Real Estate Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate.

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Taxation Aspect of Property Sale and Purchase - Indonesia

  September 1, 2012     By Leks&Co
Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not only need an agreement between seller and buyer, but there are things that shall be performed by both parties as one of the obligations to State. The relevant obligation is payment of a tax in acquisition of property that should be performed by buyer and seller.

Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

  September 1, 2012     By Leks&Co
Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent circumstance after hearing the Minister of Agrarian Affairs, Minister of Justice and the related Minister may revoke the rights of land and/or objects over the land.

Bankruptcy vs. Loss Mitigation

  August 22, 2012     By The Neustein Law Group, P.A.
There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure attorney explains. When you are facing foreclosure, you may consider alternative measures such as bankruptcy or loss mitigation. It is important to understand the differences in evaluating which option might be best for you.

Top Tips About Binding Arbitration Clauses

  August 20, 2012     By Jaburg Wilk
The traditional method to handle a contract dispute has been to use the court system which has a long process and can be very expensive. Another alternative is binding arbitration which uses an outside third-party known as an arbitrator to hear, consider and decide the dispute. When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute.

Leases for Medical Offices

  August 8, 2012     By Matt Dickstein, Business Attorney
Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this article, I discuss some advanced lease provisions that medical practices frequently need. For a basic explanation of commercial leases, refer to my article Understanding Commercial Leases.

How Do You Join a Class Action Lawsuit in Canada?

  July 30, 2012     By Siskinds The Law Firm
A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced. In general, you don’t have to “join” a class action lawsuit to participate.

Compensating for Lost Property in the Turkish Republic of Northern Cyprus (TRNC)

  July 26, 2012     By Michael Chambers & Co. LLC
The aftermath of the 1974 occupation by Turkey of the northern part of Cyprus and subsequent division of the island is still keenly felt by citizens of both the Republic of Cyprus in the south and the Turkish Republic of Northern Cyprus (TRNC) in the North.

Check List for Acquiring Landed Property in Ghana

  July 22, 2012     By AB Lexmall & Associates
The number of land disputes pending at various courts in Ghana bears testimony to the problems surrounding land acquisitions. One false step in the acquisition process has the potential to lock the buyer in an expensive and never ending litigation in Court. This article provides some practical steps a potential purchaser can follow to reduce the risk of litigation

Do I Need a Real Estate Lawyer in Seattle to Build a New Home?

  July 20, 2012     By DC Law Group
It has become widely accepted that it is important to have a real estate lawyer Seattle when you are buying an existing home. After all, you will need a real estate lawyer Seattle to help you to negotiate a purchase and sales agreement with the seller and to make sure the agreement contains the appropriate protective clauses.

Renter’s Have Rights

  July 19, 2012     By Ankin Law Office, LLC
Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving into a new apartment? The relationship between a landlord and renter is based on trust and respect. Yet many people feel that their landlord took too long to fix something in their unit or that they have been scammed out of their security deposit at the end of the lease.

The Breaking, Separation, and Merging of Land - Indonesia

  July 13, 2012     By Leks&Co
Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land Registration (“GR No. 24/1997“) and the Agrarian State Minister Regulation/Head of National Land Agency Number 3 of 1997 on the Implementation of Government Regulation Number 24 of 1997 on Land Registration (“Agrarian State Minister Regulation No. 3/1997“).

Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

  July 13, 2012     By Leks&Co
Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides various kinds of service to the public. One of its services is related with building development licenses. Along with the times, the Indonesia Government has set out regulation on Building, namely Law Number 28 of 2002 on Building ("Law No. 28/2002").

Doing Business in the Dominican Republic

  July 5, 2012     By Mesa & Mesa Law Firm
Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the government system as being democratic, republican and presidential. It also provides that the exercise of power is divided among three independent branches: executive, legislative and judicial.

Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

  July 5, 2012     By Leks&Co
Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right to Build is right to establish and to have buildings over land that is not his own, with a maximum period of 30 years.”

Know Your Forms - A Step by Step Guide to the HUD-1

  June 28, 2012     By The Burger Law Firm
The HUD-1. With every refinance transaction you will need to review and sign a HUD-1 form – also known as a settlement statement or just the HUD. The HUD is a breakdown of all the costs associated with your refinance.

Recommendations for a Foreign Retailer in Ukraine

  June 26, 2012     By Avellum Partners
From the moment foreign investors enter Ukraine they face a “non-Western standard” business environment, confusing and unstable legislation, and bureaucracy. One would need to spend a lot of time and effort to get a clear understanding of the local “rules of conduct”. That is why many investors prefer to have a local partner rather than be on their own.

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

  June 21, 2012     By Halliday Campbell WS
Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish Highlands. One site advertises souvenir plots “from just £29.99” and claims that, in return, you can use a clan crest, coat-of-arms and tartan. By “Scottish tradition”, it says, ownership of the plot “legally allows” you to use the courtesy title of Laird, Lord or Lady. But what is the legal truth behind these offers of instant ennoblement?

Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship

  June 20, 2012     By Mesa & Mesa Law Firm
Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all requirement set forth by Dominican state for those purposes.

Foreign Ownership of Immovables - Turkey

  June 19, 2012     By Herdem Attorneys at Law
The Turkish Parliament has enacted a law, Law No 6302 (“Law”) that enables foreigners to buy real estate in Turkey in line with the interests of the country. Accordingly, compliance with legal restrictions, provided that the interests of the country where this is justified in terms of international bilateral relations established by the Council of Ministers, citizens (individuals) of foreign countries may acquire immovable property and limited real rights in Turkey.

How Bankruptcy Can Help Foreclosure

  June 12, 2012     By The Law Office of Jon M. Cooper, A.P.C.
Facing foreclosure is never easy, but there may be alternatives. If your lender is not willing to negotiate short sales or a loan modification, filing for bankruptcy may be able to help you avoid foreclosure. Many American families are unable to keep up with their mortgage payments. In some cases, money lenders are willing to let their borrowers file for loan modification or short sales.

The Legal Status of Parking Space under Condominium Law - Indonesia

  June 11, 2012     By Leks&Co
Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether horizontally or vertically that constitutes as units in which each can be owned and used separately, mainly for housing complemented with common equipment (bagian bersama), common facility (benda bersama) and common land (tanah bersama). Condominium is regulated in the Law Number 20 of 2011 on Condominium (“Law No. 20/2011”).

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  June 11, 2012     By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of Presidential Regulation of the Republic Indonesia Number 27 of 2009 on One Stop Integrated Services.

Michigan Tax Tribunal Undergoes Procedural Changes

  June 6, 2012     By Fahey Schultz Burzych Rhodes PLC
For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position where numerous procedural changes are necessary in order that it might keep up with claims. The following article addresses these changes.

Zoning Restrictions in Commercial Developments

  June 6, 2012     By Bonnie Stokes Soria, P.C.
With the constant development that occurs in real estate, zoning restrictions are placed on what can be built and how it can be used in a certain area. Commercial developments are a wide reaching issue in a world that is always looking to expand. Real estate in California is sought after by many looking to gain a spot of their own along the golden coast.

Can a Real Estate Lawyer in Seattle Help with a Lease?

  May 31, 2012     By DC Law Group
If you own property and you wish to rent it out to residential or commercial tenants, you may be uncertain of how to get started or of what type of help you need. One question that you may have is whether a real estate lawyer Seattle can assist you with your lease. Likewise, if you are a commercial or a residential tenant who is about to enter into a leasing agreement, you may be uncertain as far as where to turn for legal advice and guidance.

The Procedure for Foreigners to File a Lawsuit or Initiate a Collection Proceeding in Turkey

  May 24, 2012     By Barlas Uyar Eraslan Law Firm
In the event that the individual or the legal entity that has conferred power of attorney to a lawyer in Turkey files a lawsuit or initiates a collection proceeding, he is under the obligation to provide collateral. However, the citizens or legal entities of the listed countries are excluded.

Draft Version of the Code Regarding the Property Purchase by Foreigners in Turkey

  May 24, 2012     By Barlas Uyar Eraslan Law Firm
Following the said draft becomes law upon the decision of the parliament; foreigners will be able to purchase property from all sides of Turkey provided that they comply with the legal limitations. It should be noted that, the condition of reciprocity is removed for the property acquisition of foreigners with the Draft Version. The maximum area to be purchased by a foreigner is increased from 2,5 hectares to 30 hectares with the condition of a project.

Using Your Traditional IRA to Buy a Home

  May 23, 2012     By Norrie & Associates
For many individuals, buying their first home is difficult because of the need to save up enough money to make the initial payment or to cover the closing costs. However, you may be able to use funds you saved in your traditional IRA to buy a home without incurring the 10% early withdrawal penalty (but you will probably still have to pay the regular income taxes on the distribution).

About Common Construction Defects

  May 23, 2012     By Manly, Stewart & Finaldi
Builders will often have to deal with alleged construction defects that can cause serious litigation issues. From problems with installed air conditioning to weak structural framing, the common defects that are seen in the construction industry can cause serious problems in real estate law.

General View Over the Provisions Applied to Leases of Real Estate within Turkish Code of Obligations No. 6098

  May 22, 2012     By Ongoren Law Office
1. Upon the legitimacy of the New Code of Obligations, what kind of a legal arrangement regarding the Real Estate Leases has been enacted? - The Law on Real Estate Leases numbered 6570 shall be vanished upon inurnment of the provisions embodied in the context of the Turkish Code of Obligations (T.B.K) numbered 6098 as of the date of 01.07.2012.

The Basics of the Home Affordable Refinance Program (HARP)

  May 20, 2012     By Law Office of Jason Ostendorf LLC
This article covers the eligibility criteria for homeowners who wish to lower their interest rates and monthly mortgage payments through the Home Affordable Refinance Program (HARP). Although the country is showing signs of recovery from the economic crisis of 2008, many Americans are still feeling its effects. One wide-spread problem concerns the large number of “underwater homes”, or homes as to which the homeowner owes more on the mortgage than the property is worth.

Before You Hire a Condemnation Attorney Ask These 9 Questions

  May 17, 2012     By Fisher Stark Cash, P.A.
When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider obtaining the assistance of a condemnation attorney. Before you choose a condemnation lawyer to represent you, there are some questions that you may want to ask the attorneys you are interviewing:

Do I Need a Seattle Real Estate Lawyer to Invest in Real Estate?

  May 14, 2012     By DC Law Group
If you are considering purchasing investment property, rather than a primary residence, getting help from a Seattle real estate lawyer can be especially essential to ensuring that you make a wise and informed choice. A Seattle real estate lawyer will assist you with all aspects of the transaction and will help you to do your legal due diligence before you buy the property.

Ukraine’s Foreign Investors and the Lifting of Farmland Moratorium

  May 8, 2012     By Frishberg & Partners
Ukraine has long been called “the bread-basket of Europe,” and for one excellent reason: its fertile, black soil. The estimated value of this treasure is anywhere between 40 and 80 billion dollars. The only problem with investing in such an obviously profitable business was an artificial bureaucratic/legislative barrier commonly known as the “moratorium on alienation of farm land” (the “Moratorium”).

Tenants' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 2)

Can my deposit be used for my last months rental and other obligations to the landlord?

Landlords' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 1)

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if it is in the initial fixed term of the lease?

Real Estate Investments in Ghana II

  May 1, 2012     By AB Lexmall & Associates
This article provides an overview of the booming real estate market in Ghana. The article looks at some latent problems in the sector and how statutory intervention can be used to accelerate growth in the real estate industry. It is an expansion of an earlier written article.

Right of Set-Off on Unrelated Projects

  April 30, 2012     By Pohl & Short, P.A.
Frequently, general contractors will work with the same subcontractor or supplier on two separate, unrelated projects. When that happens, the situation may arise that on the first project (Project A), the subcontractor defaults on its contract, resulting in a back-charge that exceeds the subcontractor's contract balance, i.e. the subcontractor owes the general contractor money.

Power of Attorney - Revisited

  April 30, 2012     By Pohl & Short, P.A.
In previous issues of this magazine, I covered the use of a Power of Attorney (a “POA”) in real estate transactions for those situations in which a party (the “Principal”) is not available to sign documents at a closing and appoints a third person, known as the Attorney-in-fact (“AIF”), to sign on his or her behalf.

Purchasing Real Estate Property in the Dominican Republic: The Due Diligence Process

  April 29, 2012     By Arthur & Castillo
Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic should note that Dominican Republic real estate laws and regulations particularities make it preferable to conduct a due diligence and review process through independent counsel in order to verify legal and tax status of the property before any formal decisions or payments are made.

How Will California’s Senate Bill 53 Affect a Broker’s In-House Escrow Services On July 1, 2012?

  April 27, 2012     By Kushner Carlson, PC
Learn how California’s Senate Bill 53 will change escrow law and how broker’s in-house escrow services must adapt. A number of real estate brokers in California figured out a long time ago that they could make more money by utilizing their own in-house escrow services (i.e. “broker-controlled” or “non-independent” escrows) instead of turning business over to more traditional “independent” escrow companies.

Adjudication of Land Registration - Indonesia

  April 26, 2012     By Leks&Co
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is “activity which is performed in the process of land registration for the first time, including collection and determination of the fact of the physical data and juridical data concerning one or more objects of land registration for the purposes of its registration”.

Acquiring Property in Greece - Buying Property in Greece

  April 16, 2012     By Konstandinidis & Associates
If you are planning to acquire real estate in Greece you have to set a perfect plan in order to put everything in the right place and to avoid any surprise. First and most crucial move is to find a specialized in Property Management or Real Estate Law Firm and a Real estate agent who will guide you step by step in the whole transaction.

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

  April 9, 2012     By Rydstrom Law
Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s] non-compliance with Civil Code § 2923.5 (Mabry v. Superior Court (2010) 185 Cal. App. 4th 208). However, even after the sale, a void, fraudulent or mistaken foreclosure process, sale or trustee’s deed can be set aside [or further enjoined].

Italian Lawyers, Italian Attorneys or Avvocati? - How to Qualify to Practice Law in Italy

  April 9, 2012     By Giambrone Law
The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with the expressions “Italian lawyer” or “Italian solicitor” in England, Wales and Ireland or “Italian attorney” in the United States.

Be Bold During Commercial Lease Negotiations

  April 5, 2012     By Jaburg Wilk
A depressed commercial marketplace has resulted in a tenant’s market. Frequently, the lease terms for "Mom and Pop" shops are spelled out in the lease’s boilerplate provisions. Consider various scenarios and determine who – the landlord or tenant – is in the best position. By: Valerie Marciano, Esq.

Foreclosure Defense Basics

  April 1, 2012     By Law Office of Jason Ostendorf LLC
This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important for lawyers to know how to represent a homeowner in foreclosure. While much discussion has been devoted to deeds in lieu of foreclosure, short sales, and other ways to help a homeowner exit their home, not much discussion has been devoted to how to challenge a wrongful foreclosure. This article covers the basics.

Attorney Las Vegas - Real Estate Attorneys Foreclosure and Foreclosed Homes in Las Vegas Nevada

What is foreclosure? - To foreclose on property is for a creditor to assert a claim of right, given by the owner of property to a creditor, to transfer interest in property to the creditor in the event the present owner (borrower) fails to pay an obligation, usually created by a loan agreement or promissory note. In short, in most cases, it is when a lender takes property from its owner and sells it in order to satisfy an unpaid debt.

Slip and Fall Accident Analysis Part 1 / Potential Causes (Exterior Areas)

  March 29, 2012     By Hollander & Gould LLP
Introduction: Most people would probably think that car accidents are the largest class or cause of personal injuries. However, the Consumer Product Safety Commission estimates that accidental falls account for more hospital visits each year than any other accidental cause. Falls are also the leading cause of unintentional death for individuals age 65 and older, with 11,000 deaths occurring annually.

Evading Difficulties When Buying Property in Cyprus

  March 28, 2012     By Michael Chambers & Co. LLC
Each year hundreds of buyers are attracted to purchasing real estate on the island of Cyprus. With a system of registered land and a legal process broadly based on that of England and Wales, buying a property in Cyprus is relatively straightforward. In this article we will outline some simple precautions that a purchaser of property in Cyprus can take in order to protect his investment and ensure that his acquisition proceeds as smoothly as possible.

The Costs of Purchasing Property in Cyprus

  March 21, 2012     By Michael Chambers & Co. LLC
When buying property in Cyprus there are a number of additional costs and taxes of which every buyer should be aware prior to committing to an acquisition. It is extremely important that a potential buyer plans for and takes into account each of the following incidental costs that will occur when buying property in Cyprus.

Spring Housing Market in Chicago Sprouting New Growth

  March 15, 2012     By Law Office of Al Beaudreau, Ltd
With the spring buying season quickly approaching, both buyers and sellers are wondering what the new season will have in store for the housing market in Chicago. According to a new report, the landscape for the housing market may not be as daunting as past seasons. The number of homes for sale has been slowly declining, giving both buyers and sellers a little more confidence and helping list prices stabilize.

Disputes over Boundary Lines

  March 15, 2012     By Ross & Pines, LLC
Property records are not always clear when it comes to defining the boundary lines that belong to the owner. Due to the vagueness, many boundary disputes can arise. When your property sits along the line of another person’s property questions may come up as to how far each of your line of ownership extends.

Tips on Avoiding Bankruptcy and Foreclosure

  March 15, 2012     By Bryan Diaz Law, P.C.
Are you overwhelmed by debt? Filing for bankruptcy is not your only option! Through loan modification, short sale, or debt settlement, you could get your life back on track. Although some experts are hopeful that the economy is improving and will continue to improve, many families across the U.S. are still feeling the negative effects. Some have lost their jobs, others, their homes.

Dual Tracking is Expected in Ohio

  March 9, 2012     By The Law Office of Bruce M. Broyles
Plaintiffs in Foreclosure litigation will continue to proceed with the foreclosure litigation despite having a loan modification application pending. I recently read a post regarding the California Act that will prohibit Banks from "dual tracking" foreclosure cases. This term of art that is developing describes the situation in which the Bank continues to work with the Homeowner to modify the mortgage while also proceeding with the foreclosure action.

Impact of Online Video Distribution

  March 9, 2012     By Carl Kandutsch Law Office
Nationwide Telecommunications attorney Carl Kandutsch asks: Is online video distribution impacting cable subscription numbers? While it’s tempting to attribute these losses as an indication that online video or “over-the-top” or “OTT” video distributors are finally poised to take significant market share away from traditional MVPDs, the Kagan report points to a weak economy with high unemployment as the primary drivers.

How to Avoid Commercial Lease Disputes

  March 8, 2012     By Fisher Stark Cash, P.A.
The top 10 essential elements of a commercial lease... Most people are pretty familiar with the concept of leasing; most people experience leases when they rent an apartment or a car. Commercial leases are almost no different; they just involve space for a business. Commercial leases in Western North Carolina are frequently used to rent an office of warehouse.

Defining Blight

  March 8, 2012     By Fisher Stark Cash, P.A.
When the government wants to take your land it may be because of blight. When the government wants to take your property under Eminent Domain Laws, they can do so as long as the property they take is used for public purpose; roads, highways, etc. Or, they can take it to eliminate blight and economic development simply becomes a secondary outcome.

When House Flipping Turns Illegal

  March 7, 2012     By Shelley Rizzotti, Attorney at Law
Flipping a house is a practice that has been done by many. While it can be done effectively, providing those who take the time to do it fast and beneficial rewards, it can also be done illegally in some cases, crossing legal guidelines that are imposed by the government.

Land Registration Activity - Indonesia

  March 6, 2012     By Leks&Co
Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes perfection of scope of the land registration based on Article 19 paragraph (2) of Law Number 5 of 1960 on the Principles Provision of Agrarian (“Agrarian Law”) which includes; measurement, mapping, land records, registration and transfer of right of land and granting of evidence instrument of right as strong evidence.

California Building Codes: What Are the Consequences of Violations Causing Personal Injury?

  March 1, 2012     By Allen, Flatt, Ballidis & Leslie, Inc
Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the unsafe structure, whether the homeowners, builders, or architects. An attorney cites a recent case in which code violations proved fatal for an emergency responder to illustrate the dangers of incompliance with building laws and the consequences for the parties involved.

Legal Obligations and Liabilities of Condominium Homeowners’ Associations for the Common Areas in California Law

  February 27, 2012     By Wolff Law Office
Legal obligations and liabilities of condominium homeowners’ associations under the Davis-Stirling Act under California law for the maintenance, repair and replacement of the common areas of the condominium property.

Criminal Act Related to Condominium - Indonesia

  February 23, 2012     By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on Condominium. Article 21 paragraph (1) of Law 16/1985 regulates criminal sanction, that is stated:

Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

  February 23, 2012     By Leks&Co
Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of Condominium units. This membership is represented by householder and shall become effective since recorded in the list of tenants and/or have been domiciled in Condominium units which held by them in accordance with the applicable provisions.

Short Sale Basics

  February 15, 2012     By The Edwards Law Firm, PL
Buying a home is one of the most significant purchases a person will make. The enjoyments of owning a home go a long way. However, it can also be a hardship if making the monthly mortgage payment becomes a burden. Making monthly payments can cause great stress, and before a person realizes it, the home may have to be sold. In situations where a home must be relinquished, a short sale may actually be a positive option.

Calculating Property Taxes into Your Budget

  February 13, 2012     By Law Office of Al Beaudreau, Ltd
It’s vital to understand how much your property taxes are going to cost before you purchase a property. If complications with your taxes arise after you have purchased your property, a real estate attorney can help you address any legal issues and find a resolution. Property tax is a tax assessed on real estate by the local government. The tax is based on the value of the property (including the land) that you own.

Due Process of Law Rights of Government Contractors who are Denied Work or Public Contract Bidding Rights

  February 11, 2012     By Wolff Law Office
Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state or local government bidding or public contracting for alleged unethical conduct or due to bid or bidder non-responsibility determinations by a public agency on a government contract.

Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract

  February 11, 2012     By Wolff Law Office
Correction of subcontractor listing errors and substitution of subcontractors listed by mistake in bidding on a California public works construction contract, per public contract code sec. 4107.5.

Architectural Contracts, Disputes Architects, Design Professional Liens, Mechanics Liens and Copyrights

  February 11, 2012     By Wolff Law Office
Contracts with Architects are different from many other construction industry contracts. First of all, the contracts are usually form contracts drafted by the American Institute of Architects (“A.I.A.”), and are typically more favorable to the architects, and not the property owner or client.

Why You Need a Real Estate Lawyer

  February 10, 2012     By Law Office of Al Beaudreau, Ltd
Often times a real estate transaction involves the largest investment of your life. Having a real estate attorney involved can be the best insurance you have to ensure the integrity of our real estate transaction is protected. Whether you are buying your first home, or investing in your fifth investment property, you may be wondering if you need a real estate lawyer.

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 The Law Offices of Stephen Foster
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 - Indonesia

  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.

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.

Real Estate Transactions in Mexico in a Nutshell

  December 30, 2011     By G&M Consulting, SC
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, PC
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.

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 Barlas Uyar Eraslan Law Firm
Purpose, Scope, Basis and Definitions

Amendments to the Incorporation Terms of Real Estate Investment Companies

  November 23, 2011     By Barlas Uyar Eraslan 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.

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.

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
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 - Indonesia

  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-Indonesia

  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, PC
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.

What Does the Building Permit Have to Do with Legal Ownership of a Building?

  October 3, 2011     By Duensing Kippen
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
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
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
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.