCs”) are the entity of choice for most transactions involving the purchase and/or development of real estate. There are many situations in which another entity may be used, as, for instance, when a company owns various assets, only one of which is real estate. Still, LLCs predominate.
Lawsuits against real estate agents may be based on a number of different claims. Such claims may include allegations of misrepresentation, negligence, lack of disclosure, secret profits, conflict of interest, etc. As such, it’s important for both the real estate agent and the client to understand what the law expects of real estate agents.
When making a real estate purchase — whether it’s home or an office building — many people don’t give much thought to how the property should be titled. But if you want to pass the property on to a spouse or others some day, how you title it has an important role in how it is passed on.
The title search report is considered one of the most important documents to be obtained by the buyer prior to buying a property as it provides essential information on the legal status of the purchased property be it a piece of land, a factory, residential building or a commercial office space.
Foreclosure is a scary, cumbersome process that often renders homeowners desperate for help, and all too often they call upon unqualified, or unethical, self-proclaimed foreclosure defense attorneys or advocates.
What happens when a construction company or a contractor put's a lien on your property for unpaid services? What if the lien is invalid? Do you have any recourse?
Recently foreclosure defense attorneys have argued that FL Stat. 559.715 is a condition precedent to foreclosure and a defense to foreclosure. Recently the 2nd DCA finally rules on the issue and held otherwise.
The right of superficies is found in Sections 1410 to 1416 of the Civil and Commercial Code. It is a right in land granted by the owner to the holder of the right, called the superficiary, in order to own structures built upon or under the land.
It is common for a contractor in one state to participate on a project in another state. Unfortunately, each state has its own rules and regulations for letting out-of-state contractors work within its borders. For those contractors and subcontractors who are bidding on or working on Georgia projects, there are registration requirements with the Georgia Department of Revenue. This article provides useful information to construction professionals seeking working in Georgia.
Florida real estate has always been attractive to foreign buyers, even before the housing crash that depressed prices for both residential and commercial real estate and made foreign investment in Florida real estate a bargain for many buyers.
Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.
Protection of owners rights is important for every country. In Ukraine, there are not a lot of effective methods how to keep your rights. Often using realtors services we think and assume that our rights are defended. But as usual, it not so. Who are realtors in Ukraine? Are they responsible?
Buying real estate property in Spain is not really different from buying in other European countries. In this article we will explain the basic steps to be taken in the purchase process.
The usufruct is a “real right” or interest in property that originates in Roman law and generally grants one person beneficial rights in the property of another for a certain period of time.
Real estate agents occupy a position of trust. Quite often, they are involved in transactions that represent the largest monetary value that their clients have ever encountered. As such, real estate agents may be subject to a number of legal claims.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
The nature of the relationship between a California general contractor and a subcontractor is legally quite complex. The general contractor awards a sub-contract based upon a bid, or extensive experience with a particular subcontractor. It is not unusual for work to begin on a jobsite under a subcontract prior to any physical agreement being drafted or signed.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
A tenant’s basic duty is to pay rent in a timely manner and to maintain the property up to a certain standard. Landlords also have certain duties. These duties may exist under contract provisions and/or under state and local laws.
There are many situations in which your property may be in the possession of another person. You may have visited someone overnight and left something behind. You may have broken up with a paramour. You may have been kicked out of the property by a roommate.
Real estate market in the Democratic Republic of Congo [DRC] is vast, especially for urban centres, like Kinshasa, Lubumbashi, Kisangani, Goma, Kolwezi, Bukavu, Matadi, etc.
In most cases, a person is not legally required to hire a real estate lawyer before purchasing real property. However, real estate lawyers perform a variety of tasks that can help make the home buying process less complicated and that can tend to the buyer’s rights.
Evicting a Tenant in Thailand is not a simple matter. Leases are generally treated as a contract. There are procedures that need to be followed to terminate the contract.
When a person has more belongings than he or she can comfortably store in a home, he or she may take extra belongings to an off-site storage company. The circumstances about which the storage company can remove belongings are based on state law and the specific contract.