Real Estate Law Articles

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



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Standard Terms in an Agreement of Purchase and Sale - Part 22 - Canada

  November 26, 2009     By Michael Carabash Attorney
This article covers various standard terms in the agreement of purchase and sale of property relating to parties, property, purchase price, deposit, schedules, fixtures and chattels, rental items, dates/searches & requisition date, conditions, agreement in writing, and execution and acknowledgment.

How Do Ontario Realtors Get Paid? - Part 21 - Canada

  November 26, 2009     By Michael Carabash Attorney
This article discusses some scenarios applicable to compensation for the services of Realtors.

Buyer Representation Agreements - Part 20 - Canada

  November 26, 2009     By Michael Carabash Attorney
At any time before a buyer can make an offer to purchaser property, they must sign a “Buyer Representation Agreement” with the brokerage. This article discusses the implications of the agreement and obligations.

What Are the Legal Obligations of Ontario Realtors? - Part 19 - Canada

  November 26, 2009     By Michael Carabash Attorney
So what are the legal obligations of Realtors? In a nutshell, they include professional, ethical, fiduciary and contractual obligations, each of which will be briefly discussed in turn.

Premise Liability of Property Owners and Tenants

  November 23, 2009     By Mesriani Law Group
Under “Premise Liability” law, landlords and tenants are generally held liable for injuries and accidents caused by dangerous property which has shoddy building materials, hazardous constructions, faulty design, or clutter.

The Dangers of Landlord Negligence – New York

  November 12, 2009     By The Law Offices of Mark E. Weinberger P.C.
Injuries due to landlord negligence usually occur when unscrupulous renters try to maximize profits by spending just the bare minimum on property maintenance. These landlords usually own properties in poor neighborhoods while boasting low rent as a come-on to tenants who cannot afford living in better neighborhoods or who cannot pass a credit or background check. Besides the threat it poses to tenants’ safety, landlord negligence may also lead to declining property values in entire neighbors.

Property Law – Revised Guidelines on Sales Brochures - China

  November 4, 2009     By Angela Wang & Co.
Prospective buyers of new apartment developments in Hong Kong are often misled by artists’ impressions of grand clubhouses, photos of unobstructed sea views or lush greeneries appearing in sales brochures even though the development sites are actually located near public residential housing, landfill sites or sewage treatment plants.

Mediation in Foreclosure Cases - The Champion of Progress in Florida

  November 2, 2009     By Hagen & Hagen, P.A.
An inside look and unfocused analysis of the Collins Center for Public Policy foreclosure managed mediation process and hopeful prospects for success in the State of Florida and perhaps around the foreclosure-ravaged country.

What Does an Ontario Realtor Do for a Seller? - Part 18 - Canada

  October 29, 2009     By Michael Carabash Attorney
As an Ontario homeowner wishing to sell your property, you will likely ask your Realtor to list it (among other things). Much of the discussion of listing the property revolves around the appropriate listing price. Here, the Realtor will generally conduct a comparative market analysis. He or she will look up comparable homes in the nearby neighborhood that sold recently. The article discusses some of the listing agreements and processes involved with selling a property.

What Does an Ontario Realtor do for a Buyer? - Part 17 - Canada

  October 29, 2009     By Michael Carabash Attorney
A Realtor is initially engaged by a buyer to help find the right type of home at the right price. The Realtor will advise on the comparative market value of the home and discuss negotiation strategy, the responsibilities of the buyer, and various standard and non-standard terms and conditions in the agreement.

Legal Options Available to Victims of Real Estate Fraud in Ontario - Part 15 - Canada

  October 29, 2009     By Michael Carabash Attorney
As a homeowner, the thought of being a victim of real estate fraud is scary. While uncommon, identity fraud exists and should be guarded against. A fraudster, for example, can impersonate the registered owner of real property and transfer the property to him, herself or a third party. Moreover, a fraudster could acquire a mortgage fraudulently through false information or identification and then run away with the money. This could happen repeatedly with the same property before being discovered.

Organized Real Estate in Ontario (Part 14) - Canada

  October 29, 2009     By Michael Carabash Attorney
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each so called “actor” will be examined in turn.

Michigan Foreclosure Prevention Law

  October 23, 2009     By Law Office of Gene Turnwald
The Michigan legislature has recently enacted a new Foreclosure Prevention bill into law. This law is designed to give homeowners more time to work out a modification on their mortgage and remains in effect for two (2) years from the date of enactment.

Toronto Real Estate Lawyers (Part 13): Agreement of Purchase and Sale

  October 22, 2009     By Michael Carabash Attorney
As a follow up to my previous articles about the Agreement of Purchase and Sale, in this article, I’ll be discussing the execution and acknowledgment section of the Agreement of Purchase and Sale.

Toronto Real Estate Lawyers (Part 12): Agreement of Purchase and Sale

  October 21, 2009     By Michael Carabash Attorney
In this article, I’ll be talking about inspection rights, price adjustments, and the Ontario Family Law Act.

Toronto Real Estate Lawyers (Part 11): Agreement of Purchase and Sale

  October 21, 2009     By Michael Carabash Attorney
As a follow up to my previous article about Agreements of Purchase and Sale (for residential properties) which dealt with the Information Section, Price, Deposit, Irrevocability Clause, and Completion Clause, I will continue with discussion highlighting certain parts of OREA’s standard form. In this article, I’ll be talking about chattels and fixtures, rental items, and title search.

Toronto Real Estate Lawyers (Part 10): Agreement of Purchase and Sale

  October 21, 2009     By Michael Carabash Attorney
This is the first of a series of articles about Agreements of Purchase and Sale in Ontario.

Legal Options Available to Victims of Real Estate Fraud in Ontario

  October 18, 2009     By Michael Carabash Attorney
Real estate fraud in Ontario generally includes “mortgage fraud” (e.g. fraudsters acquire a mortgage fraudulently through false information or identification and run away with the money, leaving the true home owners with a significant liability) and “title fraud” (e.g. fraudsters use stolen identity or forged documents to transfer a registered owner’s title to him or herself without the owner’s knowledge).

Toronto Real Estate Lawyer (Part 14): Organized Real Estate in Ontario

  October 18, 2009     By Michael Carabash Attorney
Organized real estate in Ontario is made up of: brokerages, brokers, salespersons, the designated government authority, and federal, provincial and local real estate associations and boards. Each will be examined in turn in part 14 of the Real Estate article series from Dynamic Lawyers Ltd.

State and Federal Agencies Take Steps to Combat Mortgage Fraud

  October 14, 2009     By Frank A. Rubino, Esq. PA
Like most of the country, Texas has been hit hard by the ongoing downturn in the housing market. This decline has had a wide range of consequences, leaving many homeowners with upside-down mortgages, cities with reduced revenues and consumers with little confidence in their financial affairs.

Prior to Hiring a Builder: a Few Commonsense Steps

  October 11, 2009     By Breakfield & Associates, Attorneys
After construction litigation begins, every homeowner inevitably thinks about what they could have done to prevent the nightmare of being stuck with an unfinished project. As in any case, an ounce of prevention is worth a pound of cure.

What to Do if a Contractor/ Builder Walks Off the Job?

  October 11, 2009     By Breakfield & Associates, Attorneys
Everyday in Georgia a builder and a homeowner have a dispute about a project and sometime those disputes result in litigation.

How Do You Avoid Litigation With Your Association?

  October 9, 2009     By Barry A. Ross, Esq.
You have a dispute with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation over this issue. You are looking for a non-litigation alternative to resolve your dispute with your association. Are there any such alternatives available?

The Association is Prohibiting You from Operating A Business Out of Your House

  October 9, 2009     By Barry A. Ross, Esq.
You are an owner-occupant within an association. You operate a chiropractic office out of your residence. The CC&R’s provide that your residence can only be used for residential purposes. The association notifies you that you must discontinue your chiropractic business because it violates the residential use restriction in the CC&R’s. Can the association force you to discontinue your business?

How Do You Avoid Litigation With Your Association?

  October 9, 2009     By Barry A. Ross, Esq.
You have a dispute with your association. You wish to plant artificial grass in your front lawn, but the association states that it will not allow you to do so. You do not wish to engage in expensive and time consuming litigation over this issue. You are looking for a non-litigation alternative to resolve your dispute with your association. Are there any such alternatives available?

The Association is Seeking to Collect Assessments and Fines Against You.

  October 9, 2009     By Barry A. Ross, Esq.
After paying your association dues for many years, you inadvertently neglect to pay your association dues for one month. You realize you forgot to pay the association dues the following month. So you pay two months of association dues in the second month. The association returns your check stating that you have to pay a late fee. You request the association to waive the late fee. You then receive a letter from the association’s attorney stating that you not only have to pay the late fee...

How Do You Recall One or More Board Members?

  October 9, 2009     By Barry A. Ross, Esq.
Your association is 30 years old. The common areas are in disrepair. The sidewalks are cracked. The play equipment on the playground is broken. The swimming pool cannot be used because the filtration system is inoperable. You request the board of directors to take action to improve the common area. The board fails to take any action. The next election of the board is not for 2 more years and you do not want to wait 2 years to replace the board...

Changes to PA's Mechanics' Lien Law Effective Oct. 10, 2009

  October 9, 2009     By The Martin Law Firm, P.C.
Amendments to Pennsylvania's Mechanics' Lien Law are effective October 10, 2009.

Toronto Real Estate Lawyers: Defaulting on Your Mortgage

  October 5, 2009     By Michael Carabash Attorney
Defaulting on your mortgage...dreaded topic if you're going through it...but important to know if you're unaware or considering it...

Georgia Lien Law (Georgia Materialman's and Mechanic's Liens)

  September 28, 2009     By Breakfield & Associates, Attorneys
Short Answer: Generally speaking, under Georgia law, someone that performs work on someone else’s property should be paid and Georgia Lien law can protect that person or company regarding payment for work done. However, one needs to do it correctly or the lien could be invalid. It is important to note that major portions of the Georgia Lien law have changed effective March 31, 2009.

Foreign Ownership: Finally a Possibility?

  September 25, 2009     By BNG Legal
It is no secret that for quite some time, the Cambodian government has been working on legislation that would allow foreigners to have an ownership interest in real property in Cambodia. Following the real estate market slump last year, legal commentators believe that if foreigners are allowed to own land or buildings, the market could see the surge it so desperately needs.

Overview of Real Estate Law in Indonesia for Foreigner or Foreign Entity

  September 23, 2009     By Leks&Co
This overview is describing the fundamental concepts of agrarian law in Indonesia. It will also relate to any aspects of real estate project because they all derive from agrarian law. This article also explains the strata title concept. The intent of this article is to give legal highlight for the foreigner or foreign entity who wishes to own or build the real estate project in Indonesia.

Legal Aspects on Strata Title Super Block Development in Indonesia

  September 23, 2009     By Leks&Co
Superblock is developing largely in Indonesia nowadays. Almost all property conglomerates are starting their prominent project of superblock over large cities in Indonesia. There are certain legal aspects that a developer needs to be aware of in order to be successful in the building and managing of the project. This article is best for a property developer, especially foreign property developer that is already establishing its entity in Indonesia or is intending to do so in the near future.

Structuring Real Estate Joint Ventures

  September 22, 2009     By Matt Dickstein, Business Attorney
Real estate investors work together all the time. More and more, we see combinations of brokers, money investors, contractors and other folks flipping or developing properties. As members of a real estate venture, these folks need a formal structure to govern their relationships within the venture.

Suggested Revisions to the AIR STandard Lease Form

  September 16, 2009     By Juris Law Group
Anyone involved in commercial real estate in California is undoubtedly familiar with the American Industrial Real Estate Association (“AIR”) standard lease forms. The ease and affordability of the AIR lease forms have garnered them immense popularity in California for both landlords and tenants alike. Generally, however, the parties merely fill in and sign the standard form while making little, if any, changes to the language of the lease.

The Naked Promise to Buy a Home is Enforceable

  September 4, 2009     By Pohl & Short, P.A.
There appears to be a misconception that a deposit must be made by a buyer of real estate to seal the deal. The Standard Contract for Sale and Purchase often requires a deposit be paid, however, the failure of the buyer to deliver the deposit does not render the contract unenforceable.

Marketable Record Title Act: The Clock May Be Ticking Against Homeowners Associations

  September 4, 2009     By Pohl & Short, P.A.
Real property in Florida is subject to the Marketable Record Title Act

Lis Pendens are not Necessarily Free

  September 4, 2009     By Pohl & Short, P.A.
A lis pendens is a recorded document describing real property that provides notice to all the world of a dispute.

Suing Your Lender when Mortgage Modification isn’t an Option

  September 3, 2009     By Dwyer and Associates LLC
We hear it in the news every day, foreclosures and homelessness are rising and compounded by jobless rates. I’m really surprised about the number of people who sit back and let it happen to them. Homelessness is prevented every time a foreclosure is prevented.

Life Liberty and Land in the Philippines

  September 2, 2009     By Kittelson & Carpo Consulting
Restrictions on Foreign Ownership of Land in the Philippines

A Guide to Anonymous Real Estate Holding

  August 27, 2009     By Carlo Scevola & Partners
How to protect real estate and other assets.

What Happens if the Cost to Build a Home Exceeds the Contract Price?

  August 26, 2009     By Pohl & Short, P.A.
There has been an explosion of home building in Central Florida.

Get Your Share of Surplus Funds Remaining after a Foreclosure Sale

  August 26, 2009     By Pohl & Short, P.A.
Foreclosure actions are routinely filed by banks against homes if the borrower defaults in payment. Homeowners can also be subject to foreclosure actions for failure to pay homeowner’s association dues, assessments or mechanics liens.

Lease Option/Renewal Deadlines Are Not Written In Stone

  August 26, 2009     By Pohl & Short, P.A.
If you miss a lease renewal deadline consult an attorney.

Homeowner’s Associations May Prohibit Parking Cars in the Street

  August 24, 2009     By Pohl & Short, P.A.
Recently I was asked to research whether or not a homeowner’s association could prevent its members from using the street in front of their houses as a parking lot. Several homeowners in the subdivision routinely parked in the roadway which presented an obstacle to traffic and otherwise decreased the aesthetics of the neighborhood.

Beware of Pool Contract Arbitration

  August 24, 2009     By Pohl & Short, P.A.
There has been a proliferation of protective strategies employed by various industries in order to safeguard their members. One device has been to adopt an arbitration provision which requires the unwitting customer who signs a contract to participate in binding arbitration with a panel composed of other like-minded industry representatives.

Construction Defects: A Homeowner Cannot File Suit Until Complying With Notice Under 558 Of The Florida Statutes

  August 24, 2009     By Pohl & Short, P.A.
The housing market has boomed in recent years in Central Florida. New home construction has strained the capacity of local builders, laborers and material suppliers. Litigation concerning faulty design or construction methods respecting homes is likewise on the rise.

Statute of Limitations for Building Problems

  August 24, 2009     By Pohl & Short, P.A.
The Florida Legislature has enacted statutes which limit the time that a party may bring a lawsuit to recover damages related to construction. Specifically, 95.11(c) applies to any action founded on the design, planning, or construction of an improvement to real property.

Basic Florida Mechanics Lien Law

  August 24, 2009     By Pohl & Short, P.A.
If you are a homeowner in Florida, you will no doubt have occasion to contract for repairs or improvements to your property. You should know that the Florida lien law provides homeowners certain protections and also provides particular warnings to help homeowners navigate payment of multiple bills often from unknown suppliers, subcontractors and laborers.

Nine Tenths of the Law

  August 23, 2009     By Kittelson & Carpo Consulting
One sided lease agreements in the Philippines are the rule of thumb and don’t imagine for a second that they are in favor of the lessee.

Expected Closing Costs Associated with Real Estate Transactions in the Bahamas

  August 21, 2009     By Lex Justis
First time home buyers and even some foreign investors wishing to purchase real estate are always shocked at the additional or closing costs involved all throughout the transaction.

Obtaining an Annual Residence Permit in the Bahamas

  August 21, 2009     By Lex Justis
If you are interested in residing in The Bahamas on an annual basis, applying for an Annual Residence Permit may be the more efficient means of acquiring this right.

One Sided Construction Contracts May Not Be Enforced By The Courts

  August 20, 2009     By Pohl & Short, P.A.
In the current construction climate builders often dictate the terms of a construction contract. For some large builders form contracts are the norm. However, smaller contractors often negotiate the terms and don’t rely on form contracts.

If Your Contract is Improperly Written, the Deposit May Not Be Retained in the Event of a Default

  August 20, 2009     By Pohl & Short, P.A.
In the ordinary real estate transaction, the buyer expresses his interest in a property by executing a contract. One routine provision is to require the seller to put up a good faith deposit.

Surprise! A Hidden Federal Lien

  August 20, 2009     By Pohl & Short, P.A.
There is a significant hidden federal tax lien that may attach to real property conveyed by a foreign Seller. It may not turn up in a search of the public records and, ultimately, impose an obligation on the Buyer to pay a portion of the Seller’s income tax obligation.

Modernisation of Cyprus Mortgages Law

  August 15, 2009     By Harris Kyriakides LLC
The Republic of Cyprus has now introduced amendments to the laws governing mortgage of immovable property, which simplify the process of re-mortgaging and minimising the costs involved in such transactions.

Real Estate Asset Protection

  August 13, 2009     By Carlo Scevola & Partners
A Primer on Real Estate Asset Protection, by CS&P Fiduciaire, leader in asset protection consulting.

Surveys can Be a Buyer's Best Friend

  August 11, 2009     By Pohl & Short, P.A.
Clients frequently raise the issue of a property survey. The question is almost always the same. “Do I really need a survey for this property or am I just throwing money away on an unnecessary exercise?”

Mechanics Liens & How To Avoid Them

  August 11, 2009     By Pohl & Short, P.A.
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.

If Only...When "Fee Simple" May Not Be So Simple

  August 11, 2009     By Pohl & Short, P.A.
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.

Ye Olde Florida Homestead - Part 2

  August 6, 2009     By Pohl & Short, P.A.
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.

Ye Olde Florida Homestead

  August 6, 2009     By Pohl & Short, P.A.
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.

There's Oil In My Backyard. I'm Rich...Maybe

  August 6, 2009     By Pohl & Short, P.A.
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...

Water, Water Everywhere - Is any of it Mine?

  August 6, 2009     By Pohl & Short, P.A.
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.

Nice Home... How Do I Get To It?

  August 3, 2009     By Pohl & Short, P.A.
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.

Contracts 101 - The Sequel

  August 3, 2009     By Pohl & Short, P.A.
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.

Contracts 101

  August 3, 2009     By Pohl & Short, P.A.
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.

Access to Ports and Terminals.

  July 24, 2009     By Burges Salmon LLP
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.

Contracts 101 - Who Pays for the Repairs

  July 23, 2009     By Pohl & Short, P.A.
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.

Contracts 101 - Warranty vs Quitclaim Deeds

  July 23, 2009     By Pohl & Short, P.A.
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.

Who Gets the Deposit?

  July 23, 2009     By Pohl & Short, P.A.
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

  July 23, 2009     By Pohl & Short, P.A.
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.

Fence Encroachments

  July 23, 2009     By Pohl & Short, P.A.
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.

Importance of Professional Associations' Merger under the Roof of Federation

  July 23, 2009     By Kocali Law Office
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.

Common Homeowners’ and Business Liability Insurance Issues in Illinois

  July 17, 2009     By Salvi & Maher, L.L.C.
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.

A Primer on Partition Actions in California

  July 7, 2009     By Law Offices of H. Michael Soroy
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.

California's Foreclosure Surge Leads to Stricter Regulations

  July 7, 2009     By Law Offices of H. Michael Soroy
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.

Premise Liability in Louisiana: a Fact-intensive Inquiry

  June 18, 2009     By Richard Voorhies, Attorney at Law
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.

Registration of Title to Land in Ukraine

  June 18, 2009     By International Law Offices
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.

The Pitfalls of Investing in Real Estate

  June 6, 2009     By The Gierach Law Firm
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.

Truth about Foreclosure Rescue

  June 6, 2009     By Harrington Law Associates, PLLC
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.

Investigation when Hiring Contractors

  June 6, 2009     By The Gierach Law Firm
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?

You Own the Business; Should you Own the Space?

  June 6, 2009     By The Gierach Law Firm
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.

Plan Ahead when Selling your Business to Get the Best Price

  June 6, 2009     By The Gierach Law Firm
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.

Three Ways to Save your Heirs Thousands in Property Taxes

  June 5, 2009     By Law Offices of John C. Martin
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.

Court Decisions Put New Wrinkles in Eminent Domain

  June 5, 2009     By The Gierach Law Firm
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.

Hiring a Lawyer before Starting a Franchise could Save you down the Road

  June 5, 2009     By The Gierach Law Firm
Many people come out of a corporate environment with a severance payment and look for a business that they can invest in.

New Life for Bankrupt Projects?

  June 4, 2009     By Norris McLaughlin & Marcus, P.A.
Chapter 11 reorganizations may now be feasible for single asset real estate entities.

Keeping Vacation Homes in the Family

  June 4, 2009     By The Gierach Law Firm
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.

Problems with your Lender?

  June 3, 2009     By The Gierach Law Firm
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.

Is Now the Right Time to Buy rather than Lease?

  June 3, 2009     By The Gierach Law Firm
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?

The Maintenance Agreements under the New Law on the Condominium Ownership Management

  May 29, 2009     By Valova & Angelova
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.

Buying Property in Cyprus

  May 26, 2009     By Tsitsios & Associates LLC
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.

Mortgage Foreclosure in France

  May 14, 2009     By Fabien Cordiez Avocats & Solicitors
Should you consider handing over your keys back to the bank?

Getting Past Thompson v. Harris: A New Standard of Constructive Eviction in Arizona

  May 14, 2009     By Law Offices of Donald W. Hudspeth, P.C.
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.

Preserving Business Value When Acquiring Real Property

  May 12, 2009     By Leighton Legal Group LLC
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.

Property Law - The Land Titles Registration in Hong Kong

  May 6, 2009     By Angela Wang & Co.
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.

Management and Maintenance Contracts for Investment Properties in Bulgaria

  May 5, 2009     By Stefanova and Ivanova Law Firm
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.

Want Permanent Residency in the Bahamas? Invest in Bahamian Real Property

  April 29, 2009     By Lex Justis
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.

Advantages to Investing in Real Estate in Panama

  April 26, 2009     By Abogados Lombardi Aguilar Group
Foreigners will find that Panama has special regulations which favor investments in real estate and have the added advantage of bilateral investment treaties