Real Estate Law Articles

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

And You Thought Your Legal Fees Were High...Banks' Legal Fees Top $103 Billion After Housing Bubble Burst

  By HG.org
If you have ever complained about your legal fees, or been reluctant to hire an attorney because you did not think you could afford it, just be...
FIND LEGAL ARTICLES

When is it Okay Not to Pay Rent

  By HG.org
Leases are tricky things. They are a combination of contract laws, agreements between the parties, and laws and regulations that relate to...

Absurd Animal Cases in Homeowners Associations

  By HG.org
Few cases are more prone to absurd happenings, bizarre government policies, or overly expensive litigation than pet cases.

How to Get Paid for Construction Delay Claims

  By HG.org
The single most common cause of construction litigation for non-private, residential projects is delay. Delays may cascade from one contractor...

Understanding Building Codes

  By HG.org
Building codes establish standards for the construction of buildings and other structures. Virtually every structure in a modern building is...

Dealing with Nuisance Neighbors

  By HG.org
We have all had the situation at some point: a neighbor that cares for nobody but themselves. Stereo blasting late at night, dogs barking or...

Understanding Eminent Domain

  By HG.org
Eminent domain, or the process by which the government takes property from private owners, can be a confusing process for many. The most common...

How to Fight an Eviction

  By HG.org
Getting behind on rent and receiving an eviction notice can be a traumatic experience. While every state is different, most share certain...

What Owners Should Know About Homeowner Association Collections

  By HG.org
If you live in a homeowners association, condominium, co-op, or other community association, you are probably already familiar with the concept...

Failing to Disclose Environmental Defects in Property Sales

  By HG.org
Have you purchased a piece of land only to discover after the sale that there was pollution on the property? Are you thinking of selling a house...

Understanding and Avoiding Construction Liens

  By HG.org
A construction (or "mechanic’s") lien gives builders, contractors, and suppliers legal recourse to get paid for their work as well as any...

BverwG: Housing Development in Weekend Home Area Potentially Admissible - Germany

A housing development for the purposes of portfolio security in an area designated in the building plan as a weekend home area is potentially...

What are Fiduciary Duties?

  By HG.org
We often hear that someone owes us a fiduciary duty, whether in a business setting, certain transactions, or even a condo/co-op or homeowners...

Buying or Selling a Home: Do You Need An Attorney?

A home is most Americans’ single largest investment. Buying your home can be a very exciting purchase; it is also a major financial commitment...

Top Mistakes Made in Foreclosures

  By HG.org
Mortgage foreclosure is the process by which the bank takes your home for not paying your loan. It can be a long, difficult, and confusing...

Short Sales Increase

A short sale allows the lender to avoid the work involved in foreclosing and then trying to sell a property. It allows the homeowner to avoid...

Possibility of Withholding Lease Instalments during Claim for Repayment of Purchase Price - Germany

If a lessee wishes to provisionally suspend the payment of installments, this requires in addition to the cancellation of the purchase agreement...

Brokerage Costs as Income-Related Expenses - Germany

Brokerage costs which are incurred from the sale of a house may be included as work-related expenses for rental income under certain...

Risk Disclosure for Construction Projects by Architects and Structural Engineers - Germany

Architects and structural engineers have a duty to disclose existing risks to the client relating to a construction project, according to the...

Exclusion of Warranty when Selling a House: Claims for Damages Are Still Possible - Germany

Exclusion of warranty may not be effectively valid if the seller of a house has not correctly described any existing defects; therefore, as a...

Commercial Rental Space Is Also Possible in Cases of Mixed Usage of Property - Germany

The classification of a rental space as either residential or commercial conforms to the emphasis given by the lease tenancy agreement.

Leasing of Commercial Premises Also Possible Where There Is Mixed Use - Germany

For the classification of leased premises as residential or commercial tenancies, the focus of the tenancy is decisive.

Commercial Rental Spaces in the Case of Mixed Use of the Rental Premises? - Germany

The classification of a rental space as either a residential or commercial tenancy conforms to the emphasis given by the lease tenancy agreement.

Tenancy Termination Possible, if Landlord Would Like to Use Property for Commercial Purpose - Germany

It is now permissible for a landlord to cancel a lease agreement contract if the landlord wishes to use the leased property for commercial...

Nationalization, Expropriation, Deprivation and the Protection of Foreign Investors in Cameroon

Among the well-known commercial risk of today, expropriation seems to stand out as the most prominent. It represents the most dreadful form of...

Real Estate Purchase Process in Buenos Aires, Argentina

Buying property in Argentina as a foreigner is legally straightforward

Immediate Tax Deducts for Accrued Property Transfer Taxes - Germany

Whether real estate is being acquired entirely new in the context of property acquisition or if it was already in the partnership’s possession...

Update on Foreign Investment in Ukrainian Agricultural Land

The moratorium on alienation of Ukrainian farm land has long prevented meaningful foreign investment into the Ukrainian agricultural sector. To...

BGH on an Architect’s Responsibilities - Germany

In a recent judgement, the German Federal Court of Justice (BGH) provided a few clarifications with respect to the responsibilities of an...

Architect Has to Delimit Budget with Client at Early Stage of Planning - Germany

As a matter of principle, an architect has to delimit the economic framework for a construction project and consider the budget plans of the...

Tenancy Management in Malaysia

  By HG.org
Due to rapid development during the last few years in the property sector, more issues related to property management have arisen. At the same...

Seller Cannot Invoke the Warranty Exemption if There Is Bad Faith - Germany

When a house is sold, the seller is potentially unable to invoke a contractual warranty exemption if he fraudulently failed to fully disclose an...

Buildings: The Matter With Copyrights - Germany

Nowadays the subject “Copyright” in the case of buildings occupies architects and builders more and more.

Bad Faith in Selling Real Estate - Germany

A warranty exemption is potentially of no help to the seller of a house who does not fully and correctly describe an existing defect: where...

LIBYAN CONSTRUCTION LAW: CONTRACTOR’S LIABILITIES

The Libyan Civil Transactions Code of 1953 imposes liabilities on both the contractor and the architect. Article 650 of the Civil Code holds the...

Purchasing of Land in Bulgaria by Foreigners after 01.01.2012

Legal comments on the possibility for acquiring of land by foreign citizens following expiration of the 5-years period of prohibition

Italian Inheritance Rights Depending on Your Marital Status

It is always a difficult topic to address when one talks about the death of a spouse: this article aims to clarify some of the issues people...

Wischmeyer Professional Service Access Plans

The world of law, tax and real estate continue to become more and more complex. Costs can be a strong deterrent to a person seeking professional...

Buying and Selling Real Estate in Jamaica: a Guide for Locals and Foreigners

Buying and selling real estate in Jamaica is marked by the absence of standardized contract. In fact, the process is attorney driven. What looks...

Government Agency Established to Curb Large Banks from Committing Fraud Is Now Targeting Homeowners

Learn how a federal agency, made to protect homeowners, has now turned on them.

Condominium Issues in the Purchase of an Apartment in Malta – What to Look Out For

If you are considering purchasing an apartment in Malta, among your enquiries you should consider what to look out for as far as condominium...

Hungary to Offer Investment-based Permanent Residency for €250,000

A major development in Hungarian immigration policy affecting ’investor residency’ is anticipated imminently. On 27th October, 2012 the ruling...

The United Nations Convention on Contracts for the International Sale of Goods (CISG)

  By Zorlu Law
Formation of the contract under the Vienna Convention on Contracts for the International Sale of Goods 1980 (CISG) in comparison with Turkish...

Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building - Indonesia

  By Leks&Co
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation...

Certificate of Feasible Function under Local Regulation of DKI Jakarta Number 7 of 2010 on Building - Indonesia

  By Leks&Co
Building utilization is an activity of utilizing a building in accordance with the functions which is specified in the building construction...

Judicial Foreclosure Creates Conflict for Redemption Rights and Fair Market Valuation

Arizona borrowers have two foreclosure options: non-disclosure (aka trustee sale) and judicial foreclosures. Arizona borrowers are not...

Law Number 20 of 1961 on Revocation of Rights of Land and the Objects over the Land - Indonesia

  By Leks&Co
Under Article 1 of Law Number 20 of 1961 on Revocation of Rights of Land and/or Objects Over the Land (“Law No.20/1961”), President in an urgent...

Taxation Aspect of Property Sale and Purchase - Indonesia

  By Leks&Co
Business sale and purchase of property has been demanded by many people. In performing the business sale and purchase of property, it does not...

Bankruptcy vs. Loss Mitigation

There are differences between bankruptcy and loss mitigation when it comes to solving your mortgage problems. A Broward County foreclosure...

Top Tips About Binding Arbitration Clauses

The traditional method to handle a contract dispute has been to use the court system which has a long process and can be very expensive. Another...

Leases for Medical Offices

Medical offices need special lease provisions. All leases need negotiation and revision, but leases for physicians need a little more. In this...

How Do You Join a Class Action Lawsuit in Canada?

A class action lawsuit is brought collectively by a large number of people who harbor the same legal complaint against the same defendant....

Check List for Acquiring Landed Property in Ghana

The number of land disputes pending at various courts in Ghana bears testimony to the problems surrounding land acquisitions. One false step in...

Renter’s Have Rights

Have you ever rented an apartment for yourself or one of your kids and wondered if all your rights are being protected and respected when moving...

Summary of the Local Regulation of DKI Jakarta Number 7 of 2010 on Building

  By Leks&Co
Background - The Province of DKI Jakarta is the one of the biggest city in Indonesia. As the capital city of Indonesia, DKI Jakarta provides...

The Breaking, Separation, and Merging of Land - Indonesia

  By Leks&Co
Background - The regulation on breaking, separation, and merging of land is contained in the Government Regulation Number 24 of 1997 on Land...

Legal Aspect of the Grant of Right to Build or Right of Use Over the Right of Ownership Land - Indonesia

  By Leks&Co
Under Article 35 paragraph (1) of Law Number 5 of 1960 on the Principle Provisions of Agrarian (“Agrarian Law”), it is stated as follows: “Right...

Doing Business in the Dominican Republic

Dominican Republic has best legal framework for the Foreign Investment - Legal System - The Constitution of the Dominican Republic defines the...

Know Your Forms - A Step by Step Guide to the HUD-1

The HUD-1. With every refinance transaction you will need to review and sign a HUD-1 form – also known as a settlement statement or just the...

Can You Really Become a Lord of the Scottish Highlands for Less than $50.00?

Some would have you believe that Scots law allows anyone to be the Lord of, if not all he surveys, at least a square foot of the Scottish...

Overview of Immigration Program for Investors in Dominican Republic: How apply for Residence and Citizenship

Every citizen, no matter the country of origin, can apply for the Dominican residence and then for citizenship, providing that fulfills all...

How Bankruptcy Can Help Foreclosure

Facing foreclosure is never easy, but there may be alternatives. If your lender is not willing to negotiate short sales or a loan modification,...

Summary of Minister of Public Housing Regulation Number 06/PERMEN/M/2009 - Indonesia

  By Leks&Co
Background - The purpose of the issuance of Regulation No. 6 is to implement the provisions of Article 7 paragraph (2) and paragraph (3) of...

The Legal Status of Parking Space under Condominium Law - Indonesia

  By Leks&Co
Condominium is a multilevel building which is built in an area that is divided into sections which are structured functionally, whether...

Michigan Tax Tribunal Undergoes Procedural Changes

For various reasons relating to the increase in property tax appeals in recent years, the Michigan Tax Tribunal has found itself in a position...

Can a Real Estate Lawyer in Seattle Help with a Lease?

If you own property and you wish to rent it out to residential or commercial tenants, you may be uncertain of how to get started or of what type...

The Procedure for Foreigners to File a Lawsuit or Initiate a Collection Proceeding in Turkey

In the event that the individual or the legal entity that has conferred power of attorney to a lawyer in Turkey files a lawsuit or initiates a...

About Common Construction Defects

Builders will often have to deal with alleged construction defects that can cause serious litigation issues. From problems with installed air...

General View Over the Provisions Applied to Leases of Real Estate within Turkish Code of Obligations No. 6098

1. Upon the legitimacy of the New Code of Obligations, what kind of a legal arrangement regarding the Real Estate Leases has been enacted? - The...

The Basics of the Home Affordable Refinance Program (HARP)

This article covers the eligibility criteria for homeowners who wish to lower their interest rates and monthly mortgage payments through the...

Before You Hire a Condemnation Attorney Ask These 9 Questions

When the government has condemned you land this is often referred to as eminent domain. When faced with eminent domain, you should consider...

Do I Need a Seattle Real Estate Lawyer to Invest in Real Estate?

If you are considering purchasing investment property, rather than a primary residence, getting help from a Seattle real estate lawyer can be...

Landlords' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 1)

Is it true that my tenant can in terms of the Consumer Protection Act (“CPA”) now cancel the lease by giving 20 business days’ notice, even if...

Tenants' Classical Questions on the Consumer Protection Act in South Africa - Jan 2012 (Part 2)

Can my deposit be used for my last months rental and other obligations to the landlord?

Real Estate Investments in Ghana II

This article provides an overview of the booming real estate market in Ghana. The article looks at some latent problems in the sector and how...

Purchasing Real Estate Property in the Dominican Republic: The Due Diligence Process

Persons, be either Dominican nationals or foreigners desiring to buy, resell or in any way dispose of real estate in the Dominican Republic...

How Will California’s Senate Bill 53 Affect a Broker’s In-House Escrow Services On July 1, 2012?

Learn how California’s Senate Bill 53 will change escrow law and how broker’s in-house escrow services must adapt. A number of real estate...

Adjudication of Land Registration - Indonesia

  By Leks&Co
Definition of adjudication based on Article 1 point 8 of Government Regulation Number 24 of 1997 on Land Registration (“GR No.24/1997″) is...

Acquiring Property in Greece - Buying Property in Greece

If you are planning to acquire real estate in Greece you have to set a perfect plan in order to put everything in the right place and to avoid...

Italian Lawyers, Italian Attorneys or Avvocati? - How to Qualify to Practice Law in Italy

The Italian term “Avvocato” (from Latin “advocate”) is normally translated with similar equivalent terms in the English language, namely with...

Homeowner's Do Not Always Have to Tender (Pay Mortgage) Before Suing the Bank!

Wrongful Foreclosure; Wrongful HAMP Denial: No tender is required to enjoin a foreclosure sale prior to the sale, in the event of [the bank’s]...

Be Bold During Commercial Lease Negotiations

A depressed commercial marketplace has resulted in a tenant’s market. Frequently, the lease terms for "Mom and Pop" shops are spelled out in the...

Foreclosure Defense Basics

This article details the basics of representing the homeowner facing a Maryland foreclosure. With the continued economic crisis, it is important...

Spring Housing Market in Chicago Sprouting New Growth

With the spring buying season quickly approaching, both buyers and sellers are wondering what the new season will have in store for the housing...

Dual Tracking is Expected in Ohio

Plaintiffs in Foreclosure litigation will continue to proceed with the foreclosure litigation despite having a loan modification application...

Defining Blight

When the government wants to take your land it may be because of blight. When the government wants to take your property under Eminent Domain...

How to Avoid Commercial Lease Disputes

The top 10 essential elements of a commercial lease... Most people are pretty familiar with the concept of leasing; most people experience...

Land Registration Activity - Indonesia

  By Leks&Co
Background - Definition of land registration in Government Regulation Number 24 of 1997 on Land Registration (“GR 24/1997”) constitutes...

California Building Codes: What Are the Consequences of Violations Causing Personal Injury?

Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the...

Legal Obligations and Liabilities of Condominium Homeowners’ Associations for the Common Areas in California Law

Legal obligations and liabilities of condominium homeowners’ associations under the Davis-Stirling Act under California law for the maintenance,...

Obligations of Paying Service Charge by the Owner of Condominium Units - Indonesia

  By Leks&Co
Each member of association of owners and tenants of Condominium units (“PPPSRS“) has rights and obligations in relation to management of...

Criminal Act Related to Condominium - Indonesia

  By Leks&Co
Criminal provisions related to condominium is regulated in Article 21 until Article 23 of the Law Number 16 of 1985 (“Law 16/1985″) on...

Architectural Contracts, Disputes Architects, Design Professional Liens, Mechanics Liens and Copyrights

Contracts with Architects are different from many other construction industry contracts. First of all, the contracts are usually form contracts...

Substitution of Subcontractors Listed by Mistake in Bidding on a California Public Works Construction Contract

Correction of subcontractor listing errors and substitution of subcontractors listed by mistake in bidding on a California public works...

Due Process of Law Rights of Government Contractors who are Denied Work or Public Contract Bidding Rights

Due process of law rights of government contractors who are denied work or public bidding rights due to “de facto debarment“ from federal, state...

Why You Need a Real Estate Lawyer

Often times a real estate transaction involves the largest investment of your life. Having a real estate attorney involved can be the best...

Think Again Before You Buy a Foreclosed Home

Foreclosed homes are tempting offers for those looking to become homeowners, but people should be cautious before purchasing a home that has...

Facing Foreclosure? Answers to the Top 7 Legal and Tax Questions: How to Avoid and What to Do

This is a collaboration between me, Adam Schachter, a bankruptcy attorney in Houston Texas, and Michael Plaks, a specialist in IRS Audits in...

Execution of the Mortgage - Indonesia

  By Leks&Co
Background - Mortgage regulated under the Law No. 4 of 1996 on Mortgage (“Mortgage Law”). Under the Mortgage Law, it is regulated that guarantee...

Dominican Law 158-01 of Tourism Incentives for Development

The tax benefits of Law 158-01 may extend to the purchase and acquisition of Dominican Republic real estate such as second homes and vacation...


Find a Lawyer

Find a Local Lawyer