Real Estate Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.
When a person hires someone else to provide goods or services to him or her, the terms of the contract dictate when the work is to be performed or the goods to be provided. However, situations can occur in which the contractor is not providing timely delivery, and the customer may pursue legal action to enforce his or her rights.
A practical look at a complication non-resident foreigners married to Thais may face when purchasing a condominium in Thailand.
Former homeowners who have been foreclosed on have to go through an entire year of loss after loss. First, they lose their home and have to relocate. Next, they have to figure out how to re-establish credit because they have lost their once good credit rating. Then, as homeowners attempt to put this behind them, they go to the mailbox and receive a 1099. A 1099A or 1099C is issued by the creditor for the abandonment or cancellation of debt.
Real estate investors are prevalent in the California real estate market, and they have driven the values for the past few years. What, then, should California real estate investors look out for when purchasing real property as an investment?
Limited liability companies (“LLCs”) are the entity of choice for most transactions involving the purchase and/or development of real estate. There are many situations in which another entity may be used, as, for instance, when a company owns various assets, only one of which is real estate. Still, LLCs predominate.
Lawsuits against real estate agents may be based on a number of different claims. Such claims may include allegations of misrepresentation, negligence, lack of disclosure, secret profits, conflict of interest, etc. As such, it’s important for both the real estate agent and the client to understand what the law expects of real estate agents.
When making a real estate purchase — whether it’s home or an office building — many people don’t give much thought to how the property should be titled. But if you want to pass the property on to a spouse or others some day, how you title it has an important role in how it is passed on.
The title search report is considered one of the most important documents to be obtained by the buyer prior to buying a property as it provides essential information on the legal status of the purchased property be it a piece of land, a factory, residential building or a commercial office space.
Foreclosure is a scary, cumbersome process that often renders homeowners desperate for help, and all too often they call upon unqualified, or unethical, self-proclaimed foreclosure defense attorneys or advocates.
What happens when a construction company or a contractor put's a lien on your property for unpaid services? What if the lien is invalid? Do you have any recourse?
Recently foreclosure defense attorneys have argued that FL Stat. 559.715 is a condition precedent to foreclosure and a defense to foreclosure. Recently the 2nd DCA finally rules on the issue and held otherwise.
The right of superficies is found in Sections 1410 to 1416 of the Civil and Commercial Code. It is a right in land granted by the owner to the holder of the right, called the superficiary, in order to own structures built upon or under the land.
It is common for a contractor in one state to participate on a project in another state. Unfortunately, each state has its own rules and regulations for letting out-of-state contractors work within its borders. For those contractors and subcontractors who are bidding on or working on Georgia projects, there are registration requirements with the Georgia Department of Revenue. This article provides useful information to construction professionals seeking working in Georgia.
Florida real estate has always been attractive to foreign buyers, even before the housing crash that depressed prices for both residential and commercial real estate and made foreign investment in Florida real estate a bargain for many buyers.
Forming a limited liability company (LLC) for real estate investments has been a common practice in Florida for more than 30 years because an LLC can help investors protect their personal assets from any liabilities associated with their real estate investments.
Protection of owners rights is important for every country. In Ukraine, there are not a lot of effective methods how to keep your rights. Often using realtors services we think and assume that our rights are defended. But as usual, it not so. Who are realtors in Ukraine? Are they responsible?
Buying real estate property in Spain is not really different from buying in other European countries. In this article we will explain the basic steps to be taken in the purchase process.
The usufruct is a “real right” or interest in property that originates in Roman law and generally grants one person beneficial rights in the property of another for a certain period of time.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
Real estate agents occupy a position of trust. Quite often, they are involved in transactions that represent the largest monetary value that their clients have ever encountered. As such, real estate agents may be subject to a number of legal claims.
The nature of the relationship between a California general contractor and a subcontractor is legally quite complex. The general contractor awards a sub-contract based upon a bid, or extensive experience with a particular subcontractor. It is not unusual for work to begin on a jobsite under a subcontract prior to any physical agreement being drafted or signed.
A trust is a mechanism in which one person can transfer ownership of certain properties during his or her life of after death. A trust is subject to the provisions an instructions in the trust document. However, some trust are formed based on the conduct of the parties and their intentions as opposed to the official wording of a trust document. Constructive trust are formed as a remedy to prevent unfair results.
A Florida Enhanced Life Estate Deed — also known as the “Lady Bird Deed” because President Lyndon Johnson used one to pass property to his wife, Lady Bird Johnson – is an estate planning instrument that allows a property owner to maintain control of his or her real property and avoid probate when it is time to pass the property on to heirs.
Enacted 52 years ago, the Florida Marketable Record Title Act (“MRTA”) is a statute many homeowners associations remain blissfully unaware of — usually to their detriment.
A tenant’s basic duty is to pay rent in a timely manner and to maintain the property up to a certain standard. Landlords also have certain duties. These duties may exist under contract provisions and/or under state and local laws.
There are many situations in which your property may be in the possession of another person. You may have visited someone overnight and left something behind. You may have broken up with a paramour. You may have been kicked out of the property by a roommate.
Real estate market in the Democratic Republic of Congo [DRC] is vast, especially for urban centres, like Kinshasa, Lubumbashi, Kisangani, Goma, Kolwezi, Bukavu, Matadi, etc.
In most cases, a person is not legally required to hire a real estate lawyer before purchasing real property. However, real estate lawyers perform a variety of tasks that can help make the home buying process less complicated and that can tend to the buyer’s rights.
Evicting a Tenant in Thailand is not a simple matter. Leases are generally treated as a contract. There are procedures that need to be followed to terminate the contract.
When a person has more belongings than he or she can comfortably store in a home, he or she may take extra belongings to an off-site storage company. The circumstances about which the storage company can remove belongings are based on state law and the specific contract.
Many have fallen prey to the allure of a timeshare. The prices sound unbeatable, the amenities look amazing, and the idea of owning a piece of vacation paradise may seem too good to resist. Unfortunately, after buying a timeshare, reality sets in and many people find themselves wanting out of the agreement.
Construction law in California can be quite complex, and it is important to understand the best strategies for resolving disputes with contractors.
More and more non-resident foreign nationals, attracted by the good economic climate, decide to buy a property in Spain. The drop in real estate prices has increased the number of investors.
4 Things Self-Managing Owners with Hawaii Vacation Rental Properties Should Do to Comply with New Law
Hawaii amended its Transient Accommodations Tax Law in July 2015. Effective January 1, 2016, vacation rental properties in Hawaii are subject to new requirements. Here are four things owner-operators should do to be prepared for the new law.
Homeowners associations are common in many areas and various types of development. The homeowners association, or “HOA,” is the governing body of the subdivision or complex. However, there are times when individual or multiple homeowners have a legal dispute with the HOA. Several options may be available to help resolve such disputes.
When purchasing real estate, many people look to their views to determine if they want to purchase the property. Better views often translate to more valuable pieces of property. However, in some cases, a neighbor may be able to block a view or otherwise exercise his or her own legal rights in order to build something on his or her property that may interfere with the other property owners’ privileges.
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected. When this happens, what can you do to get your pesky house guest to leave? Does the law offer any solutions?
On August 1, 2015, the new Civil and Commercial Code (hereinafter the “new Code”) will enter into force in Argentina. Chapter 4 of this new Code governs property law, maintaining most of the provisions set forth in the previous Civil Code, and also introducing new provisions.
Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject.
Due to Turkey’s rapidly financial growth and increasing population, real estate market has been developing for last five years.
A country shall have regular human settlements and certain bordered zones, in order to provide a healthy environment and create feasible investment areas. For the purposes of meeting with the needs of the number of population in a rapid way, lands of the country should be planned and developed within the frame of specified master projects.
No doubt the global economic recession and crisis have affected the European and US real estate markets. On the other hand, the real estate markets in emerging markets like Turkey are still promising despite the global crisis. In last decade, international real estate market has significantly developed in Turkey. Accordingly, the interest of local and foreign investors in the real estate market progressively increased every year.
Question: I got evicted from my place without any notice. They threw away all my things – including my furniture and children’s items - without notice. I was locked up for about a month and a half. But I did not owe them any money.
Landlord/tenant law is extremely geographic-specific. Both state and city laws affect the legal rights and responsibilities of landlords and tenants. Many states have laws that favor landlords, while a few are more concerned with protecting the tenants’ rights. In order to legally evict a tenant, the landlord must usually follow a very specific legal procedure.
Egypt in its accelerated movement towards economic reform has been emphasizing the importance of real estate development projects and large scale projects in order to restore the market and economy after its decline post Revolution of 2011.
Under current Florida law, there is a trap that can result in the expiration of the covenants for the community. Under the Marketable Record Title Act, Chapter 712 of Florida Statutes (“MRTA”), residential homeowners’ associations are required to preserve the integrity of the declaration for the entire community to retain the status of the declaration as the source of marketable title with regard to the transfer of a member’s residence.
Some significant amendments for real-estate acquisitions by foreigners introduced by a new Law. The most notable amendment in the Law is abolishment of the reciprocity clause. As a result, a foreigner may acquire a real-estate in Turkey even if a Turkish citizen may not acquire a real-estate in the foreigner’s home country.
As a result of the illegal annexation of the Crimea by the Russian Federation, many owners of the property and assets in the Crimea have gotten quite difficult issue: how to protect and save these assets?
California places heavy legal responsibilities on the seller in a real estate transaction to provide “meaningful disclosures” about the property they are attempting to sell. The failure to disclose known defects or issues that affect the “value or desirability” of the property can result in substantial liability to seller and their agent(s), and often result in litigation. It is not appropriate for a seller to simply list a property “as-is.”
An introduction to the different types of property easements, how to determine their location on a parcel of land, and what is required of the property owner.
By LPA Law Firm
In accordance with law no. 33/2012 “On the Registration of Immovable Property” immovable property should be registered in the immovable property register. This register is open to the public and is administrated by local Immovable Property Registration Offices. The local Immovable Property Registration Offices report to the Immovable Property Registration Office which is governed by a Board of Directors and the Chief Registrar.
A property investor in Dubai may withhold payment of due installments whilst the developer is in breach of his contractual obligations.
Joint tenancy is one type of concurrent ownership in which two or more individuals own the property simultaneously. Joint tenancy provides a number of benefits to co-owners. However, it also poses certain risks.
Tenancy in common is one form of concurrent ownership in which multiple people own the same piece of property. It contains several unique characteristics and important differences from other types of concurrent ownership. Additionally, severing ownership of the property is different for each type of concurrent ownership.
Dubai Court ordered developer to compensate buyer for the shortfall in the size of the sold property and all its supplemented areas.
It is indeed important to modify the previous regulation since there were some situations in which the properties were sold by amounts not according to the reality granting an unfair profit to those people, and on top of that tax benefits that are intended to the lower classes.
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
The Chinese real estate boom in Australia will only be accelerating. It is predicted that an additional $70 billion demand for real estate from Chinese HNWI investors and immigrants over the next five years to 2020. It is an inevitable trend since China is undergoing its unprecedentedly greatest wealth creation, and Australia is on China’s doorstep.
Real estate in Egypt is considered one of the main industries that have a significant effect on the gross domestic product and according to the world folio the growth rate of real estate sector in Egypt accounted 8 % in the 2013 GDP also, this sector absorbed about 14.9 % of the employment.
When renting an apartment or other home, you can be at the mercy of your landlord in many ways. Problems like leaks, mold, malfunctioning appliances, and other issues can make your home feel more like a prison. So, what can you do when your landlord fails or refuses to fix serious maintenance issues in your rental property?
People frequently question in they have the right to their own conveyancing solicitor. Of course you are, you’re about to make the largest financial transaction of your life.
By Jaburg Wilk
There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite the fact that there are CC&R’s.
The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?
In the event you as a business owner or homeowner or even a residential tenant are forced to move due to a government buyout, you are eligible for relocation expenses.
In certain circumstances, California Civil Code Section 1942 allows a tenant or lessee to move out of a rented property without prior notice when the property is uninhabitable. A rented property must be fit for humans to live in. When it is so unhealthy as to be a danger to the renter, the renter has the right to leave the premises even when there is a lease. However, there are steps to take before doing so in order to support your claim that the property is uninhabitable.
Many homeowners eventually find themselves in the position of wanting to rent their property. Unfortunately, home ownership does not come with a legal manual full of all the necessary forms to set up a lease arrangement.
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these broadcasts, one needs to install a satellite dish on the outside of a building, and this can lead to disputes. Thus, many ask “can anyone stop me from putting up a satellite dish?”
Anyone who has had a disagreement with a landlord has probably wondered if they could withhold rent until the issue was resolved. To the surprise of many, there are actually circumstances under which a tenant can lawfully withhold rent and not have to worry about getting evicted. So what are those circumstances?
The American economy has changed quite a bit over the last few decades. One of the biggest changes over the last 100 years has been a shift away from small, family owned stores to the “big box” megastore.
A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale – leading to a substantial damages award.
What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.
Noisy dogs are a common legal dispute. After all, while pet owners may feel annoyance at a dog that barks at every little noise, a neighbor has absolutely no control over training the dog not to respond in this manner. Thus, as the neighbor, what can you do legally to get the pet owner to quiet his noisy animal?
The expropriation procedure in Turkish law is conducted in accordance with Article 46 of the Constitution and Law No.2942 on Expropriation. In exceptional cases where there is a danger of disruption in public services, the method of immediate expropriation stipulated in Article 27 is employed.
Although you may be familiar with the words “Power of Attorney” you may not have a full understanding of the concept. In order to shed some more light on the subject, some basic facts about Power of Attorney are explained in this article
The Moscow Government provides landowners an opportunity to pay for the permitted use in installments.
Investing to the real estate market is very profitable in Ukraine. There are a lot of foreign companies which provide their activity in Ukraine with one purpose – to buy and rent the real estate. Ukrainian state bodies designed very good legal remedies for property and owners too. But now we still have a lot of legal gaps.
Every country has its own legislation regarding acquisition of real estate by foreign individuals within the scope of its own political, economical and social requirements. Acquisition of real property by foreign real persons in Turkey is restricted by laws as well. The main purpose of this brief article is to explore the legal restrictions of purchasing real estate in Turkey by foreign individuals.
With the world becoming more and more litigious, we all fear we might be sued over everyday actions or minor mistakes. In our market, homeowners are often trying to find a scapegoat for their financial responsibilities. Without following proper procedure, that scapegoat may be your HOA.
Law No. 20 of 2011 on Condominium (“Condominium Law“) requires a developer to separate the condominium with condominium unit, common equipment, common facility, and common land, when the developer constructs a condominium.
Right and obligation of property brokerage company is stipulated under the Minister of Trade Regulation Number 33/M-DAG/PER/8/2008 on Property Brokerage Company (“Permendag No. 33/M-DAG/PER/ 8/2008“). Property brokerage company is the entity that operates as a sale and purchase broker, lease broker, research and assessment, marketing, as well as consultancy and information dissemination relating to a property based on employer’s or client’s instruction under a written agreement (“Company”).
If a private person or a legal corporation wants to purchase a property at the beaches of Costa Rica, whether it is to build a house, hotel, resort or business, first it should be informed about the requirements to obtain a concession in the maritime zone. To have a concession means that the person doesn’t acquire the property, but obtains a permit for using it, that allows the exploitation and enjoyment of the land, according to the parameters established by the local regulatory plan.
Due to the financial crisis in the US in 2008, Costa Rica was seriously affected in the real estate field, because most of the people that were buying properties, mainly in the Pacific and Caribbean area, were coming from the U.S.A. and some other foreign countries. However, since 2012 Costa Rica has been experiencing a new growth in real estate.
According to RealtyTrac, there were 16,700 zombie foreclosures in New York in 2014. That number has since risen by 54 percent. These homes are often the houses that bring a neighborhood's value down; the houses with unkempt lawns and boarded-up windows that are easy to ignore and forget.
On Thursday, January 1st, 2015, the updated Manual de Valores Base Unitario por Tipología Constructiva (MVBUTC in Spanish) took effect, which helps to establish the tax value of real estate properties that cost ¢121 million or more, including luxury houses, and that must pay the Solidarity Tax to the Strengthen of Housing Programs (Law 8683).
To receive a highly professional legal advice based on experience in Real Estate will be vital to make sure that the land you want to purchase for starting a real estate project (horizontal or vertical condominiums, houses, gated communities or commercial) is ideal and doesn’t have any kind of building restrictions.
Nowadays, land property is one of the most profitable objects of investment in Ukraine. Both Ukrainian and foreign investors show their interest in this sphere.
Federal Law No.46-FZ “On amending the Administrative Offences Code of the Russian Federation,” increasing the administrative liability for unlawful use of land parcels (the “Federal Law”) was adopted on March 08, 2015, namely:
You have just found the perfect spot. It is right where you need it, the rent is just right, and you love the floorplan. Things seem great until one day you come home to find the landlord or one of the maintenance people in your home without your permission.
It is late at night, you have to work in the morning, but all you can hear is the thumping of your neighbor's stereo next door. You have asked them to turn it down before, but they do not seem to get it and the racket continues. Now, it is time to take things to the next level. So, what can you do about a noisy neighbor?
One of the main issues a Florida couple will have to deal with during a divorce is what to do with their home.
Moving out of a rented property can be an exciting time. The thoughts of a new home or office and all that it has in store may be what dominates your thoughts. But, it can also be a stressful time, as well. This is particularly true when you are counting on getting your deposit back only to discover that your former landlord is trying to keep it or even charge you additional fees on top of it. If you believe these charges are unjust, what can you do to fight it?
The basics of buying freehold property in Abu Dhabi are the same as anywhere else in the United Arab Emirates. However, unlike Dubai, Abu Dhabi does not till date have specific laws/regulations regulating sale and purchase of real estate by foreigners (i.e. off plan sale, real estate brokers and agents, escrow accounts, jointly owned property (Strata Law), etc). Such being the case one needs to be even more careful and exercise greater due diligence while purchasing property in Abu Dhabi.
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.
The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.
If you are facing foreclosure, don't give up hope just yet. There are ways you can work to keep your home. Before signing away your deed or allowing the bank to foreclose on your house, contact an experienced foreclosure attorney to discuss the options that are available to you. Depending on your circumstances, keeping your home can be fairly simple or require a more complicated strategy.
Georgia's Right to Repair Act allocates specifics obligations, duties and rights to homeowners and home builders. And this article helps explain the process in an effort to avoid construction litigation.
Purchasing a home, especially for the first time, can be a very scary but wonderful experience. Below you will find information that is sure to answer many of your questions regarding the purchase of your first house or apartment!
Deciding on the purchase of real estate and its further lease in Ukraine, any foreigner / should consider the order of actions according to all legal requirements of current Ukrainian legislation. It is necessary to advise in order to care about and secure his/her future financial safety as well as prospective investments towards further monetary growth.
The majority of construction contracts include a provisions referred to as the "No Damages For Delay" clause; a well-drafted clause can limit a party's exposure to damages in the event of a delay on the project's schedule. Despite these provisions, there are exceptions to their enforceability.