Legal – Real-Estate-Law EzineArticles
- Lead Paint Rules by Matthew Griffith
Here is a reminder for all home sellers, residential realtors, brokers, investors and property managers to learn, understand and follow the federal lead paint disclosure rules. Read on to learn how to make sure your purchase agreements, leases, land contracts and similar documents comply with this law.
- Does Arbitration Actually Work For Home Inspection Disputes? by Joseph Farsetta
There’s an interesting question. While most disputes surrounding home inspections primarily deal with allegations of negligence on the inspector’s part, what recourse actually exists for the defendant or plaintiff? Well, there are always the courts. Cheap you say? Maybe. Sure it only costs a couple of bucks to file the complaint, but what about costs thereafter?
- Lease Purchase Agreement – Profits and Perils by Jamie Gram
The practice of lease as a method of possessing the custody of a property without securing its ownership was prevalent in different parts of the world since several centuries. During the post industrialization era, lease purchase agreements were used to procure properties such as factory buildings and machineries. However, in recent times lease as a mode of purchase became quite popular in the real estate industry. The monitory benefits and considerations of buying a house or estate on lease attracted both buyers as well as sellers to this system.
- Maintaining Adjoining Property Peace by Joseph Devine
Whether you live in the city or country, a house or an apartment, a ranch or a condo, you will always have neighbors, no matter how far away they might be. While many people become great friends with their neighbors, living on adjoining properties can also come with its fair share of trials and tribulations. Here are some tips to keep the peace between you and your neighbor.
- Coops and Condos – The Applicability of the Business Judgment Rule to Board Decisions by Gregpry Calabro
Cooperative and condominium directors owe a fiduciary duty to the membership to exercise their authority in the best interests of the corporation or association and all of its shareholders and owners. The concept of cooperative living is both utilitarian and libertarian. It embodies community and freedom.
- The City Council Expands the Jurisdiction of the Housing Court to Include Tenant Harassment by Gregpry Calabro
On March 13, 2008, Mayor Michael R. Bloomberg signed Local Law No. 7 of 2008, amending the Administrative Code of the City of New York, expanding the jurisdiction of the Housing Court to include allegation of tenant harassment. What is “tenant harassment?” Tenant harassment is defined under the law as “any act or omission by or on behalf of an owner that…causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.”
- Understanding Remainder and Reversions of Real Estate by Colin Scott
In this article we examine the concepts of remainder and reversions in Jamaica land interest. A review of what happens when all three estates of freehold interest exist at simultaneously and how the tenant would be able to use the Jamaica real estate.
- Private Nuisance on Real Estate and Legal Recourse by Colin Scott
In general terms a person commits a nuisance if he uses his own Jamaica property in such a way as to cause damage to the property of another or to interfere prejudicially with another’s enjoyment of his property. The essence of the nuisance is the damage to the plaintiff and if no damage is caused by the unauthorized act there is no nuisance. It is this fact which constitutes the main distinction between nuisance and trespass to land.
- Features of a Good Lease Purchase Agreement by Jamie Gram
A lease purchase is an arrangement, in real estate circles, where a property owner and a person wishing to use the property in question get into an ordinary lease agreement; but with an option for the person wishing to use the property (now a lessee) to purchase the property upon the end of the lease. It is one of the ways of doing the property business that had almost been forgotten during the just ended real estate boom, but which have since been remembered… and turned out to be rather popular, as the property market goes through a rather tough stretch.
- Understanding Transitional Provisions in Real Estate by Colin Scott
In this article we explain what happens with transitional provisions in Jamaica real estate. Persons practicing real estate business before an Act was put in place was not governed by certain guidelines, see what provisions were available after the Jamaica real estate Act was prescribed.
- Real Estate Agents Obligations to Vendors by Colin Scott
There are obligations that a Jamaica real estate agent must fulfill to the principal in a fiduciary relationship. We examine the duties that an agent or brokers must carry out when dealing with both vendor and purchaser during the purchase or sale of Jamaica property.
- Definition and Essentials of a Valid Real Estate Sales Contract by Colin Scott
A contract may be defined as an agreement between two or more parties to do or to abstain from doing an act and which is intended to create a legally binding relationship. This is typically the same for sale agreements during the sale of Jamaica beachfront properties. There are two basic requirements of a contract.
- Common Law Courts and Real Estate Considerations by Colin Scott
Common law is the collection of rules laid down by generations on judges in the King’s Courts covering all matters of contract and all questions of civil wrongs arising between the King’s subjects. This is still the case as Jamaica real estate still falls under the King of England control.
- Getting the Best Conveyancing Quotes and Services by Iain Stubley
Conveyancing is a tricky business, and one which requires the expertise of a professional to be done right. It takes years to become an efficient conveyancing solicitor, and a great deal of time spent studying hard, which is why it still amazes us that people think they can get away with doing the conveyancing themselves. Not only will people never understand the legal jargon, but the huge number of problems that can occur make it the kind of job that only a real professional can do.
- Vicarious Liability in Tort by Colin Scott
A review of the liability of employer for his employees torts. This is an explanation of vicarious liability in tort, this is when the person that is held responsible for a tort that is committed by another party. This is common place with Jamaica real estate sales contracts or agreements.
- The Characteristics of the Fee Simple in Real Estate Law by Colin Scott
The fee simple is the most ample estate in law and lasts the longest while giving the owner the widest powers of enjoyment, these are the characteristics. This is common place for Jamaica property and real estate.
- Landlord Tenant Forms Protect Landlords and Tenants by James Kahn
So you have decided that living with mom and dad is cramping your style a bit. You’re an adult now and you need a place of your own. Why not rent an apartment? Apartment renting is great for those freshly plucked from the proverbial nest.
- Conditions That Real Estate Contracts Must Meet by Jamie Gram
Different legal jurisdictions have different requirements as to what real estate contracts much contain, if they are to be considered valid. Nonetheless a number of these requirements seem to hold constant across all jurisdictions. In most places, for instance, real estate contracts have to be in writing. Oral agreements between parties, as such, don’t constitute real estate contracts in most places. The contract has to be written, in order for it to be considered legally binding.
- Real Estate Liability and Law of Tort – Private Nuisance and Negligence by Colin Scott
Jamaica real estate also subscribes to private nuisance and negligence in the liability of tort. A person can be liable for actions that can be classified as private nuisance and negligence without knowing that he is indeed breaking the law of tort.
- Real Estate Act 1987 And Regulations on Realty Business by Colin Scott
A review of the act and the regulatory body that governs and monitors Jamaica real estate personnel. If you are involved in real estate business or want to get into that field, it is important to understand a little about who governs and regulates this business.
- Public Nuisance, Trespass and Dispossession of Land by Colin Scott
In this article we explain what public nuisance and trespass and dispossession of Jamaica real estate and land is. Nuisance, trespassing and dispossession of Jamaica beach property will affect everyone who owns or has the responsibility of property.
- Real Estate Sales Contract – Nature and Mode of an Acceptance by Colin Scott
Understanding the acceptance process within a Jamaica real estate sales contract is crucial to what maintains between signing and taking possession of the property. If any party entered into a contract, they must be familiar with the nature and mode of an acceptance.
- Understanding Real Estate and Property Life Interest by Colin Scott
A review of the Jamaica real estate tenant in the matter of a life interest estate. The life interest gives the owner the right to enjoy the Jamaican land only for a lifetime; the following is explaining how he can use this estate in the time of his tenancy.
- Know Your Options by Michael Starvaggi
Recently, one of my clients asked me to draft a lease for a commercial building. He told me that, although his objective had been to sell the building, the proposed tenant did not have money for a down payment and did not want to commit to a purchase at the time. The solution, he said, was that they would enter into a five year lease “with an option.” When I asked him for more details he said that the tenant would have a “right of first refusal” during the lease term, using the phrase interchangeably with “option.”
- Home Inspections – When is Exceeding the SOP Going Too Far? by Joseph Farsetta
“I exceed the Standard of Practice.” Many inspectors make this statement all the time. Many put it in their brochures and on their website. But, what exactly do they mean? What measure can anyone apply, with any degree of certainty, to gauge what can be expected of an inspector who “exceeds the standard of practice?”
- Real Estate Equity and the Equitable Doctrine of Notice by Colin Scott
Explaining when the equitable doctrine of notice is valid. If you are purchasing Jamaica homes for sale, land or any other form of Jamaica property, it is important to understand fully the equitable doctrine of notice as it relates to the legal estate.
- Conveyancing Solicitors – What to Look Out For by David Harfield
Most of us know what it’s like to move houses; maybe your job takes you from county to county or around the country so you’ve done it numerous times, or perhaps you are more of a settler and have only moved once or twice in your lifetime, yet no matter how many times we have entered the conveyancing process of buying or selling a house, the same inevitable complications crop up, with some new ones to boot!
- Using a Land Surveyor As an Expert Witness by Charles Iner
An expert witness, such as a land surveyor, has special knowledge and experience in the subject, allowing them to testify in court about the subject at hand even though the witness is not a party to the court proceedings. The function of an expert witness is to express an expert opinion based on the information provided.
- Rochester Real Estate – Mistakes to Avoid When Signing Residential Real Estate Contracts – Part 1 by James J. Cummings III
Buyers and sellers of residential real estate seem to make the same common mistakes when it comes to signing contracts. Reading this article will help you sidestep some of these mistakes and can save you time, money, and frustration.
- How to Find the Best Conveyancing Solicitor by David Harfield
Whenever you are buying or selling a property, you will need to hire a conveyancing solicitor; this may not seem fair, as you might think that you can deal with all the various aspects of the conveyancing process yourself, yet this is almost certainly not the case. The conveyancing process is a veritable minefield of red tape, permits and mountains of paperwork, in which one tiny mistake could lead to a massive delay in the process, not to mention a costly financial payout in order to correct the error.
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