Real Estate Law Articles

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.

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.

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.

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.

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...

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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.

Many people come out of a corporate environment with a severance payment and look for a business that they can invest in.

Chapter 11 reorganizations may now be feasible for single asset real estate entities.

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.

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.

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?

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.

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.

Should you consider handing over your keys back to the bank?

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.

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.

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.

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.

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.

Foreigners will find that Panama has special regulations which favor investments in real estate and have the added advantage of bilateral investment treaties

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.

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

Which assets are capable of being taken by execution in France on an English judgment?

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.

Overview of real estate law in Costa Rica

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.

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.

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.

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.

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.

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 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.

If you own property, follow these tips....and avoid spending time in court.

This article provides helpful advice on what French off-plan property purchasers should do if they face snagging problems on handing over the keys.

Most people do not realize that they can stop foreclosure even if they stopped paying their mortgage.

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.

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.

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 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 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 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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

The mortgage is generally interest in land given to a creditor by the owners of a property as a guarantee for a loan.

Legislation on Immovable Property

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.

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.

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.

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.

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.