Real Estate Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.
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?
Can my deposit be used for my last months rental and other obligations to the landlord?
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.
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.
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.
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.
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.
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”.
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.
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.
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].
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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:
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.
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.
Architectural Contracts, Disputes Architects, Design Professional Liens, Mechanics Liens and Copyrights
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.
Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract
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.
Due Process of Law Rights of Government Contractors who are Denied Work or Public Contract Bidding Rights
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.
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.
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.
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.
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.
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.
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.
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.
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 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 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.
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.
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.
Purpose, Scope, Basis and Definitions
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.
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.
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?
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.
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.
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.
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.
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.
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.
The use of off-shore entities, such as a company incorporated in the British Virgin Islands (“BVI”) to own real estate is not uncommon in Thailand. This article will analyze the tax consequences of an off-shore entity renting out real estate it owns in Thailand.
If you or your company own a condominium unit or villa here in Thailand that was used for even one day (with or without having actually received rental income) during the tax (i.e. generally the "calendar") year then you or your company will most likely be obliged to pay an annual “house and land tax” (“HLT”) in accordance with the House and Land Tax Act (A.D. 1932) and as further amended.
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.
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.
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.
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.
Restrictions imposed by a Developer on subdivided/platted land are generally entitled Covenants, Conditions, Restrictions and Easements (“Covenants”).
Mortgage (hak tanggungan) of land is a security right over right(s) of land, along with or without other properties that constitute a unity with such land, for the settlement of certain debts, which gives the preferred position to certain creditors against other creditors (“Mortgage”).
After three years with no meaningful assistance from the banks or the government, U.S. homeowners may at long last have a workable solution to their mortgage problems.
In order to implement the provision of the granting of rights of land in accordance with Law Number 5 of 1960 on Agrarian Principle Regulation (“Law No.5/1960”) and Government Regulation Number 40 of 1996.
Background: A condominium is a building built in an environment which is divided into parts that are functionally structured horizontally and vertically and consisting of units that can be owned individually and can be used separately, particularly for residence, which is completed with common equipment, common facility, and common land.
In today’s current economic climate with many homeowners losing their home to foreclosure, short sale or simply “walking away” they are finding that they are burdened by their timeshare vacation rental with their ever increasing assessments.
Some tenants need special lease provisions, for example, medical practices and businesses in the computer industries. In this article, the author discusses special, advanced lease provisions that tenants frequently need.
Medical and dental offices need special lease provisions. All leases need a little negotiation and revision, but leases for physicians and dentists need a little more. In this article, the author discusses some advanced lease provisions that health care providers frequently need.
Qui Tam or Whistleblower Lawsuits for Fraud on Government Contracts or Public Contracts under the California False Claims Act, and California Law on the Statute of Limitations.
As is the case on private construction projects or contracts, there are many events on public works projects which make it necessary for a contractor or subcontractor to file claims for extra compensation or extra time to complete a project.
California Contractors’ Licensing Law Requirements, and Risks for Unlicensed Contractors and Property Owners
California Contractors’ Licensing Law Requirements, and the Adverse Effects to Unlicensed Contractors and Property Owners From the Failure of a Builder to be “Duly Licensed” as Required By the California Contractor’s License Law.
The benefit of SBA 504 Loans for Growing Businesses.
Construction service is one of the activities in the field of economy, social and culture which has important role in the achievement of various objectives to support the realization of the national development goals. Therefore, the implementation of construction services needs to be regulated to carry out the orderly of the construction work.
In densely populated urban areas, where available land is very limited, it is necessary to develop residential in the form of strata title to provide a complete, balanced, and harmony with its surroundings.
So, there is hope for homeowners. Last decade, you saw advertisements asking viewers: Why pay rent when you can own your own home? You haven't seen those advertisements lately? So what changed?
By LPA Law Firm
Under the agreement between the Central Immovable Property Registration Office Albania (CIPRO) the Swedish company Lantmäteriet has brought to Albania a team of specialist who, in collaboration with CIPRO specialists will assist the project of the implementation of the computerized system property registration in Albania.
One of the fastest growing sectors in the Ghanaian economy is the Real Estate industry. In fact this is not strange to industry analyst especially as the World Bank’s Global Economic Prospect Report has projected that Ghana will become the fastest growing economy in fiscal year 2011 in sub-Saharan Africa.
As far as entering of a foreign company into the construction market of the Republic of Belarus is concerned, taxation of foreign construction companies’ profits, operating in the Republic of Belarus through the permanent establishment is one of the problematic issues.
Neighborly interactions can be less than neighborly at times.
Indonesia’s high population growth rate has increased the housing needs of the people. Urgent needs of the available units of house often results on the sale and purchase of the house which is still in the planning process and it is giving rise to the sale and purchase through reservation. Therefore, as a result of it, the sale and purchase of house is conducted through a preliminary sale and purchase arrangement.
Basically, the development for industrial area is required to support the economy in a country. If one country has well maintained industrial areas, it can be the supporting factor for the investor to make their investment in those areas.
The illegal occupancy of land is not a new event in Indonesia. The terms illegal occupancy can be interpreted as the act or condition of holding, possessing of rights or assets illegally, such as occupying a land or house, which is not belong to him, illegally (which is forbidden by law). The illegal occupancy of land is an unlawfully act that can be classified as a criminal offense. As we know, the prices of land are very stable and continue to rise along with the times.
On 12 January 2011, the Government issued the Law Number 1 of 2011 on Housing and Habitation (“Housing Law”). By the issuance of this law, the existed law on housing Number 4 of 1992 has been revoked. This new Housing Law is divided into 2 (two) parts i.e. housing and habitation. The purpose of this Housing Law is to fulfill the public needs for housing.
According to the Regulation issued by State Minister for Public Works Number 28/PRT/M/2006 Year 2006 (“Minister Regulation”), it is allowed for the representative of foreign construction legal entities (“Foreign Entities”) to conduct their business in Indonesia after fulfilling some requirements.
Article 7 paragraph (1) and (2) of Law Number 16 of 1985 on Condominium, the developer (the “Developer”) may build a condominium over the land with Right of Management (Hak Pengelolaan) (“HPL”). HPL is a right to control, given by the state which the implementation is delegated to its holder. Rights of land that may be granted over the HPL land are Right to Build (Hak Guna Bangunan) (“HGB”) and Right of Use (Hak Pakai) (“HP”).
Nowadays, there are various kind of companies established in Indonesia. In term of construction, these companies require a building located on a land. Therefore, according to Law Number 5 of 1960 on the Principle Provisions of Agrarian, there are several rights over land. One of these rights over land is the right to build which can be defined as the right to establish and own a building on a land.
According to Article 41 of Law Number 5 of 1960 on the Basic Principles of Land (“Land Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.
As we all know, earth, water, and natural resources contained therein controlled by the State and used as much as possible for the prosperity of the people (society). Land and buildings that build on it, in addition to fulfill the basic need, is also constitutes as profitable investment equipment. In other words, land and building have economic value.
According to Article 41 of Law Number 5 of 1960 on the Principles Provisions of Agrarian (“Agrarian Law”), Right of Use means right to use and collect the production over State Land or land which is owned by private parties.
Many individuals purchasing real property expect that they have the right to use the land without interference from their neighbors. However, that right is limited both by local governmental regulations and any recorded restrictions imposed on the property. This article addresses private restrictions.
Have you ever heard the cold hard slap of five points? Maybe next time you don't have to...
Unless you are living in a cave, you know by now that the near collapse of the residential real estate market in 2008 -and the continuing fallout- has led to a dramatic increase in the number of residential mortgage defaults and attempted workouts.
The European Commission called Cyprus to comply with EU rules which grant to nationals from the European Union as well as from Iceland, Norway and Liechtenstein, the right to purchase property in the Republic of Cyprus. Cyprus is still maintaining its restrictive measures and as a result EU and EEA nationals cannot exercise their right.
If you are a natural person, corporation, partnership or limited liability company that owns an income producing parcel of real property and you are behind on payments or perhaps “underwater” you should consider filing a single asset Chapter 11 real estate bankruptcy.
Debt reduced by a mortgage loan modification, short sale or foreclosure will often result in the issuance by the lender of an IRS Form 1099–C, Cancellation of Debt. Under the Internal Revenue Code if you borrow money from a lender who later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes.
California Construction Contracts, Subcontracts, Arbitration Agreements, & Mechanics Liens in California Law
Construction Contracts on private construction projects - including AIA A-201 General Conditions, and other form construction contracts - quite commonly include a clause or provision requiring “binding arbitration” of disputes between the Property Owner and the Prime or General Contractor.
The obtaining of a residence permit in Bulgaria (long stay permit or permanent stay permit) by foreign citizens could be realized on more than legal 20 grounds. One of the most preferred is the purchase of a real estate property in Bulgaria.
Calculation of the Amount of and What Costs May be Included in a Mechanics Lien under California Laws.
How to Record a valid Mechanics Lien; How to Maintain, Perfect & Enforce a Mechanics Lien per California Law.
Time Deadlines, Procedures and Traps for Contractors and Subcontractors on Mechanics Liens under California Laws
Prompt Payment Laws, Laibilities & Legal Rights on Public and Private Construction Projects in California Law
California prompt payment laws, rights and liabilities for progress and retention payments for owners, contractors and subcontractors on private and public works construction projects.
Who is the owner, construction lender, or payment bond surety for purposes of serving, recording and pursuing preliminary notices, mechanics liens, and payment bond claims in California law?