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Negotiating an International Real Estate Deal

When negotiating with a real estate deal, the most important factors are the clients. However, international deals may require more consideration such as legal, economic and geographical aspects. If a real estate agency has been contracted to deal with international clients or in another country, it is important to fully research the area, understand what is expected and know how the client lives to truly embrace the challenge of global real estate sales.

CJEU Rules Child’s Physical Presence Is Condition for Habitual Residence

Court of Justice of the European Union has ruled in 2017 that when a child is living in a residence for a continued period, this is considered habitual residence. His or her physical presence within the property may be used for means of considering the family or parent and child to live there as at least the primary amount of time through the year.

Differences in Asset Sales or Equity Sales when Selling a Business

Selling a business is complicated, and determining which type of sales to consider may increase the difficulty on the owner. There are documents to draft, sign and file and there are various persons that must be communicated with and contacted for various reasons.

What to Know when the Government Sues to Take Your Property

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 what to do and what knowledge is useful. In order for the landowner to proceed, he or she may need to hire an expert such as a lawyer to ensure his or her rights are protected throughout the process.

If I Quit my Job, Do I Forfeit any Bonus I had been Promised in Writing?

Employment usually brings in certain perks when in seniority or with certain careers. However, if the employment ends, many of the bonuses may be lost if the person leaves the company.

Disinheriting Children in a Last Will and Testament

A last will and testament allows a person to specifically designate individuals whom should receive his or her property. By having a will, the testator can avoid the default rules of the state that determine how much percentage of his or her property different relatives will receive. In this way, the testator can also choose to disinherit an heir.

Conditions and Covenants to Include in a Business Acquisition Agreement

There are certain conditions that should be included when acquiring a new business. These agreements often necessitate covenants or promises that must be applied and provided when buying out or becoming the owner of another company. These may be needed at the behest of the previous owner, or they may be required as his or her conditional sell of the organization.

Significant Legal Issues for Buyers and Sellers of Real Estate

Real estate dealings may be fraught with difficulties and legal concerns based on various factors such as deed claims, special interests, disclosing defects and problems and financing. If someone else has a claim on the property at the time of the sale, the buyer may be facing complications in holding onto the house he or she has just purchased.

Rules Regarding Marijuana in the Workplace in Legalized States

While the entire United States has different laws based on what has been proposed and implemented in each individual state, some of these permit activity that is both illegal and may garner a prison sentence in another. This means that understanding what is permitted for work, home and public life is crucial to keeping within the lawful actions that have been legalized by lawmakers.

Real Estate Law: What Is Unlawful Detainer?

Real estate evictions are often difficult to accomplish based on the state, the tenant and landlord laws and what is permitted. Typically, an eviction is granted to the owner or manager of a rental or lease property where someone pays rent or makes payments on a lease.

How a Family Law Lawyer Helps Divide Complex Assets During a Divorce

When going through a divorce, it is best to ensure a family law lawyer has been hired to assist with the proceedings. These professionals have the knowledge it takes to assist with dividing assets, understanding what complex assets that exist in the marriage and explaining certain details to the spouse.

Do LLCs Have to Follow Certain Corporate Formalities

Even though a Limited Liability Company is not necessarily a corporation, it may be executed and run like one. This would mean that operating formalities would need to mirror that of a larger corporation. However, if the LLC is operated as a smaller business or as its own entity, there may only be certain corporate formalities that are necessary.

Car Dealership Altered the Financial Paperwork, Can I Get Out of the Deal?

Many auto dealers file paperwork when someone comes in for a new deal. On the files that are recorded, there are certain fields that detail the financial situation of the client.

New IRS Regulations on Reporting Obligations of Foreign Financial Assets by Domestic Entities

Individuals are obligated to report all data about foreign financial assets and property under the Hiring Incentives to Restore Employment Act along with regulations provided by the Internal Revenue Service. This applies to domestic entities in the United States where the residence or primary habitat is within the country.

How to Appeal a Professional License Matter

Various actions while working may incur a hearing with the department officials or board in the corresponding company where the incident occurred. When this affects the individual professional to the point of a suspended or revoked license, he or she should seek an appeal for further assistance in the matter.

Legality of Posting Online Reviews of Products

Posting online reviews for products or to inform consumers about the website is a legal gray area in general. However, if these reviews are from the company, family or friends of the business or fake, this is considered a violation per the Federal Trade Commission.

Insurance Requirements Related to Temporary Workers

Insurance is not generally provided to temporary workers without certain factors in place. Because of this, any laws requiring a company to ensure insurance policies are available to employees that only work part-time or as temporary for the holiday seasons may be hard pressed into these types of coverage.

Drawbacks of Suing to Enforce a Confidentiality Agreement and How a Lawyer Can Really Help

Confidentiality agreements are often necessary for business transactions. They are the legally binding agreements between two parties which usually are the employer and employee that are signed by both to ensure certain information remains confidential and each person is prohibiting from revealing the data to anyone that is not part of the agreement.

When Can a Nursing License be Taken Away?

There are various ways a nursing professional may lose his or her license in the medical world. In order to keep this form occurring, it is best to understand what to avoid and how to retain the ability to practice medicine so that income does not become a problem.

Does an Advance Medical Directive Have to be Followed?

An advance medical directive allows a person to write out specific healthcare decisions that they want to make based upon certain conditions, such as being diagnosed with a terminal illness. In the event that the patient is not able to communicate his or her wishes, the directive serves as a guide to medical professionals about the types of medical treatments that the patient would or would not want to receive if he or she were able to communicate this information.

Compliance with Federal Acquisition Regulation for Contracts with the U.S. Government

When a company has been contracted to the United States Government, there are often various regulatory hurdles to jump through by the owners or management.

Requesting the Appropriate Route of Review in Administrative Cases

When an administrative case needs a request for the appropriate route of review, it is important to contact the agency official of the corresponding state where the issue occurred. This means a lawyer versed in administrative cases should be hired to communicate with the proper authorities in these matters.

Legal Effect of Condo Offering Plans

Lease or purchase of a condo, apartment or similar unit is usually handled through a contractual agreement in standard arrangements. There are certain conditions stipulated through these documents, and both parties have clear outlined terms about various issues. This means that when a condo is offered through a plan or special circumstances, there are legal effects that take place.

What Elements Must Be Proven to Secure a Burglary Conviction?

The unlawful entry into a property with the intention of committing a crime is usually considered burglary. There are certain elements that must be proven by the prosecution when a conviction may be the end result of the case.

United Nations Convention and its Impact on Contracts for the Sale of Goods

The United Nations conventions and other meetings are in place to ensure uniform and reasonable regulations are in place across several countries with certain international concerns. Among these is the sale and export of goods between borders and across the United Nations.

What Kinds of Car Purchase Issues are Considered Auto Dealer Fraud?

There are many different types of fraud that may be perpetuated by an auto dealer when working with a client seeking a new vehicle. These may be through invalid income numbers, reports of higher down payments, recorded expenses that are much lower as well as misrepresentation and a lack of disclosure about various items with the vehicle.

When do Employers Have to Provide Time Off for Voting?

Federal law throughout the country does not provide the ability for employees to take time off from work in order to vote. However, most states nationally have certain protections in place if workers feel the need to leave the workplace and vote for the candidate they feel will do the best job.

What Is Post-Secondary Child Support?

Post-secondary support for a child is when, through a court order, a parent paying support to the primary custody parent continues to provide monetary support for college, vocational, trade and graduate school depending on the state, circumstances and how far the youth continues his or her education.

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

When someone is buying, leasing or renting a property, he or she may be under preconceived notions that certain laws or regulations may not apply to him or her due to making the deal after dangers already exist.

When Can I Legally Have My Children Work in the Family Business?

It is important to know when children are legally able to join and work in a family business. This is often determined by age, the amount of hours and other factors that could affect how much the labor laws apply.

Bringing a Lawsuit Against the Police for Brutality

The injuries suffered by victims of police brutality may be extensive and require several medical procedures that are expensive and may not be fully covered by health insurance.

Criminal Charges for Possession of Burglary Tools

Burglary tools are any pieces of equipment or devices that may be used to commit the crime of burglary. These items are typically grouped together such as lock picks and similar items that may be used to break into a building or to steal certain valuables.

The Process of Administrative Appeals

The Freedom of Information Act is connected to administrative appeals processes when benefits or records have been denied. The next step may be an appeal to reconsider the application.

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

When becoming part of a real estate dealing, there are many different issues that may arise. These usually involve documentation complications, financing issues or a larger problem that leads to the contractual agreement being broken. However, some situations include damage of the house while the buyer and seller have not finalized everything.

Can I File a Show-Cause Motion for Child Visitation?

When individuals want visitation rights to their children, they may be confused about the process of going about this. While married parents often have equal rights to their children regardless of their gender, for unmarried parents this is often different.

Importance of Maintaining a Business’ LLC or Corporate Status

The status of a company is often one of the most important business-related items for the owner or upper echelon. This means that registration or keeping the status of a limited liability company or corporation maintained is paramount. This ensures to the public that the organization is sound and there are no legal or administrative issues that could cause financial or economic difficulties to consumers or shareholders.

Extent that a Financial Institution Can Outsource Anti-Money Laundering (AML) Compliance

Anti-money laundering compliance is very important to banks and financial institutions per the United States government. Without adherence to these regulations, a company is open to potential prosecution for various internal activities.

Your Rights Regarding Social Media and Copyright

Everyone online that has access to a computer and the need to connect to social media is able to publish posts with no mind about intellectual property and the protections provided to the content. This means there are potentially hundreds to thousands of published replies, posts and comments that have copyright information available to the world.

Can my Employer Withhold my Pension after I Lost a Whistleblower Case?

When a case is lost where an individual has attempted to reveal illegal or corrupt practices in the company, it is important not to admit defeat. There are other options available. However, if all requirements have been met for benefits through the business, and these have not been received, this could be other illegal actions taken on the part of the organization.

Developing an Export Control Plan

When businesses have products that need to be exported to other countries, it is imperative that a proper control plan is developed for exports.

What to Know When Buying Your First Commercial Property

Buying commercial property may be a complicated matter, and because of this it is important to know as much about the situation and circumstances of commercial property as possible before the dealings are finalized. It is important to ask as many questions as necessary up front and before anything starts.

Role of Criminal Charges on Determining Child Custody

Child custody cases can often become quite contentious with both parents making claims and allegations against the other parent. This strategy is often undertaken to prove to the judge that the parent is unfit to be a primary custodian. One damaging allegation is that the other parent has taken part in criminal activity.

Burglary, Robbery, Shoplifting and Other Property Theft Crimes

There are many different types of theft crimes. It is important to know which of these has been committed so that a prosecutor does not face the case being thrown out when it goes before a judge.

Key Considerations in International Litigation

Business with products and services has spanned the globe, and countries are connected through sales and company interactions. Because of this, litigation has increased around the world with complications, injuries and damages. However, laws in different countries do not have the same considerations or judgments as each other.

White Collar Overtime Exemption Laws

Many business owners and persons in management are unaware that misclassifying employees as either exempt or nonexempt affect various different aspects of the company and could lead to legal complications with taxes and wage or overtime laws that are Implemented.

Legal Reasons to Purchase Real Estate as an LLC

Real estate purchases may be tricky and full of possible problems depending on where the dealing occurs, who is involved and specific regulations in place. Because of this, many find it safer and better to purchase these estates through a company transaction such as with a limited liability company.

Child Custody Litigation Preparation

Child custody cases can be some of the most difficult and emotionally-ridden family law cases. By preparing well before the child custody hearing, a party is more likely to be prepared for the possible outcome and more likely to prevail than if he or she is completely unprepared.

Is it Too Late to Hire a Lawyer to Handle My Medical Malpractice Claim I Filed?

In some situations, a person may file a lawsuit without the assistance of a lawyer. However, once he or she realizes how complicated the process can be, he or she may rethink this strategy. This is often true of medical malpractice claims, which can be some of the most complicated.

Are Handwritten Wills Valid?

Because states did not want to make it more difficult for individuals to dispose of their property, many of them allow for handwritten, or holographic wills. While legally valid in many states, handwritten wills do pose potential problems for clients.

Common Myths Business Owners Have about Copyrighted Material

Many persons that use and reproduce copyright material believe that there are several instances where it is fine to include the exact information or to create something from the source.

When a Startup’s Name Leads to Litigation

Many that start new businesses may not be aware that there are several steps necessary to complete before a company’s name may become public. It is important to register and, in many instances, trademark the name or logo so that it may only be legally used by that one organization.

Legal Effects of Untimely Deaths and their Involvement with Real Estate

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 documents, this causes severe complications and legal consequences. Heirs surviving the deceased are usually entitled to a portion of the estate left behind, but others may be legally owed compensation as well.

New Management and Overtime Rules Released by the Department of Labor

Rules and regulations regarding workers’ time, overtime and benefits change often and may vary based on the state the employee works in, even if he or she does not live there. This means that it is important to keep up with these changes so that it is known what is required and what may be permitted.

Defenses to Charges of Burglary

Defending against charges of burglary is important due to the seriousness of the crime, the possible consequences and the sentencing of the conviction. This means that finding an excellent criminal defense lawyer is crucial for possible success against the charges.

Negotiations of Leases Between Residential Renters and Landlords

Renters and landlords are often at opposing ends in real estate transactions. Many landlords have a standard lease form that they use for all tenants. However, there may come times when a renter wants something other than what is in the boilerplate language a standard lease agreement contains. The renter or the landlord may wish to negotiate different terms. Some ways to accomplish this include:

Legal Aspects of Commercial Lease Guarantees

When renting, leasing or purchasing property, it is vital that the agreement signed which contractually binds two parties together is understood fully. This may mean reading it and asking questions for clarification, hiring a lawyer to assist with the documentation or similar situations.

The Process of Administrative Appeals

The Freedom of Information Act is connected to administrative appeals processes when benefits or records have been denied. The next step may be an appeal to reconsider the application. The judgments issued for these applications are explained by the administration to be in accordance with existing law and policies that are fact driven.

Can You Legally Smoke Marijuana in Federally Subsidized Housing?

There are multiple states that permit the smoking of marijuana for medicinal and recreational use when at home. These laws do not usually extend to the public areas where standard smoking of cigarettes, pipes and cigars are allowed.

New OSHA Rules Regarding Anti-Retaliation Measures

Retaliation in the workplace is not uncommon. When someone has contacted a supervisor or management of something that needs to be corrected, and this causes another person higher in position than the employee, this individual may retaliate. Retaliation may take many forms, but the most known involve the person being fired, laid off for invalid reasons, a dock in pay, a severe reprimand and similar concerns.

Legal Difficulties of Acquiring Child Support from a Parent Located in Another Country

Collecting child support from a non-custodial parent can often be difficult. However, when the parents are in other countries, it can be even more so. Enforcement can be more difficult in these situations. However, there may be options available to the parent with custody and control of the child.

How Businesses Can Be Held Liable for a Security Breach

There are a variety of breaches possible with a company, but none are more crucial to client and customer data than security breaches.

Legal Checkups Every Business Needs

When businesses are progressing forward from the beginning, it is important to ensure legal matters are set correctly and up to date. This means that checkups are performed and accomplished appropriately. It is imperative that companies properly utilize the associated legal channels and processes.

When is an Oral Will Valid?

In most cases, it is recommended that a will be put in writing. This creates more credibility and indicates more clearly how the testator’s wishes should be carried out. However, in some situations an oral will may be created and enforced.

Anti-Corruption Act in Brazil

Brazil enacted a Bill of Law also called the Anticorruption Law that puts civil and administrative liability onto companies and organizations that engage in certain corrupt activity. This places Brazil in the same grouping as many other countries to hold businesses liable for corruption.

Options for LLCs to Break a Deadlock

When a limited liability company partners or co-owners are unable to decide on a court of action, a deadlock occurs. There are procedures in the operations agreement that may assist in preventing this, but when it does happen, it is important to know how to break the deadlock.

How do I Remove my Name from the Florida Sex Offender Registry?

In Florida, a select group of individuals can file a petition to request to have their name removed from the Florida sex offender registry. Due to how serious prosecutors and law enforcement take sex crimes, the ability to be removed from this registry is severely limited and only available in special circumstances.

Guide for Employers on Drafting and Enforcing Non-Compete Agreements

Non-compete agreements are becoming increasingly common in today’s competitive marketplace. These agreements provide greater protections for employers by allowing them to restrict the actions of employees after their service is terminated. Many employers contain non-compete provisions in their employment contracts and condition the job on signing an agreement of this nature.

What Is Considered Arson?

Arson is the act of intentional and malicious causing fires for the destruction of property. There are a variety of arson crimes, and additional charges could be issued based on additional factors such as insurance fraud and theft.

Defenses to Arson Charges

Defending against arson charges is often difficult, but this is more complicated when it appears there is a motive such as insurance or revenge for some reason. A criminal defense lawyer should be hired to assist in creating and building the defensive strategies available.

Key Differences between Robbery and Burglary

The key differences with robbery and burglary could determine sentencing that is light or heavy, fines that may be minor or excessive and other penalties. It is imperative to understand which is worse, how they affect the case and what to do when charges are issued.

Why a Credit Freeze May be Necessary during a Divorce

While divorce is certainly an emotional experience, the financial impact of this transition can have long-lasting consequences. In some situations, it may be advised for a person who is going through divorce to put a freeze on his or her credit as a form of protection.

Acquiring Work Visas in the United States for Employment Purposes

For someone from a foreign country to enter the United States, he or she must acquire a visa. This may be a nonimmigrant visa for a temporary or limited time within the country, or this could be a permanent residence stay with a full immigrant visa.

Dangers of Having an Independent Contractor Sign a Non-Compete Agreement

Having an independent contractor sign a non-compete agreement is an option that some businesses consider because they want to protect their information from disclosure to another party, especially a competitor. However, taking this action can result in unforeseen and significant consequences.

If a Trademark is Granted Temporarily to Another, Do I Lose my Protections?

Trademark protections extend to both the physical manifestation and online presence of the symbol, word or phrase. This means that no matter where the brand is located, it is intellectual property and protected when a trademark has been obtained. It may not be used without the permission of the owner. However, if this permission has been cancelled, the other individual or company no longer has any rights of use or copying the logo or brand.

Wire Transfer Mistake - How Do I Get the Money Back?

Payments to suppliers, contractors and vendors are usually accomplished periodically when items or services have been supplied to the business. However, mistakes are made occasionally that see some organizations and individuals keeping or obtaining monies when nothing has been provided.

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

The implied warranty of habitability relates to residential leases and requires that rented property meet certain standards. This warranty can impact a tenant’s rights and a landlord’s obligations.

Can Closely Held Businesses Have an Advisory Board?

Closely held companies are often kept to a higher standard than many other businesses to produce more and accrue greater amounts of revenue. When there are family or friends on the board or in higher positions in the company for the owner, this becomes more complicated and often difficult to process personally.

How Self-Driving Cars Might Affect Business Laws

With the increase in the need for safety on the roads for the various different incidents and accidents, the self-driving cars may be the answer that law makers and legal regulations are looking for. However, how these autonomous vehicles affect business laws is not fully realized, and it may take some years with these cars on the road before laws are able to catch up with the technology and innovation.

Legal Remedies when a Spouse Has Stopped Paying Spousal Support

When a former spouse does not comply with a court order to pay spousal support, there may be a number of remedies available to the recipient spouse.

Due Diligence in Real Estate 101

Due diligence is essential in many different aspects of business to include real estate property purchases and selling. To ensure due diligence is accomplished, those involved must investigate the situation and ensure all legal and other matters are taken care of to include provisions, conditions, contracts and any other related concerns.

Burglary: Beyond Breaking and Entering

Burglary is known as an activity where someone illegally enters some structure, home or building with the intent to commit a crime such as theft. These incidents usually transpire during nighttime hours, and the penalties are often severe when conviction is the end result of being caught.

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

There are various clauses and terms and conditions that apply to leases and contracts between landlord and tenant. However, landlords may still be liable for damages due to state laws, regulations and stipulations within standard agreements.

Lawsuits Regarding Fake Reviews

When someone writes a fake review for a website, product or service, it is possible he or she could be sued by the company. It is essential to research and review the law before posting erroneous details and information.

Legality of Paying for Online Reviews

Online reviews for products, services and amenities through websites and companies draw customers and clients in for business. However, some of these organizations pay for the online reviews, which could be in the gray legal area.

What are the Consequences if the Lawyer Does Not Deliver the “Best” Results for His Clients?

The ethical responsibilities of a lawyer are to ensure the best possible results may be delivered to his or her clients. This means researching the matter, creating the best strategy for the court room, negotiating for the best benefits of the person with opposing counsel and a variety of other items.

Getting an Injunction against a Competitor

When a company has been involved in certain types of conduct, it may be possible to seek legal action against it. However, there are specific guidelines to seek the court room assistance in these matters. Getting an injunction is not as easy as just applying for a motion with a judge.

Stolen Items in Hotel, Am I Permitted to View the Hotel Video Footage?

In situations where theft occurs, there may be a few options in progressing to a potential resolution to the matter. It may be possible to seek the assistance of local law enforcement to seek a solution. Another possibility is hiring a lawyer to help throughout the procedures.

How to Account for Property in Another State

In today’s mobile world, many people own property that is located in other states. They may own a vacation home or may keep certain personal property in another state than the state where they currently reside. This property must be carefully accounted for in a person’s estate plan.

My Wife Stipulated Me as the Father on her Will to her Two Sons, but her Family is Challenging it.

Family and adoption laws are often complicated in the United States. If there is no legal action taken for children to be adopted by a stepfather or stepmother, these cases may become even more difficult.

Toxic Mix between Employees and Social Media Use

Social media has been utilized shortly after its inception by the company’s with owners that understand how it may be used to influence and garner a greater amount of consumers. When the media advertises the products or services of a company, the public becomes aware of what is available, how to purchase it and what business to remember when the item is well liked.

Registering and Defending Your IP

Intellectual property most often needs both the standard and extra protection from theft, reproduction or those that would build upon the previous work. This is for multiple types of these works to include what a trademark safeguards. Defending the intellectual property from possible violations generally takes registration, a good lawyer and ensuring the information is used properly.

Inheritance of Real Property and Partition Actions

When an heir receives inherited property, there are several actions that may arise or transpire after probate or other legal activity has completed. These processes may occur due to debts owed by the previous owner, the current owner or through complications that arise at some point.

Conflict of Interest Issues Involved in Business

In the scope of business dealings, there may be any number of conflict of interests that arise. Some of these interests may have the potential to disrupt the business or put a business partner in troubled legal waters.

Dangers of Offering Stock in Your Business to Friends and Family

When someone who owns a business wants to get his or her family and friends involved, this should usually not include stock, interest or shares in the company. This could cause complications. However, there are some instances where this is heard of and standard such as friends and family shares.

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

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 the major assets that many couples must make decisions on is the family home. However, the spouses may not always agree as to what to do with the home. By exploring their options, they may be able to reach a resolution.

Employee Rights When Employer Is Facing Bankruptcy

New employees facing a company going bankrupt need to understand what rights, if any, they have once the business fails. This means research, contacting corresponding officials and asking for advice and information online or through other services.

Protecting Your Website from Liability

Websites fall prey to liability just as businesses and company owners do through various acts, terms, users and injuries. There are many website creators that are sued based on the content and lack of content within the pages.

Funeral Home Breach of Contract

When someone dies, it is important to understand what wishes must be adhered to, and who is responsible for final rights and preparations. This may depend on the state, if an estate plan was in existence at the time of death or if the parents are given the choice.

When a Person May be Able to Seek Emergency Custody

Emergency custody usually is granted when there is a danger to the health, wellbeing or life of a child in a marriage or divorce. Typically, this occurs when one spouse is attempting to leave the other due to possible physical violence or if the life of the child is threatened.

Protecting Yourself from Undisclosed Defects in Residential Property Transactions

When purchasing residential real estate, it is often difficult to avoid potential dangers, risks to health and defects that could cause severe complications. Because of these issues, it is imperative to protect the buyer or owner from possible problems.

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