Real Estate Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Real Estate.

New Report: Mortgage Default Risk Remains High

Mortgage default risk continues to plague the housing recovery. A new report issued by the American Enterprise Institute indicated that the...
FIND LEGAL ARTICLES

Know Your Rights Under the Home Equity Theft Prevention Act ("HETPA")

The Home Equity Theft Prevention Act ("HETPA") became effective on February 1, 2007 and now governs certain sales of homes in foreclosure or...

Newest Legal and Tax Implications When Purchasing Real Estate in Spain

In real estate transactions in Spain it still happens more often than not that acquired objects or extensions have to be dismantled because...

Restrictions on Rental Increases of Lease Contracts Under Spanish, Dutch and Turkish Laws

It is customary to increase rents at lease contracts annually almost all around the world. Generally, the main source of such increase is...

The Situation with Clive Bundy in Nevada Shows the True Cost of Government Regulations

To say that the situation in Nevada between federal officials and cattle rancher Clive Bundy has gotten out of hand would be an understatement.

Supreme Court Upholds Michigan Ban on Affirmative Action

A common law system (one where previous court opinions define the meaning of the law) can be very useful. It can also result in some rather...

Closing Problems & Pitfalls

  By Gunster
Occasionally unexpected issues arise that delay, or even stop, a real estate closing. There are also situations in which a Purchaser obtains...

How Arbitrary and Nasty the Power of Eminent Domain Can Be

Seizure of the Barries' Colorado dream cabin shows how arbitrary and nasty the power of eminent domain can be.

How a Bulgarian Limited Liability Company May Validly Transfer/Purchase Real Estate

The question whether the General Meeting of the Shareholders in a limited liability company (OOD) should adopt a special resolution for the...

Expropriation Legislation in Albania

Law No. 8561, dated 22.12.1999, “On Expropriations and Temporary Posession of Private Property for a Public Interest” regulates the right of the...

General Observations Regarding the Greek Real Estate Market

With the support of an extensive network of professionals (tax advisors, architects, civil engineers, business consultants), a complete series...

The Greek Real Estate Market for Foreign Investors

Our practical guide to real estate in Greece covers the entire spectrum of legal and tax issues which arise in practice when purchasing,...

Obtaining a Residence Permit in Greece

Greek government instated a procedure to obtain permanent residence permits, which can be renewed every five years, for third-country citizens...

Ivory Coast: New Measures to Promote Enterprise Creation and Property Transfer

New measures to promote enterprise creation and real estate property transfer in Ivory Coast.

Purchasing Property in Poland - Due Diligence of Polish Properties

Transactions related to the acquisition of real estate in Poland usually require a large investment funds. Potential risks associated with such...

Purchasing Real Estate in Israel

A summary of some of the pertinent information with respect to purchasing real estate in Israel.

Taxpayer Standing Can Provide a Bulwark Against Government Overreach in California

In California any taxpayer can bring a lawsuit to stop the implementation of a law that she believes is unconstitutional provided that she is a...

Summary of Minister Regulation of Housing and Settlement Number 10 of 2012

  By Leks&Co
Law Number 1 of 2011 on Housing and Settlement (“Housing and Settlement Law”) has already regulated the proportional occupancy. Under Article...

Summary of District Regulation of DKI Jakarta Number 8 Year 2007 Concerning Public Order

  By Leks&Co
To bring into reality a living in Jakarta that is more orderly, peaceful, comfortable, clean and beautiful, a regulation relating public order...

The Unfortunate Rise of Civil Asset Forfeiture

The rise of civil asset forfeiture as a means of increasing government revenues.

Registering property in Albania - Real Estate Purchase in Albania

Below is a detailed summary of the steps, time and cost involved in registering property in Albania. It assumes a standardized case of an...

California Cities Can’t Avoid Constitutional Liability for A Taking by Dissolving their Redevelopment Agencies

For years local redevelopment agencies were the bane of private property rights in California. Until recently these agencies were clothed with...

California Cities May Soon Snub the Constitution by Seizing Underwater Mortgages

Eminent domain lawyers analyze California cities seizing underwater mortgages through eminent domain.

Vesting Property Title 2: The Sequel

  By Gunster
John Smith and Michael Jones are two friends who enjoy fixing and remodeling homes. They decide to go into business together, to buy distressed...

Common Eviction Mistakes

  By HG.org
When renting out a property you own, it is only natural to want to make the most money and incur the least expense. Unfortunately, for some...

How Do I Throw Someone Out of My House?

  By HG.org
Ever had the house guest you just cannot get to leave? Maybe someone you thought you could share a relationship with and things did not work...

When a Business Folds, Who Is Responsible for Its Debts and Other Obligations?

  By HG.org
A common question among small business owners is who will be responsible for debts and other obligations if a business entity folds or...

Common Law Marriage and Legal Protection in Texas

Persons who are married have certain legal rights and protections that they don't even think about. However, there are other couples who have...

If You Ever Work From Home, How Protected Are You If A Disaster Strikes?

  By HG.org
Millions of Americans work from home, either all of the time or on occasion. But, if a fire, flood, or natural disaster were to hit your home,...

Turkey Construction Contracts Which Mean EPC Contracts in Project Finance

Project finance means the term applied to a variety of financing structures that have a few features in common. There are lots of participants...

What To Do After a Tornado or Other Natural Disaster

  By HG.org
When any sort of natural disaster hits, it can be terrifying. Once it has passed, though, victims are often left wondering what they need to do...

Construction Contract and Project Finance - Turkey

The construction contract in an international project financing serves to give the project company a fully completed and equipped facility. In...

Can Foreigners Buy Real Estate in the United States?

  By HG.org
As the real estate market in the U.S. has made a strong indication of recovery, some outside of the United States have begun to look again at...

Construction of a Superblock Area in the Special Capital City Region of Jakarta

  By Leks&Co
The increasing scarcity of land that can be used for commercial purposes in a city center such as Jakarta, requires efficient management of...

Buying Property in Cyprus Made Easier for Non EU Citizens

In an effort to boost the property market and enhance the attractiveness of Cyprus for foreign investment, Cyprus has implemented measures that...

What is the Statute of Frauds?

  By HG.org
When dealing with a contract dispute, particularly in the case of an oral contract, one may hear the term “statute of frauds” used. This does...

How Should Property Title Be Vested?

  By Gunster
Clients frequently ask how they should take title when purchasing real property. This question encompasses a consideration of the goals of each...

Encroachments Reflected by Surveys

  By Gunster
A grant of an easement by a property owner can often resolve disputes between neighbors resulting from encroachments of fences, driveways, and...

Lost Property - Ukraine

At the first glance, the question itself seems to be a little bit absurd: how can you lose the property? But the reality is often such that...

Not Every Case is Made the Same; New Jersey Dispute Settled for One Dollar

  By HG.org
Most lawsuits settle rather than going all the way to judgment. In fact, the vast majority (often estimated around 90%) of all cases will settle...

Squatters Issues Highlighted by Conviction of Former NBA Player Chris Gatling

  By HG.org
Squatting is the act of taking over custody and possession of someone else's real estate without permission. It can often be difficult to oust...

A Novel Approach to Mortgage Crisis: Take Underwater Homes Through Eminent Domain

  By HG.org
Richmond, California has developed a unique solution to the problem with homes that are underwater after the mortgage crisis. It is using the...

And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst

  By HG.org
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be...

When is it Okay Not to Pay Rent

  By HG.org
Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to...

Absurd Animal Cases in Homeowners Associations

  By HG.org
Few cases are more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.

How to Get Paid for Construction Delay Claims

  By HG.org
The single most common cause of construction litigation for non-private, residential projects is delay. Delays may cascade from one contractor...

Understanding Building Codes

  By HG.org
Building codes establish standards for the construction of buildings and other structures. Virtually every structure in a modern building is...

A Tenant’s Rights

The decision to buy versus rent is only the first hurdle in choosing your home, and placing your signature on a baited rental agreement can harm...

Dealing with Nuisance Neighbors

  By HG.org
We have all had the situation at some point: a neighbor that cares for nobody but themselves. Stereo blasting late at night, dogs barking or...

Understanding Eminent Domain

  By HG.org
Eminent domain, or the process by which the government takes property from private owners, can be a confusing process for many. The most common...

How to Fight an Eviction

  By HG.org
Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain...

What Owners Should Know About Homeowner Association Collections

  By HG.org
If you live in a homeowners association, condominium, co-op, or other community association, you are probably already familiar with the concept...

Failing to Disclose Environmental Defects in Property Sales

  By HG.org
Have you purchased a piece of land only to discover after the sale that there was pollution on the property? Are you thinking of selling a house...

Understanding and Avoiding Construction Liens

  By HG.org
A construction (or "mechanic’s") lien gives builders, contractors, and suppliers legal recourse to get paid for their work as well as any...

What are Fiduciary Duties?

  By HG.org
We often hear that someone owes us a fiduciary duty, whether in a business setting, certain transactions, or even a condo/co-op or homeowners...

Buying or Selling a Home: Do You Need An Attorney?

A home is most Americans’ single largest investment. Buying your home can be a very exciting purchase; it is also a major financial commitment...

Top Mistakes Made in Foreclosures

  By HG.org
Mortgage foreclosure is the process by which the bank takes your home for not paying your loan. It can be a long, difficult, and confusing...

Short Sales Increase

A short sale allows the lender to avoid the work involved in foreclosing and then trying to sell a property. It allows the homeowner to avoid...

Nationalization, Expropriation, Deprivation and the Protection of Foreign Investors in Cameroon

Among the well-known commercial risk of today, expropriation seems to stand out as the most prominent. It represents the most dreadful form of...

Real Estate Purchase Process in Buenos Aires, Argentina

Buying property in Argentina as a foreigner is legally straightforward

Update on Foreign Investment in Ukrainian Agricultural Land

The moratorium on alienation of Ukrainian farm land has long prevented meaningful foreign investment into the Ukrainian agricultural sector. To...

South Florida 2013 Hurricane Preparedness Tips

It’s time for everyone along the east coast to ready their Hurricane Preparedness Plan, and the law firm of Panter, Panter & Sampedro, P.A. have...

Tenancy Management in Malaysia

  By HG.org
Due to rapid development during the last few years in the property sector, more issues related to property management have arisen. At the same...

Ameriprise Real Estate Investment Trust Fraud

Although touted as safe and low risk investments, Ameriprise real estate investment trust funds have been anything but that – even though...

CPA Real Estate Loss

There are laws in place to protect investors from unscrupulous brokers at companies looking to take their money and make high commissions with...

LIBYAN CONSTRUCTION LAW: CONTRACTOR’S LIABILITIES

The Libyan Civil Transactions Code of 1953 imposes liabilities on both the contractor and the architect. Article 650 of the Civil Code holds the...

Use of Easements

  By Gunster
An easement is a grant of permission by the owner of land (known as the subservient estate) in favor of the owner of a different parcel of land...

Before You Buy or Sell, Check Indoor Air Quality

Mold, Radon and other contributing factors to indoor air quality can significantly alter the value of a property and how well it sells. It can...

Purchasing of Land in Bulgaria by Foreigners after 01.01.2012

Legal comments on the possibility for acquiring of land by foreign citizens following expiration of the 5-years period of prohibition

Italian Inheritance Rights Depending on Your Marital Status

It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people...

Wischmeyer Professional Service Access Plans

The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional...

California's Homeowner Bill of Rights

In January 2013, the California Homeowner Bill of Rights will take effect, providing unparalleled protection for homeowners across the state....

As the FED Buys $40 Billion Worth of Mortgages a Month, Homeowners Need to Pay Attention

Will the FED's actions affect you?

I Owe More than My House is Worth and Waiting on the Bank to Threaten Foreclosure --- What Can a Homeowner Do?

The United States is going through one of the worst recessions since the Great Depression. Bankruptcy filings have increased, unemployment is...

Buying and Selling Real Estate in Jamaica: a Guide for Locals and Foreigners

Buying and selling real estate in Jamaica is marked by the absence of standardized contract. In fact, the process is attorney driven. What looks...

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

Learn how a federal agency, made to protect homeowners, has now turned on them.

Condominium Issues in the Purchase of an Apartment in Malta – What to Look Out For

If you are considering purchasing an apartment in Malta, among your enquiries you should consider what to look out for as far as condominium...

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling...

Contractor-Friendly PA Mechanics' Lien Change

A recent Pennsylvania Superior Court decision may have very well changed the PA Mechanics’ Lien Law dealing with repayment priority, to the...

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish...

Doing Business in the Republic of Trinidad and Tobago, Legal Series

Introduction - The concerns of our clients are always paramount and it is for this reason we have embarked upon the “Doing Business in the...

Singapore Business Law - Refinancing (Money Saving Tip)

The recent economic downturn have resulted in many of us tightening our belts. For most of us, this means having to forgo our annual overseas...

Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

  By Leks&Co
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation...

Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

  By Leks&Co
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction...

What You Should Know About Buying a Home

Introduction Home ownership can provide you with many benefits: secure shelter, a long-term investment and tax advantages. However, a home...

Minors and Conveyances

  By Gunster
Mary Smith contacted me to assist her in the sale of a vacant lot owned by both Mary and her son, Michael. Mary originally went to a local title...

Buying Property in Cyprus – Guidelines to Prospective Foreign Buyers

In the Republic of Cyprus, a foreigner can easily proceed with the acquisition of immovable property. There are three stages which have to be...

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not...

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

  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...

Taxation Aspect of Property Sale and Purchase - Indonesia

  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...

Bankruptcy vs. Loss Mitigation

There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure...

Top Tips About Binding Arbitration Clauses

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...

Leases for Medical Offices

Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this...

How Do You Join a Class Action Lawsuit in Canada?

A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant....

Check List for Acquiring Landed Property in Ghana

The number of land disputes pending at various courts in Ghana bears testimony to the problems surrounding land acquisitions. One false step in...

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

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...

Renter’s Have Rights

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...

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

  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...

The Breaking, Separation, and Merging of Land - Indonesia

  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...

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

  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...


Find a Lawyer

Find a Local Lawyer