Real Estate Law Articles

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

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...
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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

  February 7, 2018     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

  February 7, 2018     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

  February 2, 2018     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

  January 31, 2018     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

  January 26, 2018     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

  January 19, 2018     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?

  January 18, 2018     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

  January 18, 2018     By Pavel, Margarit & Associates Romanian Law Firm
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

  January 15, 2018     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

  January 11, 2018     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

  January 11, 2018     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

  January 11, 2018     By Bona Law PC
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

  January 10, 2018     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?

  January 9, 2018     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?

  December 22, 2017     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

  December 13, 2017     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

  December 12, 2017     By Carter Capner Law
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

  December 11, 2017     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”

  December 8, 2017     By Giambrone Law
Spanish regulation of mortgages and consumers’ rights is under revision. Recent judgments of the Supreme Court of Spain and the European Court...

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....

Backing Out of a Real Estate Deal

  December 7, 2017     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...

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

  December 7, 2017     By Tianjin Bozhuan Law Firm
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

  December 4, 2017     By Hassan Elhais
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?

  December 4, 2017     By Serap Zuvin Law Offices
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

  November 30, 2017     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

  November 29, 2017     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

  November 27, 2017     By Cutter Law P.C.
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...

Mandatory Arbitration Clause in a Real Estate Agreements - Should You 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...

Legal Provisions to Consider in Restaurant Leases

  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

  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

  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

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?

  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

  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?

  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

  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

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

  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

  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

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

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

  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

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

  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

  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

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,...

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...


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