Real Estate Law Articles

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

Seller’s Obligation to Disclose Certain Material Conditions

  April 5, 2018     By HG.org
It is important for a seller to disclose various material conditions to potential buyers to avoid litigation at a later time if the purchaser...
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Why Register a Trust in Cyprus?

  April 5, 2018     By A.G. Paphitis & Co LLC
Cyprus still keeps a high position as one of the most attractive jurisdictions for international tax planning in the world. Transparency of tax...

What Are Prescriptive Easements?

  April 3, 2018     By HG.org
When a person adversely possesses property or squats in a building, he or she may cause a prescriptive easement to occur. Knowing how this...

What California Real Estate Investors Should Know about Buying Apartment Buildings

  April 3, 2018     By Bona Law PC
Apartment buildings can be an excellent investment for California real estate investors. Factors like the size and style of the building, the...

Property Excavation Due to Neighbor’s Invasive Plants – Who Pays?

  April 2, 2018     By HG.org
The underground spreading and invasion of plants may cause serious damage to neighboring property. Excavation may be the only remedy a neighbor...

Title to a Timeshares: Removing a Former Spouse

  March 28, 2018     By HG.org
After the purchase of a timeshare, the couple may dissolve the relationship, and this would lead to the need for removal of the former spouse’s...

Tips to Mediate Real Estate Disputes

  March 28, 2018     By HG.org
Real estate disputes are often difficult to navigate without help, and knowing various tips to mediate out the issues is important for all...

Partition of an Inherited Home after Probate

  March 28, 2018     By HG.org
Once the property from an estate transfers to the heir, it could then face partitioning from siblings or other possible dependents of the...

What Are Homestead Protections?

  March 27, 2018     By HG.org
In order to protect homeowners from losing their primary residence, most states have homestead protection laws in place for economic hardship....

Necessary Disclosures in Real Property Transactions

  March 27, 2018     By HG.org
When there is a buyer interested in purchasing a real estate property, it is important that the seller disclose any defect, complications or...

Deadlines to Record a Mechanic’s Lien

  March 26, 2018     By HG.org
To ensure that the contractor or subcontractor attached to the renovations or construction work on a building receives payment even if the owner...

Loss of Property Through Adverse Possession

  March 26, 2018     By HG.org
The legal right to acquire property through an easement, building or fence may transition the ownership of some or all the land or building from...

How to Successfully Dispose of an Unwanted Spanish Timeshare

  March 26, 2018     By Giambrone Law
The term “timeshare”, as most people know, refers to the commercial practice where several individuals hold full ownership rights over the same...

Passing a Timeshare to Heirs

  March 22, 2018     By HG.org
Timeshares hold an interest in a property that is thoroughly divided among the numerous owners that then hold a partial real estate property...

Guest, Freeloader, or Tenant?

  By HG.org
It happens to most of us at some point or another: a house guest comes to stay for a while, but ends up freeloading far longer than expected....

When Specific Performance May be Ordered in a Real Estate Transaction

  March 22, 2018     By HG.org
Specific performance is a unique remedy that may be available in some cases. It is considered an equitable remedy and is used when traditional...

Can the Executor Sell the Decedent’s Home if Willed to Someone?

  March 21, 2018     By HG.org
For many people, the most valuable asset they own is their home. For this reason, many people give careful consideration to whom they should...

How to Remove a Mechanic’s Lien in California

  March 21, 2018     By HG.org
As with other liens, the homeowner is unable to sell the property until the lien no longer exists, and this may also cause complications when...

Timeshare Reseller and Transfer Scams

  March 20, 2018     By HG.org
To ensure a person does not suffer from financial difficulty when purchasing a timeshare, it is critical to understand if a reseller or transfer...

Can I Back Out of a Timeshare Agreement?

  March 20, 2018     By HG.org
Getting out of a contractual agreement is often difficult if the final paperwork signed finalizes and then processes for all involved parties....

Rental Housing and ADA Compliance

  March 16, 2018     By HG.org
Violations of the Fair Housing Act and the Americans with Disabilities Act could lead to the property owner, landlord or renting agency to face...

Potential Remedies for Timeshare Relief

  March 13, 2018     By HG.org
It is when the owner of a timeshare interest wants to sell or transfer the ownership to another that a remedy is often necessary due to...

Potential Hidden Fees Involved in Timeshares

  March 12, 2018     By HG.org
Timeshare interests purchased by a new owner may incur additional fees based on the state, city or local area where the property actually...

Rowland Factors Used in California Real Estate Disputes

  March 8, 2018     By HG.org
The Rowland Factors in real estate conflicts may provide the claim with a means of limiting the possible liability in premises disputes. When...

Lack of Home Ownership Among Millennials

  March 8, 2018     By Fesenmyer Cousino Weinzimmer
A 2013 article written by Joel Stein in Time Magazine examines Millennials and the stereotypes surrounding them. Stein begins with the usual...

Hong Kong Uses Massive Fiscal Surplus to Spur Innovation and Alleviate Taxes

  March 8, 2018     By Masson de Morfontaine
Hong Kong recently announced record-breaking fiscal surplus of 138 billion HKD from the 2017-18 fiscal year. This is mostly thanks to high...

Beware of Timeshare Resale Scams

  March 7, 2018     By HG.org
From fraudulent claims of what the property is and where to scams of various individuals selling no actual building, it is important for buyers...

Deed Mistakes: The Impact on a Chain of Title

  March 7, 2018     By HG.org
Any type of deed mistake could lead to utter disaster in the chain of title for real estate deals, sales and transactions for the owner or...

Can I Sell a Timeshare?

  March 6, 2018     By HG.org
Before the owner of a timeshare interest purchases part of the property rights, it is best to read the contract fully, as some of these have...

Inherited HOA Property: What Are My Rights and Obligations?

  March 6, 2018     By HG.org
Inheriting a property that has an attachment to a homeowners’ association could come with various problems and issues if the heir does not...

Probate of California Timeshares

  February 27, 2018     By HG.org
Inheriting a California timeshare through a will from the deceased estate owner is possible and occurs through the courts in this state by...

Administrative Resolutions for Timeshare Legal Issues

  February 26, 2018     By HG.org
There are agencies that may provide a legal resolution for timeshare issues that exist with the primary company or the previous owners that sold...

Interstate Land Sales Act and Its Implications

  February 23, 2018     By HG.org
The Interstate Land Sales Full Disclosure Act affects real estate sales and projects with buyers, government agencies and legal processes. The...

Timeshare Frauds against the Elderly

  February 20, 2018     By HG.org
Developers and owners of timeshare properties are defendants in litigation due to various scams against the elderly where there are instances of...

Tax in Real Estate Sales in Italy

  February 19, 2018     By SMAF & Associati, Studio Legale
When a buyer purchases a building he must pay the Property Registration Tax (Imposta di Registro) or as an alternative the VAT, the Imposta...

Responsibility for Defects and/or Variations in Construction Works in Italy

  February 19, 2018     By SMAF & Associati, Studio Legale
Under Italian law, if there are visible defects, the client should not accept the works otherwise he will lose the right to his guarantee. In...

Basic Guide to Real Estate Investment in Italy

  February 19, 2018     By SMAF & Associati, Studio Legale
A basic guidance to Italian legal system of real estate law. In any case, it is advisable to not sign any purchase contract before having the...

Is My Husband’s Military Pension Considered Marital Property?

  February 19, 2018     By HG.org
When military personnel marry someone, these individuals may face their pension or other benefits becoming part of the marriage with...

Gross Negligence in Real Estate Property Contracts

  February 13, 2018     By HG.org
When a lawyer’s hire is necessary for real estate property contracts, the issues with gross negligence may arise where there is an issue with...

Can Bankruptcy Solve Home Mortgage Problems?

  February 12, 2018     By HG.org
Home mortgage problems often lead to default and foreclosure of the property the individual is attempting to purchase. While bankruptcy may be...

Impact of Non-Conforming Use on Commercial Real Estate Contract

  February 9, 2018     By HG.org
When an owner of land or property has made changes or improvements to the land before current zoning laws are in effect, he or she has taken...

What Causes Indoor Air Pollution and When Am I Liable?

  February 7, 2018     By HG.org
Air pollution is a serious problem for workers and those that reside indoors for most of the day or night, and these issues could lead to...

Ground Leases to Retain Family Ownership Interests

  February 7, 2018     By HG.org
Leases are necessary to ensure that a person owns a parcel of land for the period of the lease agreement which is a legal binding contract. In...

How to Factor the Depreciation of Commercial Buildings

  By HG.org
Factoring in depreciation of a building that has been purchased for commercial means is important for taxes, the value of assets and if the...

Pitfalls Related to Renewing a Lease

  By HG.org
Renewing a lease is complicated when the tenant does not know what to look out for in clauses and conditions that are added or changed with the...

Crowdfunding Real Estate Ventures

  February 5, 2018     By HG.org
Crowdfunding is the new innovative way for an average person to seek peer-to-peer lending or investing funds for various projects. These methods...

Higher Level of Scrutiny Directed at Restrictive Covenants

  By HG.org
Restrictive covenants in sales, purchases and running of businesses are being scrutinized with more attention to how employees are affected and...

Regulatory Taking Cases

  February 2, 2018     By HG.org
When the government has seized the land of another, this involves regulatory taking, and these cases are complex with various parts that may...

Problems with General Assignments on Leases

  By HG.org
An assignment within a lease document may permit someone to let another individual take over the rental payments and other responsibilities when...

Finding an Attorney to Help Negotiate Your Commercial Lease in San Diego

  January 31, 2018     By Watkins Firm, A Professional Corporation
Your corporate office space, warehouse or manufacturing facilities play a crucial role in the success of your business. An effective commercial...

Determining Whether Net Lease or Gross Lease Is Best for You

  By HG.org
There are several commercial real estate conditions and terms, but the net or gross lease could contain the most significant for the tenant...

Landlords as Plaintiffs: Suing a Tenant for Damages

  January 23, 2018     By HG.org
Landlords often become the plaintiff when the tenant has either not paid rent or has damaged the unit he or she is living in under lease or...

Disparate Impact Claims and Fair Housing Law

  By HG.org
Fair housing laws are violated when a protected class of individuals is harmed through discrimination from the landlord or owner of a building....

What Is Inverse Condemnation?

  By HG.org
Condemning a property is similar to inverse condemnation when the government that seizes the real estate damages it beyond repair. Eminent...

You Want to Buy a Property in Romania? Here's How a Romanian Real Estate Due Diligence Lawyer Can Advise You

Before buying a property in Romania, both the seller and the buyer must ensure that they have all the necessary documents available. Issuing...

Making an Easement on Real Property

  By HG.org
Easements grant certain rights to a person’s land even when the property is not owned by the individual, and making an easement often requires...

Insurance Policies to Have in Place before You Rent Out Your Space

  By HG.org
Before any space should be rented by others, the owner is required to have insurance and other preventative measures in place. It is important...

What to Look for in Planning and Zoning when Purchasing Property

  By HG.org
Purchasing property requires various details explained and understood before the contract is signed by the buyer. Then, the individual must...

How the Foreign Investment in Real Property Tax Act Can Affect California Real Estate Investments

California offers a vast array of opportunities for real estate investors from around the world. In the San Diego area, for example, investors...

Is Landlord Also Liable When HOA Is Responsible for Snow and Ice Removal

  By HG.org
Depending on the lease or rental agreement in a real estate deal, the landlord could also be responsible for removing ice and snow from the...

Who Pays to Replace HVAC Systems in Commercial Leases?

  By HG.org
Commercial leases have various clauses, conditions and terms that affect both the tenant and the landlord with what is paid, how the lease works...

What Types of Easements may be Added to a Deed?

  By HG.org
Easements are placed on property so that another person or company may use a portion of the land for a specific purpose without having actual...

California Law on Using Unlicensed Construction Contractors, their Hiring, Non-Payment, and Liability Risks.

  By HG.org
California has a strict law that prohibits using an unlicensed contractor to complete construction work. Property owners face consequences of...

Delay Claims, Changed Conditions Claims and Extra Work Claims in California Public Contract Law

  By HG.org
Just like with private construction contracts, there may be unforeseen circumstances or other conditions that make it necessary for contractors...

Is It Impossible to Break a Lease before It Begins?

  By HG.org
In the matters of real estate, leasing and renting become complicated with the lease or renter’s agreement between tenant and landlord. It is...

Notice Related to Tenant Evictions and Other Matters

  By HG.org
Eviction notices and the full process usually depend greatly on the state due to the process favoring either the tenant or the landlord in the...

Home Equity Lost Because Seller/Mortgager Misclassified the Type of Home

  By HG.org
There are various complications that may arise when attempting to acquire or secure home equity in a sale or purchase based on the actions of...

Understand the REIQ Contract for Real Estate Transactions in Queensland, Australia

Contracts, paperwork, and attention to the small print are universal necessities no matter where you buy or sell property. For most people, real...

Evictions Based on Matters Other than Non-Payment

  By HG.org
There are additional matters that could lead to eviction other than non-payment of rent, and these issues could cause the tenant to lose out on...

Avoiding Ambiguous Leases, Mortgages and Other Real Estate Agreements

  By HG.org
Leases, mortgages and real estate agreements may be riddled with possible negative conditions, terms and covenants, and it is important to have...

Abusive Clauses in Mortgages in Spain: The “Ground Clause”

Spanish regulation of mortgages and consumers’ rights is under revision. Recent judgments of the Supreme Court of Spain and the European Court...

Backing Out of a Real Estate Deal

  By HG.org
When the buyer or seller is faced with certain circumstances, it is necessary that the deal is rescinded and the buyer or seller backs out of...

What Is an Estoppel Letter in a Real Estate Contract?

  By HG.org
When someone is properly performing due diligence in real estate deals before a contract is signed, an estoppel may be discovered at some point....

Wording of Bank Guarantee in China May Have a Significant Impact on Its Effectiveness in International Project

In the international project, usually, there exists much difference of the geography, culture, language and legal circumstances. The Principals,...

Risks And Rewards Of Buying Property In Dubai

Dubai has long been a popular location for investors, especially expatriates. According to property lawyers in Dubai the dynamics and life style...

Yes, Urban Area Is Transforming in Turkey; But How about the Elaboration of Risks?

As a rapidly developing country with an emerging economy, Turkey spends substantial efforts to increase its activities in a variety of sectors;...

Government Accountability Office Recommends Leasing Practice for Foreign-Owned Real Estate

  By HG.org
Real estate in other countries that is owned by citizens both in and from the United States is affected by taxation and other situations such as...

Deducting Real Estate Losses against Other Income When Preparing Taxes

  By HG.org
Reducing and eliminating additional fees, expenses and taxes is important when someone owns property, has invested in real estate and is...

What Does a Sufferance Tenancy Mean?

  By HG.org
Tenancies usually have a specified term, such as one year, two years or five years. Sufferance tenancy has to do with the type of tenancy that...

Insurance Companies Taken to Task Over Handling of California Wildfires

Thousands of people have been affected by the California wildfires and must face the stressful task of putting their lives back together. Some...

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

  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...

Airbnb Is Asking for User Verification - Is this a Violation of My Privacy?

  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

  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

  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?

  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

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

  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

  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

  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

  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?

  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?

  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...

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

  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

  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

  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

  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?

  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

  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...

Can an HOA Prevent the Lawful Exercise of Gun Rights?

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


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