Real Estate Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate including: construction law, eminent domain, foreclosure, homeowners association, land use and zoning, landlord and tenant law, property law, property management.
Think Again Before You Buy a Foreclosed Home
February 2, 2012 By Law Office of Al Beaudreau, Ltd.
Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has been foreclosed. Problems like mold, wild animals and rundown maintenance systems are only part of the trouble that you may inherit if you purchase a foreclosed home.
Property Litigation in Cyprus
February 2, 2012 By Michael Chambers & Co. LLC
Property is one of the most valuable assets that a person or a company can own and it is perhaps by virtue of this value that property tends to attract a great deal of litigation and dispute. There are many different kinds of dispute that can occur in relation to property; in this article Michael Chambers highlights some of the most common forms of dispute and the action available to an aggrieved party seeking resolution.
Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do
February 2, 2012 By The Schachter Law Firm, P.C.
This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in Houston Texas. We bring you the important foreclosure questions and answers from a legal and tax perspective.
Proposed Residential Visa
January 26, 2012 By Simpson, Foster & Gold
The "Residential Visa" program will provide an opportunity for people worldwide to live in the United States by purchasing a half million dollars of Real Estate. Senators Charles Schumer and Mike Lee have recently proposed a program that would allow anyone in the world to obtain a United States visa by purchasing United States real estate.
Execution of the Mortgage
January 20, 2012 By Leks & Co
Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee repayment of debt through mortgage provides a feature which is called the preferred creditor/ kreditur preferen. Preferred creditor is a creditor who has priority/ privilege right more than other creditor for the debt repayment of debtor in the case of failure events receivable.
Why the Zeros Don't Matter in Commercial Lending Deals
January 19, 2012 By Dalton & Finegold, LLP
Lender A is a commercial lending officer at a large financial institution and has landed a $100,000,000 commercial loan in favor of a large company. Lender B is a commercial lending officer at a small community bank and has landed a $1,000,000 commercial loan in favor of a small, local company. In both cases, there will be parent, subsidiary or affiliate guarantees of the loans, and each bank will be taking a lien on all of the assets of the borrower, including significant real estate.
Something New on the Arizona Anti-Deficiency Front For Construction Loan Foreclosures
January 5, 2012 By Jaburg Wilk
Arizona homeowners, for the most part, are protected from their home mortgage lenders attaching other assets such as the cash in the bank, vehicles and jewelry following a foreclosure or trustee sale of their home. By: Valerie Marciano
The Closer
January 5, 2012 By Pohl & Short, P.A.
At a real estate closing, the closing agent has multiple responsibilities, and must rely upon the cooperation of the parties to complete his duties. He or she must determine that all title commitment requirements have been satisfied, that all documents are properly executed, that all parties have provided appropriate identification, and that funds provided for the closing have cleared – all of which must be resolved prior to disbursing proceeds and recording the documents.
Dominican Law 158-01 of Tourism Incentives for Development
January 5, 2012 By Arthur & Castillo
The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation villas of projects located in designated tourist zones.
How to Partition your Tenancy in Common in Greece
January 4, 2012 By Christos Iliopoulos Law Offices
Someone may obtain a right of co-ownership (or tenancy in common) on a property located in Greece. This may be the result of an inheritance succession, either by a Will or intestate, where more heirs inherit one or more real estate properties. Or, it may be the legal consequence of willingly purchasing a percentage of a real estate interest on immovable property, along with one or more persons.
Real Estate Transactions in Mexico in a Nutshell
December 30, 2011 By G&M Consulting, S.C.
The Mexican Constitution expressly forbids the direct acquisition of real estate by foreign individuals or foreign entities in the so-called “restricted zone”. The restricted zone comprises an area of 100 kilometers along the borders and 50 kilometers along the seashores. In this restricted zone, only Mexican individuals and Mexican companies (notwithstanding any foreign investment in them) may directly acquire land and buildings.
Foreclosure Mill Gets its Due
December 5, 2011 By Glanzer & Associates, P.C.
Foreclosure is always ugly business, but public complaints from homeowners alleging sloppy research, unethical filings, and outright lies, have made law firms that specialize in foreclosure especially villainous in the public eye.
A QPRT Can Be the Solution
December 2, 2011 By Frank & Kraft, Attorneys at Law
Home ownership has long been the key to wealth building in the United States, the recent downturn in the housing market notwithstanding.
Understanding What You’re Up against When Facing Foreclosure
November 30, 2011 By Law Office of Michael P. Forbes
The foreclosure process may be intimidating but it isn’t hopeless. If you choose to fight your foreclosure proceedings, you increase the chances of remaining in your home.
Regulation Regarding Acquisition of Immovable Properties by Companies With Foreign Investment
November 23, 2011 By BUE Law Firm
Purpose, Scope, Basis and Definitions
Amendments to the Incorporation Terms of Real Estate Investment Companies
November 23, 2011 By BUE Law Firm
Communiqué on the Amendment to the Communiqué on Principles regarding Real Estate Investment Companies (Serial: VI, No: 26) (“Amendment Communiqué”) has been published in the Official Gazette on December 31, 2009 entered into force on the same date.
Understanding the Alternatives to Filing for Bankruptcy
November 21, 2011 By Malaise Law Firm
If you are struggling with debt, it is not unlikely that you are considering bankruptcy. While this could be the viable solution that you are looking for, it does not necessarily mean that it is the one that you should choose. In fact, there could be alternatives better suited for your unique situation.
Temporary Transfer Fee Reduction Approved
November 17, 2011 By Michael Chambers & Co. LLC
On Thursday 3rd November the House of Representatives in Cyprus voted to approve a Bill aimed at reducing transfer fees in property transactions. Property transfer tax represents a considerable levy on purchasers of property on the island and the aim of the latest measure is to prompt the struggling property market by offering buyers a considerable incentive to buying on the island and completing the transfer of the property into their name.
Cyprus: An Advantageous Venue for Incorporation
November 17, 2011 By Michael Chambers & Co. LLC
Clearly Cyprus holds great attraction as a business venue for investors – Michael Chambers explores why so many international businesses entities are drawn to Cyprus and how you can take advantage of the venue yourself.
Buyer Beware
November 11, 2011 By Epstein, Lipsey & Clifford, P.C.
The Massachusetts Supreme Judicial Court recently issued its opinion in the matter of Bevilacqua v. Rodriguez (SJC 10-880).
Title Insurance in Real Estate Purchases
November 8, 2011 By Matt Dickstein - Business Attorney
Title insurance in real estate purchases has always struck me as a mysterious and subtle thing. I remember reading a title policy for the first time and asking, what coverage is the buyer really getting? And how does it factor into the purchase agreement and the deal?
Getting Started on a Commercial Eviction: the 3-Day Notice
November 8, 2011 By Matt Dickstein - Business Attorney
This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant defaults on the lease (usually by not paying rent) the landlord cranks up the machinery of eviction by serving a 3-day notice.
Foreclosure Evictions / Unlawful Detainers
November 8, 2011 By Matt Dickstein - Business Attorney
This article gives you a short outline on how to evict an occupant from a property that you just bought in foreclosure. Usually the properties you buy in foreclosure are occupied. You must get rid of the occupant ASAP to protect the property and maximize your profit.
Buying Property in Turkey?
October 31, 2011 By Gungor & Demirkaya Law Firm
In recent years, many Europeans have begun looking for alternatives places like Turkey, on the lookout for.
China's Construction Laws
October 26, 2011 By MMLC Group - MMLC Murphy Wang
This article looks at the main regulators and laws involved in carrying out construction projects in China. It also provides some useful tips for project owners to keep in mind when dealing with construction projects in China.
Buying Property in Cyprus
October 26, 2011 By Michael Chambers & Co. LLC
Cyprus is considered one of the safest European countries to invest in since its market is growing at a stable rate and its prices are competitive. If every perspective purchaser bears in mind the following points then a safe and prosperous investment will be carried out.
Debt Secured by Mortgage
October 24, 2011 By Leks & Co
Background
Referring to Law Number 4 of 1996 on Mortgage of Land along with Properties Related to the Land (“Law 4/96”), particularly Article 10 paragraph (1), it is stated that the granting of mortgage is preceded by a covenant to provide mortgage as the security for settlement of certain debts, which is set out in and as an integral part of the debt (loan) agreement concerned or other agreement which causes such debt.
Covenants Stipulated in Deed of Granting of Mortgage
October 24, 2011 By Leks & Co
Introduction
As we already have known, according to Law Number 4 of 1996 on Mortgage of Land along with Properties Related to the Land (“Law 4/96”), the granting of mortgage is conducted by making the Deed of Granting of Mortgage (“Deed”) by the Land Conveyancing Officer (“Pejabat Pembuat Akta Tanah/PPAT”) in accordance with the prevailing laws and regulations.
Chapter 13 Can Help Defeat the Foreclosure Crisis
October 20, 2011 By Glanzer & Associates, P.C.
Many of today’s homeowners have more than one mortgage on their home and are struggling to pay multiple mortgages. Some people are simply “walking away” from their homes because the value of their home is significantly less than the balances of their mortgages. However, I am convinced that thousands of homeowners would be in a position to keep their homes if these second and other junior mortgages were eliminated.
Non Residents of Republic of Moldova and Real Estate
October 15, 2011 By Furtuna Law Office
Today, one of the most interesting objects for investment in Moldova is real estate. This fact it is grasped by both the Moldovan and foreign investors. The right of ownership in the Republic of Moldova is regulated by the Law "On property". According to this law, the subject of property rights can be any individual, legal entity, state, and local authorities.
Hong Kong Puts Up Reverse Mortgage for Elderly Homeowners
October 12, 2011 By Angela Wang & Co
The Hong Kong Mortgage Corporation Limited (“HKMC”) launched a pilot reverse mortgage scheme on 11 July 2011, which scheme is designed for elderly people and aims to provide the ageing population in Hong Kong an alternative means to raise cash to meet their daily and medical expenses using their dwelling place as collateral.
Alternatives to Foreclosure
October 5, 2011 By The Volakos Law Firm P.C.
Millions of Americans are losing their homes to foreclosure. Fortunately, there are several alternatives to foreclosure that may help you avoid having your family home foreclosed upon.
Long Beach Court Convicts Tenant of Grand Theft for Breaching Rental Contract
October 3, 2011 By Greg Hill & Associates
Landlords often complain that when a renter fails to pay rent, there is no way to replace the loss if the tenant is insolvent. After all, one cannot turn back time, replace the tenant with a paying tenant and then “catch up” for the lost rent. The landlord is thus permanently deprived of the rent.
What Does the Building Permit Have to Do with Legal Ownership of a Building?
October 3, 2011 By Duensing Kippen Tax and Law
You might have heard something like the following all too common assertion: “the party named in a building permit is considered to be the owner of the that building.” To have heard such may have been particularly disturbing to many foreigners who are allowed to legally own buildings in Thailand.
A Foreigner Can Legally Own Some Thai Land
October 3, 2011 By Duensing Kippen Tax and Law
It is a common misunderstanding that foreigners are per se restricted from owning land in Thailand. One of the most interesting exceptions from the restrictions of foreign ownership of land in Thailand has been enacted for foreigners who bring at least Thai baht forty million equivalent into Thailand for certain prescribed investments.
Taxation of Personal Rental Income
October 3, 2011 By Duensing Kippen Tax and Law
Many purchasers of real estate in Thailand are not using their newly purchased home as a permanent personal residence. Such assets are often meant to be used as a holiday home only and are unoccupied for the remainder of the year. This article will discuss the taxation of individuals who own real estate in Thailand and who receive rental income from renting out the property.
Capital Gain and More Than Your Company Bargained for
October 3, 2011 By Duensing Kippen Tax and Law
What people commonly suspect in the Thai real estate market is that if a company sells immovable property such as land it is subject to a specific “capital gains tax” or that the sale of that land is taxed at the corporate income tax (“CIT”) rate of 30%. However, such is not necessarily the case.
When Will We See the End of the Thai House and Land Tax?
October 3, 2011 By Duensing Kippen Tax and Law
If you or your company own a condominium unit or villa here in Thailand that was used for even one day (with or without having actually received rental income) during the tax (i.e. generally the "calendar") year then you or your company will most likely be obliged to pay an annual “house and land tax” (“HLT”) in accordance with the House and Land Tax Act (A.D. 1932) and as further amended.
Your Off-shore Entity’s Rental Income Tax in Thailand
October 3, 2011 By Duensing Kippen Tax and Law
The use of off-shore entities, such as a company incorporated in the British Virgin Islands (“BVI”) to own real estate is not uncommon in Thailand. This article will analyze the tax consequences of an off-shore entity renting out real estate it owns in Thailand.
Importance of Fighting Foreclosure Proceedings
September 27, 2011 By The Volakos Law Firm P.C.
When facing the possibility of foreclosure, the worst thing that you can do is nothing.
Property Lease Agreements – Are They or Aren’t They? - South Africa
September 20, 2011 By Eversheds
The Consumer Protection Act (68 of 2008) has introduced a new era of substantially improved consumer rights for those doing business in South Africa.
Private Restrictions on Property
August 26, 2011 By Pohl & Short, P.A.
Restrictions imposed by a Developer on subdivided/platted land are generally entitled Covenants, Conditions, Restrictions and Easements (“Covenants”).
Granting and Registration of Mortgage of Land - Indonesia
August 23, 2011 By Leks & Co
Mortgage (hak tanggungan) of land is a security right over right(s) of land, along with or without other properties that constitute a unity with such land, for the settlement of certain debts, which gives the preferred position to certain creditors against other creditors (“Mortgage”).
Cooperative Short Sale: A New Solution for Homeowners in Distress
August 21, 2011 By Harrington Law Associates, PLLC
After three years with no meaningful assistance from the banks or the government, U.S. homeowners may at long last have a workable solution to their mortgage problems.
Real Estate and Property Law in Pakistan
August 4, 2011 By Muhammad Nadeem Chaudhry - PK Jurist
Legal regime governing real estate transactions in Pakistan, including sale, purchase and leasing. Know about common terminologies used in real estate landscape of Pakistan.
Establishment of the Tenant Association of Condominium
August 3, 2011 By Leks & Co
Background: A condominium is a building built in an environment which is divided into parts that are functionally structured horizontally and vertically and consisting of units that can be owned individually and can be used separately, particularly for residence, which is completed with common equipment, common facility, and common land.
Revocation of Lands Rights
August 3, 2011 By Leks & Co
In order to implement the provision of the granting of rights of land in accordance with Law Number 5 of 1960 on Agrarian Principle Regulation (“Law No.5/1960”) and Government Regulation Number 40 of 1996.
Construction Work Contract
August 3, 2011 By Leks & Co
Background: Construction service is one of the activities in the field of economy, social and culture which has important role in the achievement of various objectives to support the realization of the national development goals. Therefore, the implementation of construction services needs to be regulated to carry out the orderly of the construction work.
Can I Get Out of My Timeshare?
July 24, 2011 By Mitchell Reed Sussman & Associates
In today’s current economic climate with many homeowners losing their home to foreclosure, short sale or simply “walking away” they are finding that they are burdened by their timeshare vacation rental with their ever increasing assessments.
Leases for Medical and Dental Offices
July 22, 2011 By Matt Dickstein - Business Attorney
Medical and dental offices need special lease provisions. All leases need a little negotiation and revision, but leases for physicians and dentists need a little more. In this article, the author discusses some advanced lease provisions that health care providers frequently need.
Commercial Lease Terms - Advanced
July 22, 2011 By Matt Dickstein - Business Attorney
Some tenants need special lease provisions, for example, medical practices and businesses in the computer industries. In this article, the author discusses special, advanced lease provisions that tenants frequently need.
Arbitration Agreements, Construction Contracts, Arbitration Awards, and Mechanics Liens under California Law
July 16, 2011 By George W. Wolff & Associates
Construction Contracts on private construction projects - including AIA A-201 General Conditions, and other form construction contracts - quite commonly include a clause or provision requiring “binding arbitration” of disputes between the Property Owner and the Prime or General Contractor.
California Contractors’ Licensing Law Requirements, and Risks for Unlicensed Contractors and Property Owners
July 16, 2011 By George W. Wolff & Associates
California Contractors’ Licensing Law Requirements, and the Adverse Effects to Unlicensed Contractors and Property Owners From the Failure of a Builder to be “Duly Licensed” as Required By the California Contractor’s License Law.
Delay Claims, Changed Conditions Claims and Extra Work Claims in California Public Contract Law
July 16, 2011 By George W. Wolff & Associates
As is the case on private construction projects or contracts, there are many events on public works projects which make it necessary for a contractor or subcontractor to file claims for extra compensation or extra time to complete a project.
Whistleblower Lawsuits and Rewards under California False Claims Act Law
July 16, 2011 By George W. Wolff & Associates
Qui Tam or Whistleblower Lawsuits for Fraud on Government Contracts or Public Contracts under the California False Claims Act, and California Law on the Statute of Limitations.
SBA 504 Loans
July 12, 2011 By Law Offices of Thomas J. Dufour, LLC
The benefit of SBA 504 Loans for Growing Businesses.
Tenants’ Rights - South Africa
July 7, 2011 By Eversheds
As our common law stands, transfer of ownership of immovable property automatically transfers an existing lease of the property concluded with the previous owner, to the new owner as landlord. The tenant is not entitled to resile from the lease agreement when his previous landlord is substituted by the new owner. The tenant may, however, have legitimate reasons to object to the application of this common law rule, on the basis of the protection afforded by our Constitution.
Administrative and Technical Requirements of the Construction of Strata Title - Indonesia
July 7, 2011 By Leks & Co
In densely populated urban areas, where available land is very limited, it is necessary to develop residential in the form of strata title to provide a complete, balanced, and harmony with its surroundings.
Construction Work Contract - Indonesia
July 7, 2011 By Leks & Co
Construction service is one of the activities in the field of economy, social and culture which has important role in the achievement of various objectives to support the realization of the national development goals. Therefore, the implementation of construction services needs to be regulated to carry out the orderly of the construction work.
A Computerized System That Expedites and Guarantees Real Properties Registration in Albania
July 4, 2011 By LPA Law Firm
Under the agreement between the Central Immovable Property Registration Office Albania (CIPRO) the Swedish company Lantmäteriet has brought to Albania a team of specialist who, in collaboration with CIPRO specialists will assist the project of the implementation of the computerized system property registration in Albania.
What You Need to Know about Residential Foreclosures
July 4, 2011 By R. David Marquez, P.C.
So, there is hope for homeowners. Last decade, you saw advertisements asking viewers: Why pay rent when you can own your own home? You haven't seen those advertisements lately? So what changed?
Real Estate Investments in Ghana
June 29, 2011 By AB Lexmall & Associates
One of the fastest growing sectors in the Ghanaian economy is the Real Estate industry. In fact this is not strange to industry analyst especially as the World Bank’s Global Economic Prospect Report has projected that Ghana will become the fastest growing economy in fiscal year 2011 in sub-Saharan Africa.
Connecticut Rules For The 'Spite Fence'
June 20, 2011 By Hastings, Cohan & Walsh, LLP
Neighborly interactions can be less than neighborly at times.
Taxation of Profits of Foreign Construction Companies - Belarus
June 20, 2011 By Glimstedt Law Firm
As far as entering of a foreign company into the construction market of the Republic of Belarus is concerned, taxation of foreign construction companies’ profits, operating in the Republic of Belarus through the permanent establishment is one of the problematic issues.
Inheritance of the Right of Use - Indonesia
June 1, 2011 By Leks & Co
According to Article 41 of Law Number 5 of 1960 on the Principles Provisions of Agrarian (“Agrarian Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.
Acquisition Levy of Right of Land and Building - Indonesia
June 1, 2011 By Leks & Co
As we all know, earth, water, and natural resources contained therein controlled by the State and used as much as possible for the prosperity of the people (society). Land and buildings that build on it, in addition to fulfill the basic need, is also constitutes as profitable investment equipment. In other words, land and building have economic value.
Legal Aspect on Term of Right of Use over State Land and Land under Right of Ownership - Indonesia
June 1, 2011 By Leks & Co
According to Article 41 of Law Number 5 of 1960 on the Basic Principles of Land (“Land Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.
The Legal Aspect and the Rules of the Right to Build - Indonesia
June 1, 2011 By Leks & Co
Nowadays, there are various kind of companies established in Indonesia. In term of construction, these companies require a building located on a land. Therefore, according to Law Number 5 of 1960 on the Principle Provisions of Agrarian, there are several rights over land. One of these rights over land is the right to build which can be defined as the right to establish and own a building on a land.
Condominium on the Land with Right to Build over the Land with Right of Management - Indonesia
June 1, 2011 By Leks & Co
Article 7 paragraph (1) and (2) of Law Number 16 of 1985 on Condominium, the developer (the “Developer”) may build a condominium over the land with Right of Management (Hak Pengelolaan) (“HPL”). HPL is a right to control, given by the state which the implementation is delegated to its holder. Rights of land that may be granted over the HPL land are Right to Build (Hak Guna Bangunan) (“HGB”) and Right of Use (Hak Pakai) (“HP”).
Legal Aspects of License for the Representative of Foreign Construction Legal Entities in Indonesia
June 1, 2011 By Leks & Co
According to the Regulation issued by State Minister for Public Works Number 28/PRT/M/2006 Year 2006 (“Minister Regulation”), it is allowed for the representative of foreign construction legal entities (“Foreign Entities”) to conduct their business in Indonesia after fulfilling some requirements.
Law on Housing and Habitation - Indonesia
June 1, 2011 By Leks & Co
On 12 January 2011, the Government issued the Law Number 1 of 2011 on Housing and Habitation (“Housing Law”). By the issuance of this law, the existed law on housing Number 4 of 1992 has been revoked. This new Housing Law is divided into 2 (two) parts i.e. housing and habitation. The purpose of this Housing Law is to fulfill the public needs for housing.
Illegal Occupancy of Land from the Criminal Perspective - Indonesia
June 1, 2011 By Leks & Co
The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times.
Legal Aspects for Industrial Area Based on Government Regulation Number 24 of 2009 - Indonesia
June 1, 2011 By Leks & Co
Basically, the development for industrial area is required to support the economy in a country. If one country has well maintained industrial areas, it can be the supporting factor for the investor to make their investment in those areas.
Guidance on Conditional Sale and Purchase Agreement of House According - Indonesia
June 1, 2011 By Leks & Co
Indonesia’s high population growth rate has increased the housing needs of the people. Urgent needs of the available units of house often results on the sale and purchase of the house which is still in the planning process and it is giving rise to the sale and purchase through reservation. Therefore, as a result of it, the sale and purchase of house is conducted through a preliminary sale and purchase arrangement.
HOA Restrictions on Property
May 27, 2011 By Pohl & Short, P.A.
Many individuals purchasing real property expect that they have the right to use the land without interference from their neighbors. However, that right is limited both by local governmental regulations and any recorded restrictions imposed on the property. This article addresses private restrictions.
Should You Have Your New Loan Documents Reviewed by an Attorney?
May 17, 2011 By Fransen & Molinaro, LLP
Have you ever heard the cold hard slap of five points? Maybe next time you don't have to...
Rental Homes, Divorce and Community Property Laws in Arizona
May 13, 2011 By JacksonWhite, P.C.
Q: My husband and I are renters and have 16 months left on a two year lease. Since signing the current lease agreement, we have separated and are contemplating divorce. What happens to a lease on a rental home in a divorce?
Loss Mitigation, HAMP and Lawsuits: A Recipe for Litigation
April 27, 2011 By Hirsch and Westheimer, P.C.
Unless you are living in a cave, you know by now that the near collapse of the residential real estate market in 2008 -and the continuing fallout- has led to a dramatic increase in the number of residential mortgage defaults and attempted workouts.
EU Asks Cyprus Via Reasoned Opinion to Lift Restrictions on Property Purchases by EU Citizens
April 18, 2011 By Andreas Neocleous & Co LLC
The European Commission called Cyprus to comply with EU rules which grant to nationals from the European Union as well as from Iceland, Norway and Liechtenstein, the right to purchase property in the Republic of Cyprus. Cyprus is still maintaining its restrictive measures and as a result EU and EEA nationals cannot exercise their right.
Mortgage Debt Forgiveness and the IRS
April 17, 2011 By Mitchell Reed Sussman & Associates
Debt reduced by a mortgage loan modification, short sale or foreclosure will often result in the issuance by the lender of an IRS Form 1099–C, Cancellation of Debt. Under the Internal Revenue Code if you borrow money from a lender who later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes.
Cram Down Your Mortgage in a Single Asset Real Estate Bankruptcy
April 17, 2011 By Mitchell Reed Sussman & Associates
If you are a natural person, corporation, partnership or limited liability company that owns an income producing parcel of real property and you are behind on payments or perhaps “underwater” you should consider filing a single asset Chapter 11 real estate bankruptcy.
California Construction Contracts, Subcontracts, Arbitration Agreements, & Mechanics Liens in California Law
April 9, 2011 By George W. Wolff & Associates
Construction Contracts on private construction projects - including AIA A-201 General Conditions, and other form construction contracts - quite commonly include a clause or provision requiring “binding arbitration” of disputes between the Property Owner and the Prime or General Contractor.
Visa D & Residence Permit in Bulgaria by Property Purchase
April 7, 2011 By Trifonov Law Offices
The obtaining of a residence permit in Bulgaria (long stay permit or permanent stay permit) by foreign citizens could be realized on more than legal 20 grounds. One of the most preferred is the purchase of a real estate property in Bulgaria.
Determing Who to Serve 20 day Preliminary Notices Upon on a Construction Project per California Law
April 2, 2011 By George W. Wolff & Associates
Who is the owner, construction lender, or payment bond surety for purposes of serving, recording and pursuing preliminary notices, mechanics liens, and payment bond claims in California law?
Prompt Payment Laws, Laibilities & Legal Rights on Public and Private Construction Projects in California Law
April 2, 2011 By George W. Wolff & Associates
California prompt payment laws, rights and liabilities for progress and retention payments for owners, contractors and subcontractors on private and public works construction projects.
How to Record a valid Mechanics Lien; How to Maintain, Perfect & Enforce a Mechanics Lien per California Law.
April 2, 2011 By George W. Wolff & Associates
Time Deadlines, Procedures and Traps for Contractors and Subcontractors on Mechanics Liens under California Laws
California Law on What Types of Construction Claims and Costs May Be Included in a Mechanics Lien
April 2, 2011 By George W. Wolff & Associates
Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws.
Go from Upside Down to Right Side Up (Part II): The Short Sale
March 28, 2011 By Hamad Law Firm, LLC
The short sale is an important and common form of property sale when you owe more than the value of your property and can no longer afford the mortgage. Learn more about them here.
Minimization of Risks of Investing in the Commercial Real Estate - Russia
March 28, 2011 By Tenzor Consulting Group
Speaking in these days about investing in general, and investing in the commercial real estate in particular, it is impossible to go round attention crisis situation, folded in a world economy. This crisis struck on the investment projects of citizens and companies stronger than on all.
The Case of the Problematic Developer - Russia
March 28, 2011 By Tenzor Consulting Group
Investing in commercial construction projects is an entrepreneurial activity that, according the Article 2 of the Legal Code of the Russian Federation, is undertaken at the investor’s own risk. Herein lies the primary difference in the consequences of a poor monetary investment by a legal entity or a private entrepreneur and the consequences of a developer not fulfilling his obligations before to the investor of the construction project.
Section 8 Vouchers and the Tea Party
March 25, 2011 By Parlanti & Cooperman LLP
The potential affect of Tea Party influence on the Federal Section 8 Voucher Program as pertaining to New York City multi-family housing.
Financing a Purchase When a Conventional Mortgage Is Not an Option
March 23, 2011 By Cameron Kelly Law, LLC
Alternative Financing Methods in a Slow Real Estate Market.
The Attorney's Role in the Purchase of Investment Real Estate
March 23, 2011 By Cameron Kelly Law, LLC
Purchasing commercial or investment properties is a complicated process that begins with your evaluation of which property is right for you.
Title Registration: Reasons to Register Title to Your Property
March 23, 2011 By Cameron Kelly Law, LLC
Most homeowners and owners of real estate have seen an abstract of title.
Commercial Landords May Be Liable for Tenant Improvements If Not Disclaimed
March 23, 2011 By Cameron Kelly Law, LLC
Tenant improvements are not uncommon in a commercial situation. In Minnesota, the rules relating to mechanics liens for improvements apply to situations where commercial tenants make improvements to their rental units. As a landlord, precautions should be taken to make sure these liens do not attach to your property.
Cancellations of Residential Purchase Agreements in Minnesota
March 23, 2011 By Cameron Kelly Law, LLC
When parties agree, cancellation of a purchase agreement can seem simple. However, when one party or the other is unwilling to cancel home buyers, home sellers, and their Realtors can be frustrated with the process. In the last several years, new statutes have been passed to make it easier for parties to resolve cancellation and earnest money issues.
Some Aspects of Real Estate Law in Panama
March 20, 2011 By Me. Ivan Pierre Julia Alonso
In recent years Panama has expanded its real estate sector to make it a key sector of the economy. Despite global crisis, new projects continue especially in the capital, Panama City. Buyers can negotiate every clause of their contract and can take security measures of their payments.
What Amounts, Claims and Costs May be Included in a Mechanics Lien under California Law.
March 12, 2011 By George W. Wolff & Associates
Amounts Recoverable on a Mechanics Lien under California Law
How to Substitute Listed Subcontractors On California Public Contracts under the Fair Practices Act Law
March 12, 2011 By George W. Wolff & Associates
How to substitute or remove listed subcontractors on California public works government construction jobs under the Subletting and Subcontracting Fair Practices Act, Public Contract Code sec. 4104, 4106 & 4107.5 substitution procedures and hearing procedures, lawsuits by substituted subcontractors for lost profits, and other concerns for listed subcontractors and substitute subcontractors.
Disclosure Duties in Real Estate Sales, and Liability for Real Estate Fraud and Undisclosed Defects
March 12, 2011 By George W. Wolff & Associates
Disclosure duties in the sale of real estate, and liability and damages for fraud, misrepresentation or the failure of sellers to disclose material facts affecting the value or desirability of real estate under California Law.
Go from Upside Down to Right Side Up (Part I): the Introduction & the Loan Modification
March 7, 2011 By Hamad Law Firm, LLC
We’ve seen the housing market go from bad to worse. Foreclosures are up, values are down. If your mortgage is considered “upside down” or “under water” – you can’t expect to sell the property right now for more than you owe - so you need to come up with another solution. There are five basic methods of solving the problem: (1) Payment Plan; (2) Loan Modification; (3) Sell the property, including at short sale; (4) Deed in Lieu of Foreclosure; (5)Foreclosure. Let's go through each one.
Evictions & Unlawful Detainers
March 6, 2011 By Matt Dickstein - Business Attorney
This article gives a short overview of evictions (unlawful detainers) from a landlord’s perspective. When you, the landlord, need to evict a tenant, you may not use self-help measures to remove the tenant. For example, you may not lock out the tenant, cut off utilities or place a baseball bat strategically upside the tenant’s head. Instead you bring an unlawful detainer lawsuit against the tenant.
Getting Started on a Commercial Eviction: the 3-Day Notice
March 6, 2011 By Matt Dickstein - Business Attorney
This article gives a brief summary of the 3-day notice, which is how you start an eviction (an unlawful detainer lawsuit). Once the tenant defaults on the lease (usually by not paying rent) the landlord cranks up the machinery of eviction by serving a 3-day notice.
Power of Attorney II
March 3, 2011 By Pohl & Short, P.A.
This article addresses the proper format for the execution of a document by the Attorney-in-fact, and introduces the use of a statutory form of Power of Attorney known as a Durable Power of Attorney.
Can I Eliminate My Second Mortgage in Bankruptcy?
February 19, 2011 By Mitchell Reed Sussman & Associates
The current financial crisis, brought on by the collapse of the housing market has more and more people looking for solutions to their "under water" property. An "under water" property is one in which the debt on the property is greater than the value. Today, millions of homeowner are now upside-down or "under water" on their home mortgage and they are looking for a way out.
Should I Buy Now?
February 15, 2011 By Hamad Law Firm, LLC
With property values fluctuating and mortgage rates low, what should you do?
Measures on Enhancing the Supervision of Construction Industries in China
February 1, 2011 By UB & Co. Attorneys and Counselors
In order to regulate the development of the construction industries and remedy the problems during the implementation of the recent RMB4 trillion government stimulus package, the general office of the Central Committee of the Communist Party of China and the State Council jointly issued "Zhong Banfa" Document No. 27 on July 9th, 2009, which stated the harms and specific measures to settle the problems mentioned.
Will I Lose My Home If I File Bankruptcy?
February 1, 2011 By Mitchell Reed Sussman & Associates
One of the first questions, many homeowners who are contemplating filing bankruptcy ask is
“Will I lose my home if I file for bankruptcy?”
The answer to this question depends upon a number of factors. The purpose of this article is discuss those factors.
Understanding Commercial Leases
January 27, 2011 By Matt Dickstein - Business Attorney
In this article the author explains the basics of commercial leases.
Loan Modifications in Bankruptcy
January 25, 2011 By Marc Fabito, Esq. - Protect Law Group
The Wall Street Journal reported on December 21, 2010 in “Wells Fargo Making Mortgage Changes in California” that Wells Fargo & Co. agreed with the California Attorney General to make an estimated $2.4 billion in mortgage modifications for California homeowners with "pick-a-payment" adjustable-rate loans.
Clarifications to the SRO Legislation - Russia
January 25, 2011 By Lidings Law Firm
Two years have passed since the adoption of the law on self-regulation in construction. Within this period it became evident that some adjustments and clarifications to the legislation are indispensable.
Understanding Short Sales
January 18, 2011 By The Habashy Law Firm
A short sale is when a lender accepts a discount on a mortgage to avoid a possible foreclosure auction or bankruptcy. Instead of buying from a seller, you are purchasing the property directly from the lender for a discount.
The Foreclosure Process
January 18, 2011 By The Habashy Law Firm
Foreclosure Defined. A foreclosure occurs when a property owner cannot make principal and/or interest payments on his/her loan, typically leading to the property being seized and sold.
Loan Modification Steps
January 18, 2011 By The Habashy Law Firm
When faced with foreclosure, a loan modification is usually the best and last hope for keeping your home (and credit) safe. The application process can be complex and daunting and the way you file the paperwork can be the determining factor in the lender accepting the terms of the modification.
Types of U.S. Foreclosure Proceedings
January 17, 2011 By Mitchell Reed Sussman & Associates
With the collapse of the real estate market, the word “foreclosure” has unfortunately become an often used word in the English language. This article will provide information about the types of foreclosures found in various states and how they work.
California's Short Sale Legislation
January 17, 2011 By Mitchell Reed Sussman & Associates
This past summer the California Legislature approved Senate Bill 931 (SB 931) amending Code of Civil Procedure CCP §580e to provide for anti-deficiency protection to certain short sales.
The Joint Tenancy Deed
January 17, 2011 By Mitchell Reed Sussman & Associates
The joint tenancy deed is one of the best tools to transfer real estate between spouses, partners and heirs. Its principal characteristic and its advantage over holding title as a tenant in common, is that a joint tenancy deed transfers title immediately upon the death. This is known as the right of survivorship.
Foreclosure and the Bankruptcy Stay
January 17, 2011 By Mitchell Reed Sussman & Associates
While there are many reasons for the rise in bankruptcy filings, with working families falling victim to job losses, the collapse in the real estate market and plunging home values is one of the principal reasons for the rise in filings.
Can I Walk Away from My Mortgage?
January 17, 2011 By Mitchell Reed Sussman & Associates
The current housing crisis and the fact the a good majority of homeowners are "underwater" has resulted in the many, many homeowners asking the question whether or not it is wise to "walk away" from their mortgage.
More People Falling Behind on Mortgages
January 14, 2011 By The Law Offices of Philip F. Counce
In August, the Mortgage Bankers Association (MBA) released data suggesting that more and more people were falling behind on their mortgages. According to a report in The Tennessean, the MBA data showed that 10.47 percent of mortgages in the state were past due between April and June, compared with 9.89 percent in the first quarter of the year.
Condo Unit Owner Insurance Claims
January 3, 2011 By Falk & Falk, PA
As the owner of a Florida condo unit, you will need to purchase an insurance policy to cover your personal property. Your building will generally be covered under the condo association’s master policy.
Florida Flood Insurance Claim
January 3, 2011 By Falk & Falk, PA
You will need to purchase a separate insurance policy for flood damage coverage in Florida. This policy will cover damage from waves, ground water runoff and overflowing bodies of water.
Filing an Insurance Claim for Fire Damage
January 3, 2011 By Falk & Falk, PA
After your home has been damaged or destroyed by fire, you should notify your insurance company and thoroughly read your insurance policy to see if you can file a Florida fire damage claim. To preserve your fire damage claim, you will need to be completely honest with the insurance company.
Insurance Agent Negligence Claim
January 3, 2011 By Falk & Falk, PA
An insurance agent negligence claim can arise when your insurance agent makes mistakes that lead you to believe you have coverage that you don’t have. If you are the victim of a negligent insurance agent, you may be able to seek compensation for damages.
After You've Bought the Property - India
January 1, 2011 By Hemanth & Associates
Steps to be taken after purchase of property.
Creditors Beware: Consumers Who Know Their Legal Rights!
December 30, 2010 By The Alvarez Law Firm, PA
In the past four years we have become more familiar with the terms: Short Sale, Foreclosure, and Bankruptcy. Creditors have become increasingly aggressive and have resorted to bullying the consumer. As consumers we must know what our legal rights are in order to show your creditors that this behavior is unacceptable.
Condominium Unit Owner Dispute
December 26, 2010 By Moulinos & Associates, LLC
There has been a growing trend to hold residents in buildings accountable for creating second hand smoke that affects other residents’ ability to enjoy and live in their apartments.
The Crisis in Public Housing
December 23, 2010 By Parlanti & Cooperman LLP
The true crisis in public housing is the fact that it still exists.
The Next Step in the Foreclosure Mess: Congressional Hearings
December 21, 2010 By George R. Belche, Attorney at Law
With the revelation that many big lenders were "robo-signing" documents - signing them without verifying the accuracy of the information - to move foreclosures through the process, several banks, including JPMorgan and Bank of America, temporarily halted foreclosures to ensure that all paperwork was in order.
An Update - The Legal Risks of Not Registering a Property Lease Agreement in China
December 20, 2010 By Guo Lian PRC Lawyers
Ministry of Housing and Urban-Rural Development of PRC issued the Measures on Administration of Lease of the Properties Sold as Commodity (“Measures”) on 1 December 2010. The Measures will take effect from 1 February 2011, which will then replace the Measures on Administration of Urban Property Lease promulgated in 1995. The Measures apply to the lease of commodity properties constructed on State-owned land in the planned urban area.
Acquisition of Property in Malaysia
December 13, 2010 By L Y Lu & Co
With effect from 1 January 2010, the minimum value of foreign acquisition of a residential property is now set at RM500,00.
Wills in Bulgaria
December 7, 2010 By Trifonov Law Offices
According to Bulgarian Inheritance Act each person who has rounded 18 years and is not under full interdict due to dementia and is capable to act reasonably can dispose with his property with a will.
Purchase of Real Estate by Foreigners in Turkey
December 2, 2010 By ADMD Law Office
In the past decade purchasing property in Turkey became very popular through holiday home owners and investors worldwide. The main purpose of this brief article is to explore the legal structure and the procedure of purchasing real estate in Turkey for foreigners.
Acquisition of Real Estate by Foreign Investment in Turkey
December 2, 2010 By ADMD Law Office
Legislation regarding purchasing of real estate in Turkey by foreign investments have changed many times over the past years. Supreme Court decisions, international or political developments and economic necessities are some of the pushing factors of such amendments.
Using a Power of Attorney
November 30, 2010 By Pohl & Short, P.A.
Occasionally clients say that they cannot be present for a real estate closing, and ask if they can sign their documents in advance. Depending on the circumstances, particularly if the individual is the Seller, the closing agent may be able to accommodate this request and have the documents signed prior to the actual closing date.
Underwater Homeowner? How to Keep from Drowning
November 29, 2010 By Joseph C. McDaniel, P.C.
Property ownership climbed to 69 percent in 2004. However, the availability of subprime mortgages in years prior to that, combined with the inflated prices of houses in the United States, paved the way for the current national housing crisis.
Tips for Building Credit after Bankruptcy
November 29, 2010 By Joseph C. McDaniel, P.C.
Phoenix-area bankruptcies shot upward in August after a four month downtrend according to the U.S. Bankruptcy Court in Arizona. Bankruptcies in the Valley are now on track to surpass 30,000 for the year, almost 5,000 more than in 2009.
States to Receive Aid From Hardest Hit Fund
November 29, 2010 By Joseph C. McDaniel, P.C.
In February 2010, the federal government established the "Hardest Hit Fund" to provide help to states facing the worst of the financial and foreclosure crisis. The first five states to receive money from the program - Arizona, California, Florida, Michigan and Nevada - all experienced more than a 20 percent decline in the average home price according to the U.S. Treasury Department.
Federal Foreclosure Prevention Program Struggles
November 29, 2010 By Joseph C. McDaniel, P.C.
When introduced, the federal government's foreclosure rescue program offered hope to millions of people facing the loss of their homes. The reality has fallen far short of expectations: less than half a million people have had their mortgages permanently modified since the program began in early 2009.
Voetsak to Voetstoots - South Africa
November 26, 2010 By Eversheds
The advent of the Consumer Protection Act (the Act) will have a material impact on those common clauses found in property sales agreements and/or other sale agreements commonly known as a “voetstoots” clause.
Real Estate Transactions Are Always Risky - Armenia
November 22, 2010 By Karakhanyan & Partners Law Office
The importance of real estate transactions continues to rise, however the culture of legal consulting for such transactions is not formed yet. There are several objective and subjective reasons for reluctance to apply for the services of a lawyer for performance of the real estate transactions in Armenia.
Home Loan Modifications, Bankruptcy, and HAMP
November 21, 2010 By The Kelly Law Firm, L.L.C.
Federal Programs for home loan modifications during bankruptcy.
Legal Aspects of Building according to Law Number 28 of 2002 - Indonesia
November 15, 2010 By Leks & Co
The building has an important part as the place for human being to conduct their daily activities. The regulation on the building is the Law Number 28 of 2002 on Building (the “Building Law”).
Real Estate Acquisition of Foreigners in Turkey
November 10, 2010 By Ozturk & Partners Law Office
Real estate acquisition of foreign real persons and legal entities in Turkey has been regulated in the article of 35 and 36 of the Land Registry Law numbered 2644.
House and Condominium Acquisition in Thailand for Foreigners
November 9, 2010 By G.A.M. Legal Alliance
Foreigners are not allowed to own land in Thailand. However, there are avenues available for foreigners to legally acquire a house or condominium for long-term possession. We have listed below the ownership scheme options for both house and condominium acquisitions in Thailand and other pertinent considerations to help you make a choice that best suits your needs and preferences
One Shot Deal
November 5, 2010 By Parlanti & Cooperman LLP
How New York City's "One Shot Deal" is destroying our city.
Legal Aspect of Construction Services According to Law No. 18 of 1999 - Indonesia
November 4, 2010 By Leks & Co
Construction services hold a very important and strategic role in achieving various aims in order to support the objectives of national development to realize a fair and prosperous society both materially and spiritually based on Pancasila and the 1945 Constitution. Therefore, it is necessary to arrange a specific regulation of construction services, which is now set under the Law Number 18 of 1999 on Construction Services (“Construction Services Law”).
Building Construction Permit in Jakarta
November 3, 2010 By Leks & Co
As the capital city of state of Indonesia, Special Capital Region of Jakarta is a center of economic and trade center in Indonesia, which located in the west island of Java.
Legal Aspects of Required Licenses for Development of Condominium - Indonesia
November 3, 2010 By Leks & Co
The interest to live in the condominium tends to increase particularly to people who live in the big cities. According to Article 7 Law Number 16 Year 1985 on Condominium, it is stipulated that the condominium can only be constructed over land of Right to Own (Hak Milik), Right to Build (Hak Guna Bangunan), Right to Use (Hak Pakai) on State Land or Right to Manage (Hak Pengelolaan).
Considering a Loan Modification? Consider Bankruptcy Instead
November 1, 2010 By Chang & Diamond, APC
The crash of the housing bubble has left many homeowners in homes that are now not worth what was paid for them. The current economic crisis and rise in unemployment are leaving many homeowners with mortgages they cannot afford for houses that they cannot sell.
Only a Fool Pays the Mortgage!
October 26, 2010 By Fransen & Molinaro, LLP
Not too many years ago, this headline would have sounded ridiculous. However, such sentiment seems to be gaining traction outside of the fringe anarchist groups that would normally espouse such behavior. Before the real estate market went haywire, a borrower who did not pay the lender lost his or her home to foreclosure.
Your Rights as a Tenant in an Eviction Case
October 22, 2010 By Oreste Law
A common misconception when someone receives a notice to quit (either a 14-day or a 30-day depending on the reasons) is that if you don’t move out by the time stated in the notice, you can be thrown out of your apartment and evicted immediately. That is untrue.
Dealing with Home Improvement Contractors
October 22, 2010 By Oreste Law
What most homeowners don’t know is that they may not have to go to court. Massachusetts has a Home Improvement Contractors Guaranty Fund to which all licensed contractors pay into. The money for this fund is used for the types of cases as described above: where the work is done in an un-workmanlike and unprofessional manner.
Federal Programs for Home Loan Modifications during Bankruptcy
October 15, 2010 By The Kelly Law Firm, L.L.C.
The third quarter of 2009 saw a record number of foreclosures across Arizona according to RealtyTrac, an online marketplace for foreclosure properties. For the fifth quarter in a row, Arizona ranked second behind only Nevada with one out of every 55 homes threatened by foreclosure. In the Phoenix area alone, 2009 foreclosures jumped 158% over the 2008 figures.
Boston Mayor Threatens Filene's Developers with Eminent Domain Power
October 15, 2010 By Sally & Fitch LLP
The mayor of Boston may decide to use eminent domain to solve the problem of a stalled major downtown development.
10 Most Popular Frauds in Property Deals in Bulgaria
October 12, 2010 By Trifonov Law Offices
The purchase of a real property is probably one of the best ways to invest your money as it is a lifetime investment. But on the other hand this might be risky. That is why you must be very careful and spend a short time in investigating the property prior to entering a contract instead of trying to solve the problems afterwards.
How Property Is Allocated upon Divorce under Florida Law
October 8, 2010 By Lewert Law Offices, P.A.
Even though many property settlements are hammered out outside the courtroom, the factors judges use in dividing property affect the relative strength of each side's bargaining position.
Brand New Regulation on Real Estate Acquisitions in Turkey by Foreign-Owned Turkish Companies
October 8, 2010 By Akdogan Uslas, Attorneys at Law
This article discusses the legal regime established by the new regulation of the Ministry of public Works as regards foreign-related real estate acquisitions in Turkey.
The Truth about Short Sales and Foreclosure
September 30, 2010 By John Roberts & Associates, P.A.
The author gets to the heart of short sales and foreclosures.
“Modification Attorneys” and Other Foreclosure Scams
September 22, 2010 By John Roberts & Associates, P.A.
The author discusses the types of scam artists that are targeting distressed homeowners.
Walking Away from your Home?
September 18, 2010 By The Gierach Law Firm
Ask a tax professional before losing or walking away from your home. These days in this shaky economy and what the experts are calling the “jobless recovery,” there are many people still out of work. Perhaps the reader of this article has friends or family that are currently out of work, but have been actively seeking work.
When Vacation Home Becomes Domicile
September 18, 2010 By The Gierach Law Firm
As many Napervillians become more successful in their businesses, they may purchase another residence in another state. As time goes on, they may choose to spend more time in that state (especially in the wintertime). The other state may be more attractive, because that state might not have an income tax or an estate tax upon death. Thus, even if people choose to spend a substantial amount of time at their Illinois residence, they may declare they are a resident of another state.
Is It over when the Foreclosure Ends in Florida?
September 10, 2010 By John Roberts & Associates, P.A.
So you have been served with foreclosure papers, a hearing was held, the sale date has passed and your property is now in the hands of your lender. It was a stressful and often frustrating experience, but whew… it’s over! Or is it? The author discusses the process.
Short Sales, Foreclosures and Bankruptcy in Tennessee
September 3, 2010 By The Law Offices of Philip F. Counce
With the country in the midst of a national housing market crisis, many homeowners have found themselves in the precarious position of owing more on their houses than they are currently worth.
Before You Walk Away from Your Mortgage, Consider This
September 3, 2010 By The Law Offices of Philip F. Counce
More and more people are simply packing their bags and walking away from their homes, convinced there’s no better way to deal with underwater mortgages. While it’s undoubtedly true that you should keep all your options open as you struggle with a dire financial situation, it’s just as true that you should carefully consider all your options before acting.
Legal Aspects of Property Resales in Bulgaria
September 1, 2010 By Trifonov Law Offices
Several major guide-lines of necessary steps towards a fast and successful property resale in Bulgaria.
The Right of Possession
August 30, 2010 By Pohl & Short, P.A.
There are three principal ways in which individuals acquire ownership in real property–as tenants by the entireties, as joint tenants with rights of survivorship, or as tenants in common.
Management of the Condominium Act - Frequently Asked Questions - Bulgaria
August 23, 2010 By Trifonov Law Offices
Since 2009 when the new Bulgarian Condominium Ownership Management Act came into force many important questions have been continuously asked by owners. I have tried to summarize below some of the most frequently asked questions.
Building your home in the Caribbean - St Lucia
August 22, 2010 By Greer & Associates
A self help guide to avoiding disputes when building or renovating your property in the St Lucia.
Guide to buying property in Saint Lucia
August 22, 2010 By Greer & Associates
There are very good opportunities for investment in St Lucia. Once you have decided what property you wish to buy, you will need an alien landholding licence. This article guides you through that process.
Purchasing Construction Company According to Due Diligence - Belarus
August 16, 2010 By Glimstedt Law Firm
Acquisition of business has several stages, including gathering of information about acquired company, preparing of documentation, negotiation, execution and closing of transaction. The quality of research and investigation in the acquired company affects not only on the position of the buyer and seller in the negotiations, but also the company's activities in future.
Mitigating Loss When You Have Something to Lose: Deficiency Judgments, Credit Rating and Public Image
August 2, 2010 By Harrington Law Associates, PLLC
The real estate crisis reaches every strata of society, including financially stable individuals and companies. There is no one-size-fits-all approach, however, and affluent clients have unique concerns that have been largely over-looked by the media and governmental programs. This article discusses strategies for resolving mortgage problems for people who have good reason to worry about deficiency judgments, credit rating, and public image.
"Let the Buyers Beware" - Caveat Emptor
August 2, 2010 By Sonia Bush & Associates
“The principle of "let the buyers beware" applies to purchasers who, without representation are on their own. It is important that lenders and vendors are protected, but it is also equally important for purchasers, particularly a first time buyer to be protected and be advised on benefits and opportunities that they would have otherwise missed” says Sonia Bush, The Real Estate Lawyer in the Cayman Islands.
Real Estate in Thailand
July 22, 2010 By Siam Legal International
Introduction: Thai law strictly prohibits freehold ownership of real property by foreigners. Essentially, only Thai citizens can “own land.” Despite this restriction, the Thai government has left several options open for foreign individuals and corporations seeking long-term property interests.
Condominium Purchase in Thailand
July 20, 2010 By Siam Legal International
Introduction: The Condominium Act of B.E. 2522 (1979) (as amended) delineates the rules regarding foreign ownership of Thai condominiums. Essentially, foreign investors may own buildings but not land. Therefore, condominiums offer ideal investment opportunities. However, the Thai statutes place a few restrictions on the condominium investment.
How Can a Hurricane Attorney Help Me?
July 13, 2010 By Falk & Falk, PA
A hurricane attorney can help you navigate the difficult process of homeowners and hurricane insurance claims.
Condominium Properties in Sri Lanka - Issues of concern for Buyers and Sellers
July 10, 2010 By Law Office of Ajithaa Edirimane
This article addresses the important issue of ascertaining whether there exists a 'subject matter' in a sales agreement relating to a subdivided building.
Spouses' Thailand Property Ownership
July 8, 2010 By Siam Legal International
Introduction: Since 1999, the Thai government has allowed its citizens who are married to foreigners to own land in Thailand. This was a stark contrast to a former law which did not allow even its own nationals to own land within the State owing to their marriage to a foreigner. Back then, the government considered a mixed couple as entirely foreign and thus, not qualified to own land in Thailand.
Thinking of Suing Your Lender?
July 5, 2010 By Fransen & Molinaro, LLP
Litigation Against Lenders and Banks - Is It For You?
Arbitrage en Code de Procédure Civile Morocain
July 2, 2010 By Tanfous Law Firm
Chapitre VIII: De l'arbitrage, Article 306
Toutes personnes capables peuvent souscrire un compromis d'arbitrage sur les droits dont elles ont la libre disposition.
Bid Protests on California Government Contracts and Public Works Contacts in California Law
June 29, 2010 By George W. Wolff & Associates
This Article describes general grounds for Bid Protests on City, County, Local Agency and State Government Public Contracts in the State of California and stresses the urgency to file a Bid Protest very, very quickly after bids are opened to avoid losing your rights to file a successful Bid Protest. Protest procedures vary so check the project manual, local statutes or ordinances on deadlines and procedures, and - immediately - consult a competent and experienced government contract attorney.
Statutes of Limitations on Construction Defect and Condominium Defect Lawsuits in California Law
June 29, 2010 By George W. Wolff & Associates
Deadlines, issues and warnings on filing lawsuits for California construction defect damage cases for private and residential construction jobs
Corporate Real Estate Law in Poland - Q & A Guide
June 28, 2010 By Domański Zakrzewski Palinka
A Q & A guide to corporate real estate law in Poland. © This chapter was first published in the PLC Cross-border Corporate Real Estate Handbook 2011/2012 and is reproduced with the permission of the publisher, Practical Law Company.
Purchasing Property in Turkey - Turkish lawyers, Attorneys, Solicitors
June 15, 2010 By Ketenci & Ketenci
Real Estate law is widely regulated within the Civil law according to Turkish regulations. Within this article, it is intended to provide a niche understanding of property purchase and sell procedure in Turkey.
Forced Sale of Real Estate with Business Partner, Family Member, Significant Others
June 12, 2010 By David S. Slepkow
A partition case in Rhode Island is an equitable, legal action in which a person corporation or legal entity can force the sale of real estate against another co-owner or life tenant.
Don’t Pay Twice for Remodeling Jobs
June 4, 2010 By Pohl & Short, P.A.
Clients frequently ask how they can protect themselves when they enter contracts for home improvements projects.
How Titling Property can Affect your Estate Plan
May 26, 2010 By Law Offices of John C. Martin
The myriad options presented to home buyers when titling real estate have significant tax, asset protection, and estate planning consequences.
Legal Recourses for Collecting Condominium Fees
May 25, 2010 By Fiset Légal inc.
This article refers to the several recourses available to enable a syndicate of co-ownership to collect the contributions for common expenses (condo fees) from co-owners who are negligent in remitting these expenses.
Real Estate Summary - Turkey
May 24, 2010 By Çelik Law Firm
The regulation of real estate law is set forth in section four of the Turkish Civil Code, named as Law of Property. This section stipulates the subject matter of real property, procedure for acquisition and termination of ownership rights and main principles of property law. In addition, the said section of property law deals with non-proprietary interests to real estate, such as easements, real estate obligations, mortgage and charge over property.
BC's Real Estate Development Marketing Act - What's New? - Canada
May 20, 2010 By Harper Grey LLP
A brief explanation of British Columbia's consumer protection legislation for pre-sale purchasers of condominiums, and comment on how the courts have recently enforced the legislation in disputes between developers and purchasers.
Buying a Commercial Property for Your Practice? HST vs. Creditor Proofing
May 19, 2010 By Anurag Gupta Professional Corporation
Your practice is doing well. Interest rates are low. Your lease is about to expire, and you are tired of paying rent. You want to buy a commercial property (the “Building”) that will be owner-occupied. You may also have additional space available for rent. After some time, you may want to sell the Building or rent it out in its entirety. So what do you do?
How Will Canada's New Mortgage Rules Affect Condo Pre-sales?
May 18, 2010 By Harper Grey LLP
On February 16, 2010, Canada’s Finance Minister announced changes to federal mortgage rules that will take effect on April 19, 2010. The new rules will likely affect all residential real estate purchasers in Canada. This article discusses the serious financial impact of the new rules on condominium pre-sales.
Spanish and UK Conveyance: a Comparative
May 17, 2010 By TlaCorp
In Spain, to obtain this information, we have to go to 3 different sources of information: land registry, Catastro, and Local Council. It creates disparity of information, and differences between the registration of the property. UK conveyance is being becoming more “impersonal”. Now, searches can be done electronically, changes of contracts can be done by internet, even deeds and mortgages can be done by electronic way.
The Condemned
May 11, 2010 By The Law Office of Harper J. Dimmerman P.C.
There is an inherent limitation regarding the power of eminent domain.
Construction Adjudication - How to Win!
April 22, 2010 By Clarke Willmott LLP
This is a practical guide to how to win a construction adjudication.
Joint Ownership of Real Property Can Create a Partnership
April 14, 2010 By Jensen & Leiberan
Joint ownership of real property can create a legal partnership even when the creation of a partnership is not the intent of the parties.
Acquisition & Sale of Real Estate in India by Non Residents
April 14, 2010 By Mars & Partners
The author describes the legal aspects attached with the purchase and/or sale of real estate in India.
New Rules Relating to Landlords, Property Management Companies as Users of Consumer Reports
April 13, 2010 By The Cross Law Firm, APC
As of June 1, 2010, Mobilehome Park Owners, Landlords and Property Management Companies who use consumer reports in their daily operations, ie. to screen applicants, are required to create and implement reasonable policies and procedures to identify and assist in combating Identity Theft.
Structuring Real Estate Funds
April 8, 2010 By Matt Dickstein - Business Attorney
A real estate investor’s projects increase in size and volume as the investor evolves. With the growth, an investor might need more capital for down payments and development costs. The investor might already have exhausted all available debt financing, however.
Integrated Project Delivery: Changing the Insurance Landscape
March 30, 2010 By Pohl & Short, P.A.
With more project owners demanding the use of Building Information Modeling (BIM), project delivery is necessarily carried out through greater contributions of design input by the general contractor and the major trade subcontractors. The design professionals are no longer the sole authors of the project design. This collaborative project delivery method has been called integrated project delivery (IPD).
Parties That Can Be Involved In Legal Conflicts in Condominium
March 26, 2010 By Leks & Co
A life in condominium is different from life in ordinary house. Tenants not only have next door neighbours but also have upstairs and downstair neighbours. In condominium there is also a governing body that regulates the management of the condominium environment, maintenance and the construction of environmental infrastructure and social facilities for the purpose of living together with all tenants in condominium.
Condominium Development Policy - Indonesia
March 26, 2010 By Leks & Co
Housing and residence are every human being basic needs. With the increasing number of inhabitants, the land space provided becomes very limited. Because of that, houses are made in a multistory structure or commonly known as condominium (rumah susun).
Summary of Government Regulation No. 41 of 1996 on Residences Ownership by Foreigners - Indonesia
March 26, 2010 By Leks & Co
The purpose of the Government Regulation No. 41 of 1996 (the “GR No. 41”) is to give a legal certainty for foreigners who own property in Indonesia. Foreigners who are domiciled in Indonesia are foreigners who give benefits for national development.
Strata Title Ownership for Foreigner and Foreign Entity in Indonesia
March 26, 2010 By Leks & Co
Indonesia as a developing country is one of the investment destination for developed countries to expand their global business activities. That is why more foreigners domiciled in Indonesia to do their business. However, there are boundaries or conditions for foreigner to own a residence especially a strata title, which is going to be discuss further here.
Principle Regulations Governing Batam Island and Its Effect on Property Sector - Indonesia
March 26, 2010 By Leks & Co
Batam has a strategic geographical location as the closest island to Singapore and Malaysia, which strategically located in the international shipping route. As the special zone for multinational trade area, Batam has a special treatment from the Government of Indonesia.
Sales of Real Estates To Foreigners In Turkey
March 16, 2010 By Cindemir Law Office
This Article examines the legal situation of Sales of Real Estates to Foreigners in Turkey. The recent changes in Turkish legislation in regard with real estate had been also taken into account. One of the influence of globalization to nation states is concerning with sales of real estates sale to foreign entities. In this article, you can find the story of EU candidate Turkey and Europe in relation with sales of real estates.
The Contingency Fund Demystified - Canada
March 11, 2010 By Fiset Légal inc.
This text reports some myths relating to the contingency fund that we identified through the exercise of our specialty. Following is the list of the syndicate's obligations relating to the contingency fund.
How to File a Mechanics Liens under California Law within Legal Time Limits and Lien Enforcement Procedures
March 6, 2010 By George W. Wolff & Associates
There are strict and very very short deadlines for recording and filing suit on a mechanics lien (or a stop notice) on a private construction project in California that run from "completion" of a construction project, or from the owner's recording of a "notice of completion" or "notice of cessation of labor" on a project. Failure to meet these deadlines for recording and filing suit can result in the complete loss of your lien rights and your ability to collect what is owed.
California Law on Using Unlicensed Construction Contractors, their Hiring, Non-Payment, and Liability Risks.
March 6, 2010 By George W. Wolff & Associates
While the laws might seem to some to create an opportunity for an owner or general contractor to hire an unlicensed person at a discount very cheap to what an experienced licensed contractor might charge for the same job, and then still be able to avoid paying the unlicensed builder and even sue him or her to get back the money you paid them, this is not a good idea.
Rights and Obligation of Owner and Tenant in a Condominium - Indonesia
March 5, 2010 By Leks & Co
Condominium is a multistory building for residential purpose, which every unit of it can be owned separately. As a residential building that can be owned separately, tenants of condominium have boundaries in making use of spaces and facilities inside of condominium. In a condominium there are common equipment, common facility, and common land.
Legal Status of a Property Over the Right to Manage - Indonesia
March 5, 2010 By Leks & Co
Not all land has a pure rights over land. There is a Right to Manage (Hak Pengelolaan Lahan – HPL) over some lands, like in some areas in DKI Jakarta, for example Senayan, Kemayoran, Pulomas, etc.
Legal Conflicts in Condominium - Indonesia
March 5, 2010 By Leks & Co
A life in condominium is different from life in ordinary house. Tenants not only have next door neighbors but also have upstairs and downstairs neighbors. In condominium there is also a governing body that regulates the management of the condominium environment, maintenance and the construction of environmental infrastructure and social facilities for the purpose of living together with all tenants in condominium.
Waiting for the Other Shoe to Drop in Commercial Real Estate
March 2, 2010 By The Gierach Law Firm
Anyone who owns commercial real estate knows that there are cycles in commercial real estate. There are times when the commercial real estate market is “hot” and times when the real estate market is oversaturated and is considered “soft.”
Lease Agreements under Turkish Law
February 26, 2010 By Akdogan Uslas, Attorneys at Law
This article thoroughly discusses the legal framework on the lease of real property in Turkey.
Liabilities of Owners and Tenants Over Dangerous Premises
February 25, 2010 By Mesriani Law Group
Under premise liability law, property owners and tenants are liable for injuries and accidents caused by their failure to maintain a safe environment for visitors, clients, and members of the general public.
Using Bankruptcy to Save Your Home and Avoid Foreclosure
February 20, 2010 By Bailey & Galyen
During this era of record high home foreclosure and unemployment rates, many Americans are behind on mortgage payments and are understandably concerned about losing their family home.
Legal Aspects of Building in Indonesia
February 14, 2010 By Leks & Co
Buildings are made to support people’s need of spaces. Building has many functions such as work space, business place, education place, recreation place and many more. In developing countries, especially for small countries, building is used to maximize the use of spaces.
Renting your Condo under Quebec's Law - Canada
February 8, 2010 By Fiset Légal inc.
The rental of dwellings in an immovable in divided co-ownership is common in Quebec. Nevertheless, this is a delicate operation, requiring several measures of precaution and should never be done blindly.
How to Build in Rustic Land - Spain
February 5, 2010 By TlaCorp
A practical guide about how to build a construction for a country house in Spain. With taxes, steps of the process, legal and administrative requirements, licenses, and permits for construction, and explanations of the main concepts.
Foreclosure - Don’t Give Up - You Can Fight
February 4, 2010 By Law Offices of Elliot S. Schlissel
Many Americans unfortunately find themselves having difficulty paying their mortgages. When a family falls behind on their mortgage payments, there are a number of ways to deal with the situation. Houses go into foreclosure for a variety of reasons including loss of employment, divorce, injuries, illnesses and disabilities.
Purchasing a Second Hand Property in Spain
February 3, 2010 By Davies Solicitors / Abogados
If you have decided to buy a home in Spain, , follows some information regarding the legal aspects of the purchase. Buyers of property in Spain naturally find the formalities and procedures involved, strange and confusing and this is often compounded by problems of language and difficulty in obtaining local professional advice that they can understand.
Almeria Illegal Property Claims - Spain
February 3, 2010 By Davies Solicitors / Abogados
Before explaining the bad things, please let me clarify that if you use a solicitor, and he follows normal procedures, the Spanish system allows for 100% safety. When talking about illegal houses , the cases are diverse, but in all of them their is a certain element of blame to be assigned to the purchasers in different degrees. In 100% of the cases their situation is unfair.
Conveyancing/Selling a Property in Spain
February 3, 2010 By Davies Solicitors / Abogados
If you wish to calculate what your expenses will be if you sell your property in Spain, please read this article.
Purchase of a Property under Construction in Spain
February 3, 2010 By Davies Solicitors / Abogados
If you have decided to purchase a property under construction, choose a good solicitor.
Kazakhstan Legislation’s Review on Subsoil Use
February 1, 2010 By Sovremennoe Pravo LLC
Subject advanced for your attention, is very actual in terms of protection of the interests of investors operating and those who intend to invest in the sphere of subsoil use in the Republic of Kazakhstan.
Buying property in Greece
January 27, 2010 By Kosmidis & Partners Law Firm
This text provides a brief and concise description of the necessary steps for the acquisition of real estate property in Greece.
Minnesota: Foreclosure Avoidance and the Options
January 20, 2010 By Maury D. Beaulier, Attorney at Law
In this time of economic crisis where home values have plummeted, often real estate owners are faced with the ugly specter of foreclosure proceedings. It is important to note that there are options to save your home and/or preserve your credit rating. Review this report.
Capital Gains Tax On Real Estate - Israel
January 18, 2010 By Dardikman Law Offices
Capital gains tax on real estate is imposed on any gaining one might have from selling his or hers rights at a real estate. The tax is imposed on the selling of ownership or lease which is above 10 years.
Purchase Price under the Preliminary Agreements - Bulgaria
January 15, 2010 By Valova & Angelova
Legal comments on the matter concerning the Preliminary contracts for sale-purchase and construction - one or two contracts implemented in one document?
A Primer on Thailand Property Law
January 13, 2010 By Siam Legal International
Thailand property laws do not greatly differ from those of other countries. Excepting the prohibition on foreign ownership of land, the same legal concepts and regulations operate in dealing with real property.
My Property Is Sinking: What do I do?
January 12, 2010 By Robert A. Von Esch IV, A Law Corporation
If your property is sinking or threatened by nearby land movement, this article is for you. Soil subsidence and landslides are devastating and often times not covered by homeowners insurance. Thus, if you are damaged by soil subsidence or landslide, you may be facing significant personal and financial loss. Time is of the essence! This article will walk you through what you need to do if you are dealing with a soil subsidence or landslide problem.
Trends in Building and Land Development in Thailand
January 11, 2010 By Siam Legal International
Land development and construction in Thailand are primarily regulated by two laws: the Building Control Act and the Town and City Planning act, both of which have been passed and continuously revised starting in 1992.
Concerns Over Owning Condominium Units in Thailand
January 8, 2010 By Siam Legal International
Condominium units are the exception to the general rule that foreigners are not allowed to have any direct interest over real property in Thailand.
Company Landholding through Nominees in Thailand
January 7, 2010 By Siam Legal International
The use of a Thai holding company as a means of circumventing the prohibition against foreigners having a direct interest in land may no longer hold true in the near future. With the advent of the proposed amendments to the Foreign Business Act and the continued application of previously issued policy guidelines, land registration in favour of a Thai limited company has resulted in a more stringent and rigorous process.
Land Lease in Thailand
January 6, 2010 By Siam Legal International
In a lease agreement, the owner of the building or land, commonly known as the landlord, relinquishes in favour of the person leasing the property, known as the tenant or leaseholder, temporary possession and occupation of the premises for a fixed sum of money. Leasehold in Thailand is governed primarily by the provisions of the Civil and Commercial Code particularly the provisions on hire of property.
Thailand Real Estate: Reduced Tax Rates
December 29, 2009 By Siam Legal International
In an effort to encourage the sustained growth of its burgeoning Thailand property sector, Thai officials deemed it necessary to further extend the period of reduced tax rates on property transfers.
Onerous Provisions in Thailand Real Estate Contracts
December 22, 2009 By Siam Legal International
Ideally, contracts are forged with the view of attaining a fair and just agreement between the parties. In practice, however, this is not always true as market forces, unequal bargaining positions and fraud mire the negotiation process. Thailand real estate contracts suffer from the same malady as developers and buyers often stand in unequal and sometimes opposing terms.
Changes in Ukrainian Law with Impact on Real Estate
December 21, 2009 By Peterka & Partners v.o.s.
Recently some changes to Ukrainian law have been introduced which have repealed the need to notarize land lease agreements and bring greater transparency in land certification and land allotment procedures. This article briefly describes these changes.
Thailand Real Estate: Environmental Trends and Policies
December 8, 2009 By Siam Legal International
Thailand is a country blessed with an abundance of rich natural resources. Its lush pristine forests are home to a vast variety of species of flora and fauna indigenous to the country. As such, the Kingdom has taken great pains in preserving its natural wealth by passing laws designed to control and regulate the amount of waste and pollution produced each year. Thailand residents desire to live a quality life while living in a Phuket villa or Bangkok condo.
What Is a Homeowners Association and Why Do They Exist?
December 7, 2009 By Peters & Freedman, Attorneys at Law
A homeowners association (HOA) is a legal entity that governs a community of homes, including subdivisions, condominiums, townhomes, or planned community. HOAs operate within state statutes to enforce regulations and collect assessments from homeowners, while also taking care of maintenance repairs of common areas.
Thailand Real Estate: Transfer Ownership of Houses and Other Structures to Foreigner’s Name
December 3, 2009 By Siam Legal International
Although Foreigners are not allowed to own land in Thailand, the law does not prohibit them from owning structures and other improvements constructed on lands. This gives foreigners the latitude to set in place legal security measures to protect their ownership rights over the property.
New Condominium Law and Building Management Plans - Turkey
December 3, 2009 By ADMD Law Office
As the real estate market develops in Turkey the Condominium Law is becoming the center of attention. Turkish Parliament amended the Condominium Law No. 634 with a new Law No. 5711 and it was published in the Official Gazette at November 28, 2007 (‘Turkish Condominium Law’ or ‘TLC’).
Duty to Disclose Defects in Residential Properties
November 30, 2009 By Sally & Fitch LLP
Depending on the circumstances surrounding the sale, you may have remedies available under Massachusetts law to recover from the party who failed to disclose the defect.
What Happens if You Want to Back out of an Offer or Purchase Agreement? - Canada
November 26, 2009 By Michael Carabash Attorney
In this article, the author will be discussing what happens if you change your mind after signing an offer or purchase agreement.
What Happens to Deposits on Termination of Agreement of Purchase and Sale? - Canada
November 26, 2009 By Michael Carabash Attorney
Generally, the deposit a buyer puts down in respect of an agreement of purchase and sale is only released by the listing brokerage in very limited circumstances.
Standard Terms in an Agreement of Purchase and Sale - Part 22 - Canada
November 26, 2009 By Michael Carabash Attorney
This article covers various standard terms in the agreement of purchase and sale of property relating to parties, property, purchase price, deposit, schedules, fixtures and chattels, rental items, dates/searches & requisition date, conditions, agreement in writing, and execution and acknowledgment.
How Do Ontario Realtors Get Paid? - Part 21 - Canada
November 26, 2009 By Michael Carabash Attorney
This article discusses some scenarios applicable to compensation for the services of Realtors.
Buyer Representation Agreements - Part 20 - Canada
November 26, 2009 By Michael Carabash Attorney
At any time before a buyer can make an offer to purchaser property, they must sign a “Buyer Representation Agreement” with the brokerage. This article discusses the implications of the agreement and obligations.
What Are the Legal Obligations of Ontario Realtors? - Part 19 - Canada
November 26, 2009 By Michael Carabash Attorney
So what are the legal obligations of Realtors? In a nutshell, they include professional, ethical, fiduciary and contractual obligations, each of which will be briefly discussed in turn.
Premise Liability of Property Owners and Tenants
November 23, 2009 By Mesriani Law Group
Under “Premise Liability” law, landlords and tenants are generally held liable for injuries and accidents caused by dangerous property which has shoddy building materials, hazardous constructions, faulty design, or clutter.
The Dangers of Landlord Negligence – New York
November 12, 2009 By The Law Offices of Mark E. Weinberger P.C.
Injuries due to landlord negligence usually occur when unscrupulous renters try to maximize profits by spending just the bare minimum on property maintenance. These landlords usually own properties in poor neighborhoods while boasting low rent as a come-on to tenants who cannot afford living in better neighborhoods or who cannot pass a credit or background check. Besides the threat it poses to tenants’ safety, landlord negligence may also lead to declining property values in entire neighbors.
Property Law – Revised Guidelines on Sales Brochures - China
November 4, 2009 By Angela Wang & Co
Prospective buyers of new apartment developments in Hong Kong are often misled by artists’ impressions of grand clubhouses, photos of unobstructed sea views or lush greeneries appearing in sales brochures even though the development sites are actually located near public residential housing, landfill sites or sewage treatment plants.
Mediation in Foreclosure Cases - The Champion of Progress in Florida
November 2, 2009 By Hagen & Hagen, P.A.
An inside look and unfocused analysis of the Collins Center for Public Policy foreclosure managed mediation process and hopeful prospects for success in the State of Florida and perhaps around the foreclosure-ravaged country.
What Does an Ontario Realtor Do for a Seller? - Part 18 - Canada
October 29, 2009 By Michael Carabash Attorney
As an Ontario homeowner wishing to sell your property, you will likely ask your Realtor to list it (among other things). Much of the discussion of listing the property revolves around the appropriate listing price. Here, the Realtor will generally conduct a comparative market analysis. He or she will look up comparable homes in the nearby neighborhood that sold recently. The article discusses some of the listing agreements and processes involved with selling a property.
What Does an Ontario Realtor do for a Buyer? - Part 17 - Canada
October 29, 2009 By Michael Carabash Attorney
A Realtor is initially engaged by a buyer to help find the right type of home at the right price. The Realtor will advise on the comparative market value of the home and discuss negotiation strategy, the responsibilities of the buyer, and various standard and non-standard terms and conditions in the agreement.
Legal Options Available to Victims of Real Estate Fraud in Ontario - Part 15 - Canada
October 29, 2009 By Michael Carabash Attorney
As a homeowner, the thought of being a victim of real estate fraud is scary. While uncommon, identity fraud exists and should be guarded against. A fraudster, for example, can impersonate the registered owner of real property and transfer the property to him, herself or a third party. Moreover, a fraudster could acquire a mortgage fraudulently through false information or identification and then run away with the money. This could happen repeatedly with the same property before being discovered.
Organized Real Estate in Ontario (Part 14) - Canada
October 29, 2009 By Michael Carabash Attorney
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each so called “actor” will be examined in turn.
Michigan Foreclosure Prevention Law
October 23, 2009 By Law Office of Gene Turnwald
The Michigan legislature has recently enacted a new Foreclosure Prevention bill into law. This law is designed to give homeowners more time to work out a modification on their mortgage and remains in effect for two (2) years from the date of enactment.
Toronto Real Estate Lawyers (Part 13): Agreement of Purchase and Sale
October 22, 2009 By Michael Carabash Attorney
As a follow up to my previous articles about the Agreement of Purchase and Sale, in this article, I’ll be discussing the execution and acknowledgment section of the Agreement of Purchase and Sale.
Toronto Real Estate Lawyers (Part 12): Agreement of Purchase and Sale
October 21, 2009 By Michael Carabash Attorney
In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.
Toronto Real Estate Lawyers (Part 11): Agreement of Purchase and Sale
October 21, 2009 By Michael Carabash Attorney
As a follow up to my previous article about Agreements of Purchase and Sale (for residential properties) which dealt with the Information Section, Price, Deposit, Irrevocability Clause, and Completion Clause, I will continue with discussion highlighting certain parts of OREA’s standard form. In this article, I’ll be talking about chattels and fixtures, rental items, and title search.
Toronto Real Estate Lawyers (Part 10): Agreement of Purchase and Sale
October 21, 2009 By Michael Carabash Attorney
This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.
Legal Options Available to Victims of Real Estate Fraud in Ontario
October 18, 2009 By Michael Carabash Attorney
Real estate fraud in Ontario generally includes “mortgage fraud” (e.g. fraudsters acquire a mortgage fraudulently through false information or identification and run away with the money, leaving the true home owners with a significant liability) and “title fraud” (e.g. fraudsters use stolen identity or forged documents to transfer a registered owner’s title to him or herself without the owner’s knowledge).
Toronto Real Estate Lawyer (Part 14): Organized Real Estate in Ontario
October 18, 2009 By Michael Carabash Attorney
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each will be examined in turn in part 14 of the Real Estate article series from Dynamic Lawyers Ltd.
Federal Law Increases Severity of Penalties for Mortgage Fraud
October 15, 2009 By Frank A. Rubino
Florida has been particularly hard hit by the sub-prime mortgage disaster. According to a 2008 report released by the Mortgage Asset Research Institute, Florida ranks 2nd in the country in the number of reported mortgage fraud cases.
State and Federal Agencies Take Steps to Combat Mortgage Fraud
October 14, 2009 By Frank A. Rubino, Esq. PA.
Like most of the country, Texas has been hit hard by the ongoing downturn in the housing market. This decline has had a wide range of consequences, leaving many homeowners with upside-down mortgages, cities with reduced revenues and consumers with little confidence in their financial affairs.
Prior to Hiring a Builder: a Few Commonsense Steps
October 11, 2009 By Breakfield & Associates, Attorneys
After construction litigation begins, every homeowner inevitably thinks about what they could have done to prevent the nightmare of being stuck with an unfinished project. As in any case, an ounce of prevention is worth a pound of cure.
What to Do if a Contractor/ Builder Walks Off the Job?
October 11, 2009 By Breakfield & Associates, Attorneys
Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.
How Do You Avoid Litigation With Your Association?
October 9, 2009 By Barry A. Ross, Esq.
You have a dispute with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation over this issue. You are looking for a non-litigation alternative to resolve your dispute with your association. Are there any such alternatives available?
The Association is Prohibiting You from Operating A Business Out of Your House
October 9, 2009 By Barry A. Ross, Esq.
You are an owner-occupant within an association. You operate a chiropractic office out of your residence. The CC&R’s provide that your residence can only be used for residential purposes. The association notifies you that you must discontinue your chiropractic business because it violates the residential use restriction in the CC&R’s. Can the association force you to discontinue your business?
How Do You Avoid Litigation With Your Association?
October 9, 2009 By Barry A. Ross, Esq.
You have a dispute with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation over this issue. You are looking for a non-litigation alternative to resolve your dispute with your association. Are there any such alternatives available?
The Association is Seeking to Collect Assessments and Fines Against You.
October 9, 2009 By Barry A. Ross, Esq.
After paying your association dues for many years, you inadvertently neglect to pay your association dues for one month. You realize you forgot to pay the association dues the following month. So you pay two months of association dues in the second month. The association returns your check stating that you have to pay a late fee. You request the association to waive the late fee. You then receive a letter from the association’s attorney stating that you not only have to pay the late fee...
How Do You Recall One or More Board Members?
October 9, 2009 By Barry A. Ross, Esq.
Your association is 30 years old. The common areas are in disrepair. The sidewalks are cracked. The play equipment on the playground is broken. The swimming pool cannot be used because the filtration system is inoperable. You request the board of directors to take action to improve the common area. The board fails to take any action. The next election of the board is not for 2 more years and you do not want to wait 2 years to replace the board...
Changes to PA's Mechanics' Lien Law Effective Oct. 10, 2009
October 9, 2009 By The Martin Law Firm, P.C.
Amendments to Pennsylvania's Mechanics' Lien Law are effective October 10, 2009.
Toronto Real Estate Lawyers: Defaulting on Your Mortgage
October 5, 2009 By Michael Carabash Attorney
Defaulting on your mortgage...dreaded topic if you're going through it...but important to know if you're unaware or considering it...
Georgia Lien Law (Georgia Materialman's and Mechanic's Liens)
September 28, 2009 By Breakfield & Associates, Attorneys
Short Answer: Generally speaking, under Georgia law, someone that performs work on someone else’s property should be paid and Georgia Lien law can protect that person or company regarding payment for work done. However, one needs to do it correctly or the lien could be invalid. It is important to note that major portions of the Georgia Lien law have changed effective March 31, 2009.
Foreign Ownership: Finally a Possibility?
September 25, 2009 By BNG Legal
It is no secret that for quite some time, the Cambodian government has been working on legislation that would allow foreigners to have an ownership interest in real property in Cambodia. Following the real estate market slump last year, legal commentators believe that if foreigners are allowed to own land or buildings, the market could see the surge it so desperately needs.
Overview of Real Estate Law in Indonesia for Foreigner or Foreign Entity
September 23, 2009 By Leks & Co
This overview is describing the fundamental concepts of agrarian law in Indonesia. It will also relate to any aspects of real estate project because they all derive from agrarian law. This article also explains the strata title concept. The intent of this article is to give legal highlight for the foreigner or foreign entity who wishes to own or build the real estate project in Indonesia.
Legal Aspects on Strata Title Super Block Development in Indonesia
September 23, 2009 By Leks & Co
Superblock is developing largely in Indonesia nowadays. Almost all property conglomerates are starting their prominent project of superblock over large cities in Indonesia. There are certain legal aspects that a developer needs to be aware of in order to be successful in the building and managing of the project. This article is best for a property developer, especially foreign property developer that is already establishing its entity in Indonesia or is intending to do so in the near future.
Structuring Real Estate Joint Ventures
September 22, 2009 By Matt Dickstein - Business Attorney
Real estate investors work together all the time. More and more, we see combinations of brokers, money investors, contractors and other folks flipping or developing properties. As members of a real estate venture, these folks need a formal structure to govern their relationships within the venture.
Suggested Revisions to the AIR STandard Lease Form
September 16, 2009 By Juris Law Group
Anyone involved in commercial real estate in California is undoubtedly familiar with the American Industrial Real Estate Association (“AIR”) standard lease forms. The ease and affordability of the AIR lease forms have garnered them immense popularity in California for both landlords and tenants alike. Generally, however, the parties merely fill in and sign the standard form while making little, if any, changes to the language of the lease.
The Naked Promise to Buy a Home is Enforceable
September 4, 2009 By Pohl & Short, P.A.
There appears to be a misconception that a deposit must be made by a buyer of real estate to seal the deal. The Standard Contract for Sale and Purchase often requires a deposit be paid, however, the failure of the buyer to deliver the deposit does not render the contract unenforceable.
Marketable Record Title Act: The Clock May Be Ticking Against Homeowners Associations
September 4, 2009 By Pohl & Short, P.A.
Real property in Florida is subject to the Marketable Record Title Act
Lis Pendens are not Necessarily Free
September 4, 2009 By Pohl & Short, P.A.
A lis pendens is a recorded document describing real property that provides notice to all the world of a dispute.
Suing Your Lender when Mortgage Modification isn’t an Option
September 3, 2009 By Dwyer and Associates LLC
We hear it in the news every day, foreclosures and homelessness are rising and compounded by jobless rates. I’m really surprised about the number of people who sit back and let it happen to them. Homelessness is prevented every time a foreclosure is prevented.
Life Liberty and Land in the Philippines
September 2, 2009 By Kittelson & Carpo Consulting
Restrictions on Foreign Ownership of Land in the Philippines
A Guide to Anonymous Real Estate Holding
August 27, 2009 By Carlo Scevola & Partners
How to protect real estate and other assets.
What Happens if the Cost to Build a Home Exceeds the Contract Price?
August 26, 2009 By Pohl & Short, P.A.
There has been an explosion of home building in Central Florida.
Get Your Share of Surplus Funds Remaining after a Foreclosure Sale
August 26, 2009 By Pohl & Short, P.A.
Foreclosure actions are routinely filed by banks against homes if the borrower defaults in payment. Homeowners can also be subject to foreclosure actions for failure to pay homeowner’s association dues, assessments or mechanics liens.
Lease Option/Renewal Deadlines Are Not Written In Stone
August 26, 2009 By Pohl & Short, P.A.
If you miss a lease renewal deadline consult an attorney.
Homeowner’s Associations May Prohibit Parking Cars in the Street
August 24, 2009 By Pohl & Short, P.A.
Recently I was asked to research whether or not a homeowner’s association could prevent its members from using the street in front of their houses as a parking lot. Several homeowners in the subdivision routinely parked in the roadway which presented an obstacle to traffic and otherwise decreased the aesthetics of the neighborhood.
Beware of Pool Contract Arbitration
August 24, 2009 By Pohl & Short, P.A.
There has been a proliferation of protective strategies employed by various industries in order to safeguard their members. One device has been to adopt an arbitration provision which requires the unwitting customer who signs a contract to participate in binding arbitration with a panel composed of other like-minded industry representatives.
Construction Defects: A Homeowner Cannot File Suit Until Complying With Notice Under 558 Of The Florida Statutes
August 24, 2009 By Pohl & Short, P.A.
The housing market has boomed in recent years in Central Florida. New home construction has strained the capacity of local builders, laborers and material suppliers. Litigation concerning faulty design or construction methods respecting homes is likewise on the rise.
Statute of Limitations for Building Problems
August 24, 2009 By Pohl & Short, P.A.
The Florida Legislature has enacted statutes which limit the time that a party may bring a lawsuit to recover damages related to construction. Specifically, 95.11(c) applies to any action founded on the design, planning, or construction of an improvement to real property.
Basic Florida Mechanics Lien Law
August 24, 2009 By Pohl & Short, P.A.
If you are a homeowner in Florida, you will no doubt have occasion to contract for repairs or improvements to your property. You should know that the Florida lien law provides homeowners certain protections and also provides particular warnings to help homeowners navigate payment of multiple bills often from unknown suppliers, subcontractors and laborers.
Nine Tenths of the Law
August 23, 2009 By Kittelson & Carpo Consulting
One sided lease agreements in the Philippines are the rule of thumb and don’t imagine for a second that they are in favor of the lessee.
Expected Closing Costs Associated with Real Estate Transactions in the Bahamas
August 21, 2009 By Lex Justis
First time home buyers and even some foreign investors wishing to purchase real estate are always shocked at the additional or closing costs involved all throughout the transaction.
Obtaining an Annual Residence Permit in the Bahamas
August 21, 2009 By Lex Justis
If you are interested in residing in The Bahamas on an annual basis, applying for an Annual Residence Permit may be the more efficient means of acquiring this right.
One Sided Construction Contracts May Not Be Enforced By The Courts
August 20, 2009 By Pohl & Short, P.A.
In the current construction climate builders often dictate the terms of a construction contract. For some large builders form contracts are the norm. However, smaller contractors often negotiate the terms and don’t rely on form contracts.
If Your Contract is Improperly Written, the Deposit May Not Be Retained in the Event of a Default
August 20, 2009 By Pohl & Short, P.A.
In the ordinary real estate transaction, the buyer expresses his interest in a property by executing a contract. One routine provision is to require the seller to put up a good faith deposit.
Surprise! A Hidden Federal Lien
August 20, 2009 By Pohl & Short, P.A.
There is a significant hidden federal tax lien that may attach to real property conveyed by a foreign Seller. It may not turn up in a search of the public records and, ultimately, impose an obligation on the Buyer to pay a portion of the Seller’s income tax obligation.
Modernisation of Cyprus Mortgages Law
August 15, 2009 By Harris Kyriakides LLC
The Republic of Cyprus has now introduced amendments to the laws governing mortgage of immovable property, which simplify the process of re-mortgaging and minimising the costs involved in such transactions.
Is it a Tenant’s Market or a Landlord’s? (South Africa)
August 14, 2009 By Eversheds
Like many other sectors, the market for rented retail property has not escaped the fall-out from the worldwide economic slowdown. Just how big the impact has been and how it has affected the process of negotiating a retail lease is worth considering.
Real Estate Asset Protection
August 13, 2009 By Carlo Scevola & Partners
A Primer on Real Estate Asset Protection, by CS&P Fiduciaire, leader in asset protection consulting.
Surveys can Be a Buyer's Best Friend
August 11, 2009 By Pohl & Short, P.A.
Clients frequently raise the issue of a property survey. The question is almost always the same. “Do I really need a survey for this property or am I just throwing money away on an unnecessary exercise?”
Mechanics Liens & How To Avoid Them
August 11, 2009 By Pohl & Short, P.A.
As a Winter Park homeowner, you are undoubtedly going to be contracting for repairs or improvements to your property from time to time. For small jobs involving a single tradesperson or a company that performs all facets of the work, the process is usually pretty straightforward. The company does the work and you write a check for the agreed to contract price.
If Only...When "Fee Simple" May Not Be So Simple
August 11, 2009 By Pohl & Short, P.A.
A potential client (who I will refer to as Ann) recently asked me to handle the closing on a property that she owned with her aunt, who had died two months earlier. Ann had already signed a contract to sell the property and was looking forward to a problem free closing.
Ye Olde Florida Homestead - Part 2
August 6, 2009 By Pohl & Short, P.A.
Everybody loves to save money. Surprisingly, the Florida constitution and statutes provide an excellent opportunity to own your home and save property taxes at the same time.
Ye Olde Florida Homestead
August 6, 2009 By Pohl & Short, P.A.
The early settlers used to homestead land by building a home, and staking the land boundaries. In present day Florida, we do things differently. To homestead property we first purchase the property, which has already been staked, and then we move in. If only this was all there is to the concept of homesteading, a word that is the source of more questions, and more confusion, than any other in Florida real estate law.
There's Oil In My Backyard. I'm Rich...Maybe
August 6, 2009 By Pohl & Short, P.A.
What you may find, though, is a letter in your mailbox from an individual who owned your property 40 years ago, informing you that he not only owns the mineral rights below the surface of your land, but also, that he has the rights to dig on your land for those minerals (called rights of entry). This letter may go further on to state that for a mere $800 he will release those rights of entry in your favor. Could it happen here? Let’s look at some facts...
Water, Water Everywhere - Is any of it Mine?
August 6, 2009 By Pohl & Short, P.A.
The Florida peninsula is bordered on the East by the Atlantic and on the West and South by the Gulf. Together with its rivers, and approximately 30,000 lakes, Florida truly is a land where there is “water, water everywhere.” People frequently ask me who owns these different bodies of water, whether the general public has an unlimited right to use them for recreational purposes, how to access them, and the rights of the landowners abutting them.
Nice Home... How Do I Get To It?
August 3, 2009 By Pohl & Short, P.A.
One key element of land ownership often taken for granted is the ability to access the property through the public road system. Imagine buying a house as an investment, and finding out later that it does not have legal access.
Contracts 101 - The Sequel
August 3, 2009 By Pohl & Short, P.A.
Real estate transactions don’t have a required format, even though that perception is often implied due to the extensive use of the standard Florida Association of Realtors and Florida Bar Association (FAR/BAR) approved Contract for Sale and Purchase of real estate.
Contracts 101
August 3, 2009 By Pohl & Short, P.A.
Except for transfers by gift or inheritance, a Real Estate Purchase and Sale Agreement, or Contract, is the primary tool used to acquire real property. The Contract defines the purchase price, deposit amount, costs, and all relevant terms by which the Seller agrees to transfer the property, and by which the Buyer agrees to be governed. Under Florida law, these Contracts must be in writing to be enforceable. This article highlights certain salient provisions of these Contracts.
Access to Ports and Terminals.
July 24, 2009 By Burges Salmon LLP
In this Rail Briefing we look at a complex area of law which deals
with how freight operators can achieve access to ports and
terminals. Although we look at some general principles, a complete
in-depth analysis of the law is outside the scope of this briefing.
Contracts 101 - Who Pays for the Repairs
July 23, 2009 By Pohl & Short, P.A.
Real estate transactions don’t have a required format. Although, residential real estate contracts typically include provisions that address the physical condition of the property. Not only does Florida law require that the Seller disclose any inherent problems with the property, but the contract should also provide the Buyer with ample opportunity to inspect the property for termite damage and the overall condition of the home.
Contracts 101 - Warranty vs Quitclaim Deeds
July 23, 2009 By Pohl & Short, P.A.
This article points out some of the differences and benefits of these two types of deeds, while detailing the parameters of the Special Warranty Deed that is also used in conveying real estate in Florida.
Who Gets the Deposit?
July 23, 2009 By Pohl & Short, P.A.
In today’s real estate marketplace, many purchasers are reconsidering their offers, deciding to terminate their contracts, and seeking a return of their escrow deposit. These situations not only require a determination concerning the rights of the parties to enforce the contract provisions, but also often result in disputes over who is entitled to receive the earnest money deposit. Consider the following examples.
Short Sales
July 23, 2009 By Pohl & Short, P.A.
Short sales reflect the current downturn in real estate valuations - they are real estate closings in which there are insufficient sales proceeds to pay off the outstanding liens and closing costs of the seller. They typically occur because the outstanding balance due on a mortgage is greater than the current market value of the property.
Fence Encroachments
July 23, 2009 By Pohl & Short, P.A.
As true as the expression “good fences make good neighbors” may be, fence encroachments can create significant friction between neighbors. Relocation of an encroaching fence, or a properly drawn fence line agreement can settle issues that may otherwise be unresolved for many years. In these situations, each neighbor should retain their own legal counsel to address the issues and available solutions.
Importance of Professional Associations' Merger under the Roof of Federation
July 23, 2009 By Kocali Law Office
At the point reached today it is realized that great and utmost efforts must be exercised for ensuring that Professional Associations should take much more effective role in the protection of property rights of Owners of the Works of Art and related Right Holders.
Common Homeowners’ and Business Liability Insurance Issues in Illinois
July 17, 2009 By Salvi & Maher, L.L.C.
A variety of injuries are covered by homeowners’ and business liability insurance. For instance, dog bites, slip and fall accidents, and or most any kind of general negligence is likely to be covered under a homeowner’s insurance policy. If negligent acts causing injury take place at a business, liability is likely to be covered under a business liability policy.
A Primer on Partition Actions in California
July 7, 2009 By Law Offices of H. Michael Soroy
Even given the recent collapse of real estate values in many areas, real property — a parcel of land, a new home, a condominium unit — still remains the most expensive asset most people will ever purchase.
California's Foreclosure Surge Leads to Stricter Regulations
July 7, 2009 By Law Offices of H. Michael Soroy
As the national foreclosure crisis continues to grow, the federal government and several states are taking corrective measures to diminish the fallout from predatory lenders and fraudulent subprime mortgage bankers. Several of these measures aim to make it easier for owners to retain their homes while they renegotiate their mortgages.
Premise Liability in Louisiana: a Fact-intensive Inquiry
June 18, 2009 By Richard Voorhies, Attorney at Law
This article deals with some of the legal issues, including standards of proof, surrounding cases involving premise liability under Louisiana law. The author's intention is to offer valuable insight to people who may have questions regarding their legal rights.
Registration of Title to Land in Ukraine
June 18, 2009 By International Law Offices
On March 5, 2009, the Law of Ukraine “On amending to some legislative acts certifying the title to land plot as well as the procedure of partition and consolidation of the land plots” was adopted.
The Pitfalls of Investing in Real Estate
June 6, 2009 By The Gierach Law Firm
So, you want to invest in real estate. . .
For a number of years, individuals have been looking for investments that would pay higher returns than bank deposits, stocks or mutual funds. All of those investments were paying small returns due to the Federal Reserve Bank having lowered the interest rates to spur the economy over the last several years.
Truth about Foreclosure Rescue
June 6, 2009 By Harrington Law Associates, PLLC
We have been in this housing crisis for a while now and the misconceptions have had a chance to proliferate. It is time for some straight talk, from a leading practitioner in the industry, which homeowners can rely on in making crucial decisions about their distressed properties.
Investigation when Hiring Contractors
June 6, 2009 By The Gierach Law Firm
Recently, there was an article in The Sun in which some Naperville residents claimed that the contractor ripped them off (October 19, 2005). What could these homeowners have done to protect themselves from a potentially unscrupulous contractor?
You Own the Business; Should you Own the Space?
June 6, 2009 By The Gierach Law Firm
Both individuals and businesses are faced with the choice of whether to lease or whether to purchase property. Many of the same considerations apply whether the property is an automobile, a personal residence or an office condo or building. These considerations need to be weighed by the individual or company to determine which is the right decision for you.
Plan Ahead when Selling your Business to Get the Best Price
June 6, 2009 By The Gierach Law Firm
Small business owners generally fail to plan ahead when they think they might have an interest in selling their business and consequently fail to achieve the best price. When a person sells a house, they normally redo the kitchen or bathrooms, change the carpet, or revamp the landscaping in order to achieve their top dollar for the eventual sale of the home.
Three Ways to Save your Heirs Thousands in Property Taxes
June 5, 2009 By Law Offices of John C. Martin
In California, Proposition 13 has revolutionized the property tax system. Parents can pass on a house to their children without any reassessment of property tax. However, one might lose the exception from reassessment if one fails to structure the transaction perfectly. In this article, attorney John Martin explores three ways that the exception from reassessment can be lost, and what to do about it.
Court Decisions Put New Wrinkles in Eminent Domain
June 5, 2009 By The Gierach Law Firm
Eminent domain is the law that allows the government to “condemn” your property and take it over for a public purpose. In the past, the public purpose was for a government center, a school, a road or something that would benefit the general public.
Hiring a Lawyer before Starting a Franchise could Save you down the Road
June 5, 2009 By The Gierach Law Firm
Many people come out of a corporate environment with a severance payment and look for a business that they can invest in.
New Life for Bankrupt Projects?
June 4, 2009 By Norris McLaughlin & Marcus, P.A.
Chapter 11 reorganizations may now be feasible for single asset real estate entities.
Keeping Vacation Homes in the Family
June 4, 2009 By The Gierach Law Firm
Now that autumn has officially arrived, many people have spent fond memories of visits with their family in a vacation property. Perhaps you own a vacation property in Michigan along the water or at Eagle Ridge in Galena on the golf course. Wherever the property is located, one important question is how to keep the vacation home in the family after you have passed on.
Problems with your Lender?
June 3, 2009 By The Gierach Law Firm
Working out your issues with your lender. It is a fair statement that no one could have predicted the direction of the economy and the havoc that the economy would play in the commercial real estate market. Investing in real estate seemed like the ideal investment at the time—several years ago.
Is Now the Right Time to Buy rather than Lease?
June 3, 2009 By The Gierach Law Firm
During this stressful time in the economy, many businesses have retrenched, making the decision to continue to rent their existing space. While this may sound like a good idea, especially if you have had to cut back staff as a result of the loss of some customers, is it the right decision in the long term?
The Maintenance Agreements under the New Law on the Condominium Ownership Management
May 29, 2009 By Valova & Angelova
From 1 May 2009 a new law on the condominium ownership management is in force. This law regulates the public relations, related to the management of the common areas of the condominium ownership, as well as the rights and duties of the owners in the block of apartments.
Buying Property in Cyprus
May 26, 2009 By Tsitsios & Associates LLC
This article is a practical guide to the process of buying property in Cyprus including information with regards to the legal formalities of the procedure.
Mortgage Foreclosure in France
May 14, 2009 By Fabien Cordiez French Solicitor and Attorney
Should you consider handing over your keys back to the bank?
Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona
May 14, 2009 By Law Offices of Donald W. Hudspeth, PC
In 1969 the Arizona Court of Appeals decided Thompson v Harris.1 Thompson the famous (or infamous) welding shop case, dramatically illustrates the traditional rule that a landlord has no duty to one tenant to correct the nuisance activities of another.
Preserving Business Value When Acquiring Real Property
May 12, 2009 By Leighton Legal Group LLC
This information is designed to provide a general overview with regard to the subject matter covered. The author and publisher and host are not providing legal, accounting, or specific advice to your situation. You should consult with the professional advisors of your choice for specific advice.
Property Law - The Land Titles Registration in Hong Kong
May 6, 2009 By Angela Wang & Co
Since 1844, land transactions in Hong Kong have been operating on a deeds registration system governed by the Land Registration Ordinance (Cap.128). Under this regime, a purchaser’s solicitor has to review historical title documents to establish good title to land, which process is very complex and costly.
Management and Maintenance Contracts for Investment Properties in Bulgaria
May 5, 2009 By Stefanova and Ivanova Law Firm
Reputable market researchers has described Bulgaria’s property market as one that has made a return for 2009 and more precisely the winter sports resorts that the country is becoming increasingly famous for.
Want Permanent Residency in the Bahamas? Invest in Bahamian Real Property
April 29, 2009 By Lex Justis
For those within the international community who have a keen interest in living in Bahama paradise without committing themselves to marrying a Bahamian citizen, an investment in Bahamian real property may provide you with accelerated consideration for permanent residency in The Bahamas.
Advantages to Investing in Real Estate in Panama
April 26, 2009 By Lombardi Aguilar & Garcia, Attorneys at Law
Foreigners will find that Panama has special regulations which favor investments in real estate and have the added advantage of bilateral investment treaties
Can Foreign Investors Purchase Land in Romania?
April 24, 2009 By Ion Florin Chivu Law Offices
Before the accession of Romania in the European Union there existed strict rules that prevented foreign investors, either legal or natural persons, to purchase land in Romania. After January 1st, 2007 when Romania joined the European Union these rules have been changed and as such presently foreign investors are allowed to purchase land in Romania under certain conditions.
Gated & Guarded Community - Malaysia
April 14, 2009 By Jayadeep Hari & Jamil
The contents of this article although not exhaustive will serve as a basic guide to any lay person in asking the right questions and to an extent, making the right decision when purchasing a property in a gated and guarded housing scheme.
Anti-Crisis Measure: Re-Negotiating Lease Agreements in Ukraine
April 9, 2009 By Frishberg & Partners
Only a year ago it seemed that prices on the real estate market in Ukraine would continue to skyrocket without end. Not surprisingly, one of the most profitable businesses involved landlords who rented their premises (residential or non-residential) to the highest paying tenants.
Real Estate Buyer Rights in Panama: Recent Developments
April 6, 2009 By Pardini & Associates
Today, Panama is one of the world's top retirement destinations as well as a world class tourist location. Many buyers acquired pre sale apartments in Panama City because of its skyline reminiscence of Manhattan or Singapore: the high rise buildings facing the ocean or rainforest and many other Panama highlights.
From Regulation to Self Regulation - Russia
April 1, 2009 By Lidings Law Firm
In July 2008, the State Duma passed the Federal Law No. 148-FZ “On Amendments to the Town Planning Code of the Russian Federation and Other Statutes of the Russian Federation” (“Statute”) which introduces substantial amendments to the construction business in Russia and delegates regulation over construction activity to self-regulating organizations.
Foreclosure Purchase, The Nightmare Around The Corner
March 23, 2009 By Law Offices of Egbase and Associates
Buying a property at an auction or foreclosure sale is often a sweet deal to an investor or buyer. However a series of nightmares could be generated afterwards if the chain of title at some point involved a fraudulent transfer.
You Own the Business, Should you Own the Space?
March 8, 2009 By The Gierach Law Firm
Both individuals and businesses are faced with the choice of whether to lease or whether to purchase property. Many of the same considerations apply whether the property is an automobile, a personal residence or an office condo or building. These considerations need to be weighed by the individual or company to determine which is the right decision for you.
Investigation and Self-Protection Prudent when Hiring Contractors
March 8, 2009 By The Gierach Law Firm
Recently, there was an article in The Sun in which some Naperville residents claimed that the contractor ripped them off (October 19, 2005). What could these homeowners have done to protect themselves from a potentially unscrupulous contractor?
The Pitfalls of Investing in Real Estate
March 8, 2009 By The Gierach Law Firm
For a number of years, individuals have been looking for investments that would pay
higher returns than bank deposits, stocks or mutual funds. All of those investments were
paying small returns due to the Federal Reserve Bank having lowered the interest rates to
spur the economy over the last several years. Many people invested in real estate on the
expectation of significant appreciation by "flipping" the property.
California RESPA Law and the California Real Estate Settlement Procedures Act Prohibition Against Kickbacks And Fee Splitting
February 21, 2009 By Law Firm of Attorney R. Sebastian Gibson
RESPA, the California Real Estate Settlement Procedures Act has been amended and the changes take effect January 1, 2010. However, as this California RESPA Attorney explains, the key provisions of Section 8 of RESPA prohibiting kickbacks and fee splitting. strongly prohibit such violations of RESPA and are punishable by fines and imprisonment, and in civil court a defendant can be subject to treble damages and significant attorney fees.
Dividing Real Estate in Divorce - What Happens to the House?
February 19, 2009 By Maury D. Beaulier, Attorney at Law
The marital residence is an important part of the assets in a divorce. How that asset is divided can significantly impact the financial health of the parties in a post-divorce world. Review this article on dividing real estate in divorce.
Minnesota Eviction and Collection Law for Landlords
January 14, 2009 By Vincent P. Martin, Esq.
Evicting tenants and collecting unpaid rent in Minnesota.
Advice on enforcement of a UK Court Judgment in France
January 8, 2009 By Fabien Cordiez French Solicitor and Attorney
Which assets are capable of being taken by execution in France on an English judgment?
Property Law - New Definition of Saleable Area in Hong Kong
January 5, 2009 By Angela Wang & Co
Home-buyers in Hong Kong have for the longest time been short changed in the actual living space of apartments they bought, as common areas of housing development here until recently have been included in the calculation of the size of apartments for sale.
Real Estate Law in Costa Rica
December 28, 2008 By Harrington Law Associates, PLLC
Overview of real estate law in Costa Rica
Florida Foreclosures & Short Sales
December 28, 2008 By Harrington Law Associates, PLLC
Overview of considerations affecting the distressed homeowner. Most concepts discussed are of general application, but the article is written by a Florida attorney and may have specific references to Florida law.
Florida Foreclosure Fraud Protection Law Enacted - Homeowners Provided Protection against Mortgage Loan Modification Firms
December 19, 2008 By The Neustein Law Group, P.A.
On October 1, 2008, the Florida legislature enacted the Florida Foreclosure Fraud Protection Act. This new law protects homeowners from many of the foreclosure rescue scams, unlicensed loan modification companies, and other questionable companies that are targeting people in foreclosure.
California Loan Modification Scams & Foreclosure Consultant Frauds - Regulations Followed by the CA Department of Real Estate
December 12, 2008 By Law Firm of Attorney R. Sebastian Gibson
This article looks at the loan modification and foreclosure consultant statutory regulations that apply in this heavily regulated field from the viewpoint of a what a California real estate fraud attorney looks for and what a Realtor must do to avoid lawsuits. The writer also discusses the damages that can be obtained in California by lawyers for unwitting victims of unscrupulous loan modification and foreclosure consultants and against real estate agents who fail to follow these regulations.
Last Changes in Hungarian Leasing Law
December 11, 2008 By Hahn Law Firm
The latest amendment of the Housing Act was passed by the Parliament (by Act No. CXXXII. Of 2005) on 14 November, 2005. The overwhelming majority of these amendments became effective on 31 March, 2006.
How to Avoid Foreclosure with this Little Known Legal Loophole
December 10, 2008 By Friedman & Ranzenhofer, P.C.
If you're a homeowner and are being threatened with foreclosure, here's a way you can perhaps avoid it. This loophole might be your way out of foreclosure.
Purchasing Real Estate in Israel
December 10, 2008 By Moshe Kahn Advocates
The development of the law of real property in Israel has been closely linked to the historical development of the country and the political changes that have occurred over the years.
The Credit Crunch and Increasing Disputes
December 4, 2008 By Angela Wang & Co
The casualties of the sub-prime crisis have so far been confined to financial institutions and investor confidence is at an all time low despite unprecedented measures by central banks around the world injecting hefty funds to shore up financial institutions and large corporations except for Lehman Brothers. In recent weeks, the Hang Seng index fell to a level not seen since the SARS crisis and a malicious SMS was enough to spark a run by depositors on a major bank in Hong Kong.
8 Simple Mistakes That Landlords Must Avoid
December 1, 2008 By Friedman & Ranzenhofer, P.C.
If you own property, follow these tips....and avoid spending time in court.
Snagging your Off-plan Property in France
November 28, 2008 By Fabien Cordiez French Solicitor and Attorney
This article provides helpful advice on what French off-plan property purchasers should do if they face snagging problems on handing over the keys.
Can I Really Stop Foreclosure?
November 7, 2008 By The Neustein Law Group, P.A.
Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage.
Homestead Protection in Florida
October 28, 2008 By The Law Offices of Michael D. Stewart
The Florida Constitution provides for Homestead protection, providing for a number of protections for the person/people who claim the property as their principal residence.
What Makes A Real Estate Lease Legal in California?
October 25, 2008 By Law Firm of Attorney R. Sebastian Gibson
The author of this article looks at the legal requirements that make leases legal or invalid, including the statute of frauds. The writer also focuses on some of the key terms of leases including security deposits, and late charges. As one who is familiar with the real estate industry in California, the author recommends that commercial lessees retain legal counsels who are also California Realtors so they obtain advice from someone familiar with both the legal and practical aspects of leases.
The Looming California Rental Crisis - Coming to a Town near You
October 24, 2008 By Law Firm of Attorney R. Sebastian Gibson
This article uncovers the next real estate crisis, a shortage of affordable rental properties. As someone familiar with the real estate market in the Coachella Valley of California, the author examines this area of California in particular and uncovers what could be a silver lining soon for the construction industry especially in light of the decline in new construction. While real estate agents are also suffering, and brokerage houses are closing, the rental industry may be ready for a boom.
The State of the Construction and Building Industry in California - More Problems on the Horizon
October 24, 2008 By Law Firm of Attorney R. Sebastian Gibson
The author of this article discusses some possible new problems the construction industry may face in the current economic crisis. As one familiar with real estate and construction issues in California, the author discusses constractor lending problems, construction defect and lender lawsuits and looks at what could be an even more perfect storm heading for the construction industry in California.
The Looming Crisis Facing Homeowner Associations in California
October 24, 2008 By Law Firm of Attorney R. Sebastian Gibson
The author of this article discusses the looming crisis facing homeowner associations in California. He examines how the real estate crisis and high foreclosure rate will affect homeowner associations forcing them to cut back on services, delay or eliminate projects and levy special assessments.
The Real Estate Crisis in California and Lawsuits in the Wake of the Credit Crunch
October 24, 2008 By Law Firm of Attorney R. Sebastian Gibson
The author of this article discusses some possible new problems the real estate market may face in California as the economic crisis and credit crisis grows. The article also focuses on some new construction law problems in California related to the credit crisis and the relates the type of calls attorneys are now getting from the public in fear of losing their homes.
Real Estate Contracts in California - The Law, What Makes them Legal, and Damages in the Event of their Breach
October 19, 2008 By Law Firm of Attorney R. Sebastian Gibson
A look at the legal requirements that make real estate contracts legal or invalid and the damages that can be awarded for breach of a real estate contract in California.
The Different Types of Arbitrations Available to Settle Personal Injury, Business, Real Estate, Construction and Civil Litigation in California
October 18, 2008 By Law Firm of Attorney R. Sebastian Gibson
A discussion of the different types of arbitrations available in California and why none of them compare to mediations. This article also warns that when arbitrations are binding, there is little opportunity to have the award corrected or reviewed.
Conveyancing in France - Introductory guide
October 17, 2008 By Fabien Cordiez French Solicitor and Attorney
This introduction guide offers an outline of some legal implications of buying or disposing of residential property in France. It also identifies some of the main pitfalls to avoid.
Buying or Selling French Property? - How to Choose the Right Legal Adviser
October 17, 2008 By Fabien Cordiez French Solicitor and Attorney
Buying a property in any country requires the specialist legal assistance of highly-trained, qualified lawyers suitably experienced in such matters. In most common law countries, both vendor and acquirer instruct their own legal professional to act in their interests, yet many French property purchasers fail to insist on having their own adviser. It is not just permitted to have your own legal advisor, it is highly recommended.
An Indian Law, Tribal Law and Native American Law Overview
October 12, 2008 By Law Firm of Attorney R. Sebastian Gibson
This article provides an overview of Indian Tribal Law. The author describes the makeup of Tribal Law and the Tribal Court System in place with most Tribes and explains how Tribal Sovereignty acts as a shield against state law intrusion.
Private Ownership in Land for Foreigners - Ukraine
July 29, 2008 By InJurConsulting, LLC
In accordance with the Land Code of Ukraine, land legal relations are public relations governing the use and disposal of land in Ukraine. This article briefly explains legal regulations in this regard.
Is Florida any closer to finding a solution to its property insurance problems?
July 9, 2008 By Colodny, Fass, Talenfeld, Karlinksy & Abate
Florida insurance reform: One year after a massive legislative overhaul, is Florida any closer to finding a solution to its property insurance problems? This article briefly summarizes the major legislative, regulatory, and market developments in Florida’s property insurance industry over the past three years.
The Law Relating to Defects - Ukraine
May 28, 2008 By Jurvneshservice
A lot of constructions projects are realized now in Ukraine. Correspondingly disputes as to construction defects arise or may arise after putting the buildings into operation. The law stipulates different remedies for developers and subsequent purchasers to rectify the defects.
Court of Appeals Rules in Favor of Real Estate Investors - Panama
May 20, 2008 By Pardini & Associates
According to the Third Court of Appeals decision dated November 27, 2007, all property purchase and sale agreements must follow new rules in regards of the conditions agreed between developers and buyers, affecting all new property sellers and buyers from what is called Abusive Conditions.
Under-Declaring the Value of your Real Estate in Thailand
April 1, 2008 By Siam Legal International
After spending all that time on researching your holiday home or retirement property purchase in the Land of Smiles, Thailand and with the stress of property negotiations and many a restless night, the end is within reach. All that needs to be done now is the transfer of property to your name at the Thai Provincial Land office.
Real Estate in Ukraine: Frequently Asked Legal Questions
March 17, 2008 By International Law Offices
What are the main laws regulating real estate in Ukraine? What are legal restrictions on ownership of real estate by non-residents? Which parties are involved in a real estate transaction in Ukraine? These are the most frequently asked questions before investing in real estate in Ukraine.
Enlargement of the Information Regime before the Argentine Tax Authorities on Real Estate Transactions
February 29, 2008 By Canosa Abogados
On December 21st, 2007, the Official Gazette, published General Resolution No 2,371 (the “Resolution”) of the Tax Authorities that provides that the seller of a property when negotiating, offering for sale or transferring (a) a property in Argentina, or (b) rights over a property to be built, shall inform the Tax Authorities, if the fiscal value of the property to be transferred, is equal or above AR$300,000 (three hundred thousand Argentinean pesos).
The Inheritance Tax in Greece May Be Completely Abolished!
January 24, 2008 By Christos Iliopoulos Law Offices
It seems that the Greek governments of the last years have realized that it is in the interest of the Greek people and of the state that many foreign residents of Greek origin or even foreign people who happen to have business or real estate interests in Greece claim their inheritance shares over Greek properties.
Property Development and Escrow Law in Dubai
January 13, 2008 By Equilibrium Legal Consultants
Property development is one of the most lucrative businesses in UAE. Due to the influx of foreigners, demand for real estate properties is ever increasing. The UAE government has introduced new rules for developers, in order to secure the investors purchasing properties in UAE. All Developers are now required to be registered with the Dubai Lands Department, subsequent to which, escrow or trust accounts are required to be established with authorized banks of UAE.
Management, Maintenance and Rent of Bulgarian Properties
January 11, 2008 By Valova & Angelova
NYD Law - We are a team of professionals with extensive experience in various areas of the civil law including Property, Commercial and Intellectual Property law. Our clients are individuals and companies from all over Europe and enjoy excellent professional service.
Mortgages in Bulgaria – Specific Issues
January 11, 2008 By Valova & Angelova
The mortgage is generally interest in land given to a creditor by the owners of a property as a guarantee for a loan.
Immovable Property in the Kyrgyz Republic
November 28, 2007 By Kalikova & Associates
Legislation on Immovable Property
How Can Local Contractors Keep From Getting “Burned” by the San Diego Wildfires?
November 20, 2007 By Scholefield Associates PC
San Diego, Calif., October 24, San Diego based construction law firm, Scholefield Associates, P.C. has created a list of 10 “do’s and don’t’s” to help contractors survive the post-wildfire rebuilding process.
Relevant Taxes and Fees When Buying a Property in Bulgaria
October 9, 2007 By Valova & Angelova
Buying and owning a property in Bulgaria is associated with paying relevant taxes just like when buying a property in the UK or any other country.
Buying Property in Cyprus
October 7, 2007 By Harris Kyriakides LLC
In recent years, Cyprus has become a popular place for the acquisition of holiday houses. This increase in demand is attributed to many factors: Cyprus' inherent beauties and attractive climate, low cost of living, hospitality of local population, low tax jurisdiction. Property booming had a particular effect at seaside locations, such as Ayia Napa, Protaras, Paphos, Limassol and Larnaca.
Buying Real Estate in the Dominican Republic
October 2, 2007 By Guzmán Ariza
Real estate transactions in the Dominican Republic are governed by Property Registry Law No. 108-05 and its Regulations, in force since April 4, 2007. Ownership of property is documented by Certificates of Title issued by Title Registry Offices.
Renting in Cambodia
September 20, 2007 By BNG Legal
If you plan on staying in Cambodia for more than a few months, you will probably want to rent a place to call your own. This is particularly true for foreigners, who cannot easily own land.




