Real Estate Law Articles

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

Before Listing on Vacation Rental Site, Consult with a Real Estate Lawyer

  November 20, 2017     By HG.org
Placing real estate properties on websites, in listings and in print is often complicated, and the very act could draw in negative publicity. It...
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Airbnb Is Asking for User Verification - Is this a Violation of My Privacy?

  November 20, 2017     By HG.org
The ability to authenticate an account is important for many businesses, and this could involve possible complications when a mass of members...

Security Request Denied by Employer Then Doorman Attacked While on Duty

  November 20, 2017     By HG.org
When there are possible attacks in a city or town where a doorman is present, additional security is recommended as a course of action to...

Failure to Disclose Lead Paint in Rentals – Landlord's Liability and Consequences

  November 17, 2017     By HG.org
When a landlord is responsible for the welfare of his or her tenants in general situations where a property is rented or leased, he or she could...

Construction Delays - Are Damages Available?

  November 17, 2017     By HG.org
Construction contracts usually provide a date, materials used, amount needed to finish the project and similar factors that could affect the...

High Net Worth Individual Scheme for Permanent Residency in Malta

  November 17, 2017     By Mifsud & Mifsud Advocates
Malta offers a wide range of schemes and programmes to those individuals opting to establish their permanent residence in its jurisdiction. The...

Determining the Value of Real Property During Divorce

  November 13, 2017     By HG.org
When a couple initiate divorce proceedings, it is important to determine the value of property in the marriage so that it may be divided evenly...

Commercial Harassment Lawsuits When Dealing with Commercial Tenants

  November 9, 2017     By HG.org
The landlord of a commercial rental property must consider various factors to avoid potential commercial harassment lawsuits with tenants. This...

HOA Bonds, Fees, and Assessments

  November 9, 2017     By HG.org
Many communities have HOAs that help maintain, repair and regulate the dwellings in their association. Homeowners are responsible for paying HOA...

Foreclosure Defenses for Homeowners

  November 9, 2017     By HG.org
When someone has defaulted on a loan for their property, the lender may take steps to foreclose on the property and to sell it at auction to the...

Is Escrow a Requirement or an Option for Purchasing a Home?

  November 8, 2017     By HG.org
When attempting to purchase a house, the usual process requires the need for escrow procedures and a mortgage company when the home is financed...

Mandatory Arbitration Clause in a Real Estate Agreement - Should I Sign?

  November 8, 2017     By HG.org
When a person is buying commercial or residential real estate, he or she may sign a lot of papers. Often, the person may not know the substance...

Mandatory Arbitration Clause in a Real Estate Agreements - Should You Sign?

  November 2, 2017     By HG.org
When a person is buying commercial or residential real estate, he or she may sign a lot of papers. Often, the person may not know the substance...

Construction Expert Witness Explains How to Reduce Risk at Commercial Properties

  November 1, 2017     By HG.org
When a construction expert witness is hired for a case, it is to explain various aspects of the building, materials, persons involved and what...

Return on Investment Did Not Materialize. Can I Sue?

  By HG.org
When someone has invested in a high-end property such as a luxury hotel, there are many factors to consider before progressing to litigation....

Discrimination by Commercial Landlord Based on Disclosed Religious Use of Property

  October 30, 2017     By HG.org
Religious discrimination may exist when a person seeking a commercial lease or hoping to buy a commercial site is denied the ability to complete...

Talk to a Real Estate Lawyer before Renting Out a Private Residence

  October 24, 2017     By HG.org
Private residences may be riddled with issues that require certain ordinances and regulations’ satisfaction before it may be rented to the...

Creative Contract Provisions to Consider in Real Estate Purchase

  October 24, 2017     By HG.org
When purchasing real estate, there are often provisions attached that require the buyer or seller to perform certain actions. When these items...

Fence Disputes with Neighbors

  October 24, 2017     By HG.org
When neighbors have disputes with each other over fences, the matter may lead to the courtroom with a dispute over the land and perimeter...

Can a Private Lender Initiate a Voluntary Foreclosure?

  October 18, 2017     By HG.org
Foreclosure of a property is often devastating to the person that is leasing or that owns the house. There are several processes involved in...

Understanding Key Terms in a Commercial Lease

  October 18, 2017     By HG.org
A commercial lease is often used when a business rents a space out to operate its business, whether this is a retail store, restaurant or...

Construction Expert Witnesses Explain Why Balconies Collapse

  October 16, 2017     By HG.org
Balcony collapses often lead to severe injuries or death when someone is on the ledge when the accident occurs. With the help of a construction...

Can an HOA Prevent the Lawful Exercise of Gun Rights?

  October 16, 2017     By HG.org
Homeowners’ Associations are able to create and enforce many different rules and guidelines for those within the community. However, in usual...

Legal Provisions to Consider in Restaurant Leases

  October 13, 2017     By HG.org
When leasing a restaurant or commercial property, it is important to consider what legal provisions may be in place or are required for the...

Condo Owners and Requirements for Maintenance, Repair, and Replacement

  October 10, 2017     By HG.org
When there is a need for maintenance, repairs and replacement of items within a condo, the owners need to know who is responsible for what...

Summary of Materialman’s Liens

  October 6, 2017     By HG.org
A materialsman’s lien may arise when construction companies or subcontractors take part in building, renovating or making repairs to a home....

Seller's Duty to Disclose Known Defects to Home Buyers

  October 6, 2017     By Rydstrom Law
You’ve hired the best real estate broker, so you thought, now your home is sold. You go on and soon forget about the old and bring in the new....

Top Things a Commercial Landlord Needs to Be Aware Of

  By HG.org
When leasing or renting commercial property, the landlord needs to ensure certain elements exist in the paperwork as well as other items to...

Can HOA Covenants Prohibit Energy–Efficient Improvements Like Solar Panels?

  October 5, 2017     By HG.org
The installation of solar panels on a home is important to reduce energy costs, become part of the green movement and ensure there is always at...

When Landlords Can Be Held Liable for Violent Attacks

  October 3, 2017     By HG.org
When certain situations arise, it is possible to hold a landlord liable for damages, medical compensation and similar monetary payouts. This...

What Are Transfer on Death Deeds?

  October 2, 2017     By HG.org
In order to bypass the process of probate when someone dies, the owner of a property may name a beneficiary through a transfer on death deed....

What to Do when There Is a Property Boundary Dispute

  September 28, 2017     By HG.org
Boundary disputes may lead to litigation when the matter cannot be resolved through peaceful means. This means that both parties must understand...

Turkish Citizenship by Real Estate Investment in Turkey

  September 28, 2017     By Cindemir Law Office
Getting Turkish citizenship has become easier for foreign investors with the changes made to Turkey’s current citizenship law. The recent...

Why You Need Condominium Association Documents

  September 26, 2017     By HG.org
In order to ensure ownership and management of condominiums are legal, legitimate and valid, association documents are often necessary. Some of...

Changes to Foreign Investment in Real Property Tax Act

  September 26, 2017     By HG.org
Having foreign investments while living in the United States may cause complications when filing for taxes, but the Internal Revenue Service has...

Texas Eminent Domain Law 101: What Landowners Need to Know

  September 25, 2017     By Barron Adler Clough & Oddo, LLP
Eminent domain is a subject that many people have heard of, but few understand. The vast amount of land and natural resources in Texas makes...

Buying Real Estate in Armenia - 5 Mistakes to Avoid

  September 25, 2017     By Vardanyan & Partners
Armenia has one of the most efficient and safe property registration systems, as evidenced by the World Bank's "Doing Business" report. That...

How Damages Are Calculated in Eminent Domain Cases

  September 22, 2017     By HG.org
Damages need to be calculated correctly for eminent domain cases to ensure fair and reasonable compensation. In order to do this, all factors of...

What Is a Tenancy in Common in a Commercial Real Estate Transaction?

  By HG.org
Commercial real estate transactions between the owners and the property may have a tenancy in common in place when there are co-owners that hold...

Why Landowners Decide to Ground Leases

  By HG.org
Renting a property is fraught with challenges, but landowners choose to ground leases for various reasons. This means that the tenant that rents...

How To Settle a Tenancy Dispute Case in Dubai

  September 18, 2017     By HHS Lawyers & Legal Consultants
The Tenancy Law or Law No. 33 or 2008 is the Regulating Relationship Between Landlords and Tenants in the Emirate of Dubai that is associated...

Effect of Statute of Frauds on Real Estate Disputes

  September 14, 2017     By HG.org
When a statue of frauds issue occurs, this means that a violation has transpired with a contract in writing, singed by involved parties bound to...

Understanding a Personal Guarantee in a Commercial Lease

  By HG.org
When buying or leasing property, there are several conditions that must be met to include finances in order to pay the monthly amounts. When the...

Bona Fide Prospective Purchaser Defense in Real Estate Contracts

  By HG.org
For a bona fide prospective purchaser to be in compliance, he or she must have satisfied obligations with land restrictions for use and not...

Top Legal Reasons to Get a Survey When Purchasing Commercial Property

  By HG.org
Commercial property purchases may be easy, complicated, full of issues or free of problems. However, it is difficult to know any of these...

Stopping Foreclosure Judgments and Sales

  By HG.org
Many homeowners find making mortgage payments difficult when they have families or when work slows down. This then causes complications with the...

When Insurance May Not Cover Issues in Real Estate

  By HG.org
When someone purchases a property, it is advised to also buy associated insurance for a myriad of protections. A policy could protect from...

Caveat Emptor and the Effect on Real Estate

  By HG.org
There are certain principles in effect when involved in real estate dealings. One of these is caveat emptor which means that the buyer is solely...

Negotiating an International Real Estate Deal

  By HG.org
When negotiating with a real estate deal, the most important factors are the clients. However, international deals may require more...

What to Know when the Government Sues to Take Your Property

  September 4, 2017     By HG.org
When the property owner of real estate has been sued by the federal or state government and his or her land is at stake it is crucial to know...

Conditions and Covenants to Include in a Business Acquisition Agreement

  By HG.org
There are certain conditions that should be included when acquiring a new business. These agreements often necessitate covenants or promises...

Real Estate Financing for California Real Estate Investors

  September 4, 2017     By Bona Law PC
The financial commitments required in real estate investing can vary in size and scope, from purchasing a handful of shares in a real estate...

Significant Legal Issues for Buyers and Sellers of Real Estate

  By HG.org
Real estate dealings may be fraught with difficulties and legal concerns based on various factors such as deed claims, special interests,...

How to Work with a Construction Expert Witness in Complex Litigation

  September 1, 2017     By HG.org
Expert witness selection is important for cases with complex litigation. For this, it is often imperative to hire someone specialized in the...

Real Estate Law: What Is Unlawful Detainer?

  By HG.org
Real estate evictions are often difficult to accomplish based on the state, the tenant and landlord laws and what is permitted. Typically, an...

Legal Effect of Condo Offering Plans

  By HG.org
Lease or purchase of a condo, apartment or similar unit is usually handled through a contractual agreement in standard arrangements. There are...

If I Rent Commercial Property, Am I Shielded from Environmental Law Liability?

  By HG.org
When someone is buying, leasing or renting a property, he or she may be under preconceived notions that certain laws or regulations may not...

What Happens if there is a Fire During a Home Purchase – Who Pays?

  By HG.org
When becoming part of a real estate dealing, there are many different issues that may arise. These usually involve documentation complications,...

What to Know When Buying Your First Commercial Property

  By HG.org
Buying commercial property may be a complicated matter, and because of this it is important to know as much about the situation and...

Legal Reasons to Purchase Real Estate as an LLC

  By HG.org
Real estate purchases may be tricky and full of possible problems depending on where the dealing occurs, who is involved and specific...

Legal Effects of Untimely Deaths and their Involvement with Real Estate

  By HG.org
The untimely death of a loved one is a trying time for family and friends. However, when this occurs without a will, trust or other legal...

Expert Witness Testimony in Interpretation of Building Code Cases

  By HG.org
Building codes may require some interpretation for cases where someone has been injured or killed. This means an expert witness in building...

Negotiations of Leases Between Residential Renters and Landlords

  By HG.org
Renters and landlords are often at opposing ends in real estate transactions. Many landlords have a standard lease form that they use for all...

The New Fair Rent Law in Israel – What Do You Need to Know?

In July 2017, the Fair Rent Law (Temporary Order and Legislative Amendments), 5776 – 2015 was enacted, an initiative of MPs Stav Shaffir and Roy...

Legal Aspects of Commercial Lease Guarantees

  By HG.org
When renting, leasing or purchasing property, it is vital that the agreement signed which contractually binds two parties together is understood...

Can You Legally Smoke Marijuana in Federally Subsidized Housing?

  By HG.org
There are multiple states that permit the smoking of marijuana for medicinal and recreational use when at home. These laws do not usually extend...

Proposed Dark Store Legislation in Wisconsin Puts a Thumb on the Scale of Fairness

Max Baucus once said that “Tax complexity itself is a kind of a tax.” That statement is true in many ways.

Managing Risks with the Help of Construction Litigation Expert Witnesses

  By HG.org
Construction incidents are common due to a variety of factors, but it is when someone is injured that the case becomes serious. This means a...

What Is the Implied Warranty of Habitability and Why Does It Matter?

  By HG.org
The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can...

Due Diligence in Real Estate 101

  By HG.org
Due diligence is essential in many different aspects of business to include real estate property purchases and selling. To ensure due diligence...

When Landlords May be Held Liable for Damages Even when there are No Damages Clauses

  By HG.org
There are various clauses and terms and conditions that apply to leases and contracts between landlord and tenant. However, landlords may still...

Inheritance of Real Property and Partition Actions

  By HG.org
When an heir receives inherited property, there are several actions that may arise or transpire after probate or other legal activity has...

What Happens if my Spouse and I Don’t Agree on Decisions about Our Real Estate during Divorce?

  By HG.org
During the divorce process, the spouses may make decisions regarding their property, including how to divide it and how to dispose of it. One of...

Protecting Yourself from Undisclosed Defects in Residential Property Transactions

  By HG.org
When purchasing residential real estate, it is often difficult to avoid potential dangers, risks to health and defects that could cause severe...

What California Real Estate Investors Should Know about Commercial Leases

Real estate investment can take many forms and offers many ways to obtain a return on one’s investment.

Organizing a Real Estate Syndicate and Securities in California

Real estate syndication allows you to put your private savings into real estate investments when other financing isn’t available for them. The...

What Are My Rights of Having a Life Estate in Property?

  By HG.org
It is important to understand what a life estate is with property and how it affects a person. With this, the rights of an individual applied to...

Antitrust Laws Do Not Allow Real Estate Agents to Jointly Fix or Set Prices or Commissions

If you have sold or purchased a home recently, you might be under the impression that real estate commissions—the price to engage a real estate...

Can Anyone Stop Me From Putting Up a Satellite Dish?

  By HG.org
As options for television channels have increased, satellite TV has become a very popular alternative to cable. Unfortunately, to receive these...

How Can a Foreigner Buy Real Estate in Ukraine?

The Ukrainian legislation ensures that foreigners exercise all rights and freedoms as well as obligations under the same conditions as Ukrainian...

What is the Effect of a Warranty on Real Estate Transactions?

  By HG.org
For real estate transactions, deeds are necessary to transfer the title of ownership from one individual to another. The contract drafted for...

How to Determine if a Transfer was Fraudulent

  By HG.org
A fraudulent transfer could occur when a creditor involved in a real estate transaction has participated in either an unfair or invalid...

Selling a Property Currently in Foreclosure

  By HG.org
The foreclosure process is often long and arduous for someone that could not keep up with mortgage payments or other liens on the home. However,...

What Is an Assignment of Leases and How Can a Real Estate Lawyer Help?

  By HG.org
When all the rights of someone that is on a lease or a tenant of a residence are transferred to another person, an assignment of lease is...

How to Pay for the Purchase of a Business

  By HG.org
When someone has decided that a business should be created, he or she then must determine several things. Of these, the most important is often...

Land Trusts as a Way to Protect Assets

  By HG.org
It may be important to obtain a land trust so that assets may be protected in a number of ways. These are private agreements where the trustee...

Can My Condo Association Refuse Delivery of Packages?

  By HG.org
Condo associations may provide a number of convenience services for their tenants, including accepting delivery of packages on tenants’ behalf....

Lawsuit Protection from Rental Properties

  By HG.org
Many individuals have determined that rental properties are a great investment. This means that many persons have either placed money into...

What is a Leasehold Mortgage?

  By HG.org
A leasehold mortgage is possible when a lien is placed on the tenant’s interest with the lease, and it is used as collateral for the loan the...

What Is a Mechanic’s Lien and How Can My Real Estate Lawyer Help?

  By HG.org
Any lien is usually a form of loan or type of legal holding or claim on a property that could be used for various items. Mechanic’s liens are...

Potential Fine Print Provisions in a Real Estate Contract

  By HG.org
Real estate contracts are often complicated and full of terms that are beneficial to the seller with some good to the buyer. However, the fine...

Zombie Titles and How They Can Wreck a Real Estate Transaction

  By HG.org
Real estate transactions may be ruined or wrecked by various different problems. Many of these are due to the seller and buyer not reaching the...

Roofing Injuries and Fatality Prevention with the Help of an Expert Witness

  By HG.org
When persons are working on the roof, there are many risks to the health and various dangers that could lead to either serious injury or death....

Legal Issues to Consider when Renting a Home

  By HG.org
Individuals who choose to rent a home have many factors to consider. By carefully considering these factors, they can protect their legal...

Death and Mortgage

  By HG.org
Mortgages are the standard in obtaining financing or refinancing a home for repair, initial purchase and remodeling. It is not often that the...

New York Religious Corporations Law and the Mortgage of a Church

  By HG.org
Mortgages of commercial or nonresidential property may be difficult to manage with different rules and regulations. When the object is a church,...

Real Estate and the Exception for Reasonable Wear and Tear

  By HG.org
Buyers initiate a deal to purchase real estate with the intent to buy something that is maintained, kept up to standards and that is whole upon...

Legal Consequences of Broker's License Suspension When Assisting with Real Estate Dealings

  By HG.org
Having a broker’s license is important to real estate dealings. Without these, it is not legal for the individual to handle the processes that...

When a Real Estate Valuation Expert Is Needed

  By HG.org
Real estate matters are important to those that are either selling and buying or seeking investment opportunities. This means that an accurate...

What is a Real Estate 1031 Exchange?

  By HG.org
There are numerous types of exchanges and deals with real estate that may not be known by the general public. In this regard, the Internal...


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