I have found that landlords generally face the same set of issues and have the same set of questions pertaining to their rights, duties and obligations as landlords under Texas law. The answers to these questions depend on whether residential tenants or commercial tenants are involved. Although commercial and residential property ownership and operation have some similarities, the differences are numerous and diverse enough to justify separate treatment for each area. This article is intended to discuss issues related to commercial property with commercial tenants only. This article is my attempt to create a quick and very general reference guide on the rights, duties and obligations of commercial landlords and operators under the Texas Property Code. It is by no means complete, but hopefully is informative enough to assist the reader in asking informed questions of legal counsel and thus be more efficient and economical while consulting legal counsel.
You should not take this article as legal advice, and I strongly urge you to seek competent legal advice for your specific situation. The Texas legislature updates and passes new laws relating to landlord/tenant issues on a regular basis. In addition, Texas courts regularly interpret these laws. Thus, the laws discussed in this article are in effect as of December 2005. I have not assumed any duty or obligation to update this article beyond this date.
I. Duty to Mitigate
If a tenant abandons the leased premises in breach of the lease, the landlord has the duty to mitigate (lessen) the damages that the landlord would experience as a result of the abandonment. Thus, the landlord should not let the premises lie vacant in hopes of being able to recover lost rents from the tenant. This duty to mitigate damages may not be waived by the tenant, so any provision in the lease that tries to waive this duty or exempt the landlord from liability is void.
II. Security Deposit
A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease.
III. Retention of Security Deposit
Before returning the security deposit, the landlord may deduct from the deposit damages or charges for which the tenant is obligated under the lease or resulting from a breach of the lease. However, normal wear and tear (does not include deterioration that results from negligence, carelessness, accident or abuse) may not be withheld from the security deposit.
If the landlord retains any portion of the security deposit, the landlord must refund the balance of the security deposit and give the tenant a written description and itemized list of all deductions. However, this description and itemized list is not required if the tenant owes rent and no controversy exists concerning the amount of rent owed. The refund and written description and itemized list of all deductions is not required until the tenant gives the landlord a written statement of the tenant’s forwarding address for the purpose of refunding the security deposit. However, failure to provide a forwarding address does not cause the tenant to forfeit its right to receive a refund or a description of deductions.
IV. Refund of Security Deposit
A landlord must refund the security deposit not later than the 60th day after the date the tenant surrenders the premises and provides notice of the tenant’s forwarding address.
V. Change of Landlord/Owner and the Security Deposit
The new owner or landlord of the leased premises is liable for the return of the security deposit starting from the date title to the leased premises is acquired, except where the new owner acquired the premises by foreclosure through a real estate mortgage. However, the former landlord or owner remains liable for the security deposit received while the person was the owner or landlord until the new owner delivers to the tenant a signed statement acknowledging that the new owner has received and is responsible for the tenant’s security deposit and specifying the exact dollar amount of the deposit.
VI. Liability of Landlord for Security Deposit
A landlord who in bad faith retains a security deposit is liable for an amount equal to the sum of $100, three times the portion of the security deposit wrongfully withheld, and the tenant’s reasonable attorneys fees incurred in a suit to recover the deposit. It is presumed that a landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is acting in bad faith.
VII. Preventing Access to Leased Premises
A landlord may not intentionally prevent a tenant from entering the leased premises except with permission of the court unless such prevention results from (i) bona fide repairs, construction or an emergency, (ii) removing the contents of the leased premises abandoned by a tenant or (iii) changing the door locks of a tenant who is delinquent in paying at least a part of the rent. The lease may alter this provision.
VIII. Changing Lock Due to Delinquent Payments
If a landlord changes the door lock due to delinquent rent payments, the landlord must place a written notice on the tenant’s front door stating the name and address or telephone number of the individual or company from which the new key may be obtained. The new key is only required to be provided during the tenant’s regular business hours and only if the tenant pays the delinquent rent. The lease may alter this provision.
IX. Landlord’s Removal of Property After Abandonment by the Tenant
A landlord may remove and store any property of a tenant that remains after the premises has been abandoned. The landlord may also dispose of the stored property if the tenant does not claim the property within 60 days after the date the property is stored. The landlord must deliver by certified mail to the tenant at the tenant’s last known address a notice stating that the landlord may dispose of the tenant’s property if the tenant does not claim the property within 60 days after the date the property is stored. A lease may alter this provision.
X. Abandonment by the Tenant
A tenant is presumed to have abandoned the premises if goods, equipment or other property, in a substantial enough amount to indicate a probable intent to abandon the premises, is being or has been removed from the premises and the removal is not within the normal course of the tenant’s business. The lease may alter this provision.
XI. Interruption of Utilities
If the tenant pays for utility services directly to the utilities companies, the landlord may not interrupt or cause the interruption of such services unless the interruption results from bona fide repairs, construction or an emergency. A lease may alter this provision.
XII. Removal of Doors, Windows, Locks, Hinges, Etc.
A landlord may not remove a door, window, attic hatchway, lock, hinge, hinge pin, doorknob or other mechanism connected to a door, window or attic hatchway cover from the leased premises. Additionally, a landlord may not remove furniture, fixtures or appliances furnished by the landlord from the leased premises. However, the landlord may remove these items for a bona fide repair or replacement, which must be promptly performed. A lease may alter this provision.
XIII. Landlord May Terminate Lease Due to Public Indecency Conviction of Tenant
A landlord may terminate a lease signed or renewed after June 15, 1981 if the tenant or occupant uses the property for an activity for which the tenant, occupant or any of their agent or employee is convicted of public indecency (prostitution, promotion of prostitution, display or distribution of obscene materials, sexual acts with persons under the age of 18, etc.) and such person has exhausted or abandoned all avenues of direct appeal from the conviction. Notice of termination must be by written notice within six months after the right to terminate arises. The landlord obtains the right to possess the property on the 10th day after the date of notice is given.
XIV. Notice Requirement Prior to Eviction
The landlord must give a tenant who defaults or holds over beyond the end of the term at least three day’s written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties contracted for a shorter or longer period of time in a written lease or agreement.
The notice to vacate must be given in person or by mail at the premises in question. If notice is delivered in person, it may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail or by certified mail, return receipt requested, to the premises in question. The notice period starts from the day on which the notice is delivered.
Tri Nguyen practices primarily business, corporate and real estate law in Houston, Texas. He may be contacted by telephone at 713.513.4808 or e-mail at tri@trilawoffice.com.
Not certified by the Texas board of legal specialization.
Article Source: http://EzineArticles.com/?expert=Tri_Nguyen
Monday, September 10, 2007
The Pros and Cons Of Hiring A Real Estate Lawyer
You're travelling in a foreign country and you get arrested for something that you didn't even know was against the law. The potential fine is huge, more than you earn in 10 years. Would you represent yourself in front of judges who might not even speak your language? Not if you had any sense you wouldn't. You'd probably hire a lawyer.
Let's think about that. Most people are not willing to risk 10 years salary when they're in front of the judge, yet those same people are willing to risk that same amount of money, or more, whenever they buy real estate in a foreign country.
What's the risk? There are plenty.
Not being fully aware of the laws that affect the ownership of real estate for starters. In some cases, you're not only subject to the laws of real estate ownership which affect any property owner in that country, but there may be special laws which affect only foreign owners as well as local laws which differ from jurisdiction to jurisdiction.
Perhaps you're not an expert at reading the language that the purchase and sale agreement is written in. Maybe you'll overlook terms or conditions that would be a deal-breaker if you were aware of their presence.
And then there are all of the considerations which affect any buyer whether they are a foreign national or not. Things like zoning or permitted use laws, neighborhood or condo association by-laws, environmental restrictions, tax issues, and all of the other little gremlins that can pop up and turn a great deal into a great deal of misery.
Those are the kinds of things that a Real Estate lawyer is trained to handle. It's not good enough to have your family lawyer or corporate lawyer review the deal. If you want an iron-clad real estate purchase and sales agreement which addresses all of the unique and common issues that you face as a real estate buyer in a foreign country, then you need to hire a real estate lawyer who is licensed to practice in that country. Nothing else is "good enough".
So, if the advantages of hiring a Real Estate lawyer are so obvious, what, if any are the disadvantages of using one for your foreign real estate transactions?
First, a Real Estate lawyer will add cost to the transaction because of his or her fees. While these costs are usually not excessive, they are a consideration.
If you are a seasoned buyer of real estate in a particular country then you may not need a Real Estate lawyer to guide you through the intricacies of property ownership.
Using a Real Estate lawyer may cause the deal to close at a later date due to his or her need to review and revise the purchase and sale agreement.
I'm not really sure, however, if these can be labeled as disadvantages considering the amount of money that you are about to invest in a deal where legal ramifications that pop up later could haunt you for life and drain all of the equity and more out of your foreign property.
If you find this information useful you should visit the site http://www.about-realestate.net where you will find lots of interesting articles related to this topic , all original and wrote by Dascar Daniel.
Article Source: http://EzineArticles.com/?expert=Dascar_Daniel
Let's think about that. Most people are not willing to risk 10 years salary when they're in front of the judge, yet those same people are willing to risk that same amount of money, or more, whenever they buy real estate in a foreign country.
What's the risk? There are plenty.
Not being fully aware of the laws that affect the ownership of real estate for starters. In some cases, you're not only subject to the laws of real estate ownership which affect any property owner in that country, but there may be special laws which affect only foreign owners as well as local laws which differ from jurisdiction to jurisdiction.
Perhaps you're not an expert at reading the language that the purchase and sale agreement is written in. Maybe you'll overlook terms or conditions that would be a deal-breaker if you were aware of their presence.
And then there are all of the considerations which affect any buyer whether they are a foreign national or not. Things like zoning or permitted use laws, neighborhood or condo association by-laws, environmental restrictions, tax issues, and all of the other little gremlins that can pop up and turn a great deal into a great deal of misery.
Those are the kinds of things that a Real Estate lawyer is trained to handle. It's not good enough to have your family lawyer or corporate lawyer review the deal. If you want an iron-clad real estate purchase and sales agreement which addresses all of the unique and common issues that you face as a real estate buyer in a foreign country, then you need to hire a real estate lawyer who is licensed to practice in that country. Nothing else is "good enough".
So, if the advantages of hiring a Real Estate lawyer are so obvious, what, if any are the disadvantages of using one for your foreign real estate transactions?
First, a Real Estate lawyer will add cost to the transaction because of his or her fees. While these costs are usually not excessive, they are a consideration.
If you are a seasoned buyer of real estate in a particular country then you may not need a Real Estate lawyer to guide you through the intricacies of property ownership.
Using a Real Estate lawyer may cause the deal to close at a later date due to his or her need to review and revise the purchase and sale agreement.
I'm not really sure, however, if these can be labeled as disadvantages considering the amount of money that you are about to invest in a deal where legal ramifications that pop up later could haunt you for life and drain all of the equity and more out of your foreign property.
If you find this information useful you should visit the site http://www.about-realestate.net where you will find lots of interesting articles related to this topic , all original and wrote by Dascar Daniel.
Article Source: http://EzineArticles.com/?expert=Dascar_Daniel
Florida Real Estate Lawyers
Buying real estate is a dream for most people. Some people invest a lifetime's savings in realizing the dream. People buy a home expecting trouble free maintenance and considerable comfort. When they want to sell it, they expect the process to go smoothly.
As home or real estate is the largest investment for most people, it is important that they consult a lawyer before signing any important papers related to buying real estate.
real estate lawyers help in guiding the prospective real estate owner. These lawyers specialize in offering consultancy on pre-purchase real estate issues, as well as handling any after-purchase real estate litigations.
In Florida, real estate lawyers function by being members of the Florida Bar Association, an official organ of the Supreme Court of Florida. The fact that these lawyers are members of the bar goes to say that their competency and experience in handling real estate matters are proven.
How do these lawyers help the prospective consumer? When a prospective owner wants to buy a property, the real estate broker gives him the purchase and sale contract. This agreement determines what is bought and how it is bought. It contains details on land, buildings and furnishings, payments, when is the property [also known as `title’] owned, whether it is marketable and if so, to what extent in terms of cost price, title insurance, the zoning regulations, or restrictions, boundary lines, remedial action in case of defaults, whether the agreement includes warranty deed, title insurance and other matters.
Many people prefer their lawyers to prepare the purchase agreement or to carefully review the one prepared by the real estate broker. It’s because real estate lawyers are specialists in analyzing the purchase or sale agreement.
Real estate lawyers also handle cases related to fraud, real estate taxes, mortgage and refinance, as well as rights of tenants and landlords. The Florida Bar Association’s official Website, www.floridabar.org, is an excellent source for finding real estate lawyers in the Sunshine state. Apart from helping consumers find real estate lawyers in Florida, the website hosts pamphlets of information on `Applying For Credit,’ `Buying a Home’ and other topics which will be immensely useful to the consumer.
Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affiliated with Florida Alcohol Treatment.
Article Source: http://EzineArticles.com/?expert=Peter_Emerson
As home or real estate is the largest investment for most people, it is important that they consult a lawyer before signing any important papers related to buying real estate.
real estate lawyers help in guiding the prospective real estate owner. These lawyers specialize in offering consultancy on pre-purchase real estate issues, as well as handling any after-purchase real estate litigations.
In Florida, real estate lawyers function by being members of the Florida Bar Association, an official organ of the Supreme Court of Florida. The fact that these lawyers are members of the bar goes to say that their competency and experience in handling real estate matters are proven.
How do these lawyers help the prospective consumer? When a prospective owner wants to buy a property, the real estate broker gives him the purchase and sale contract. This agreement determines what is bought and how it is bought. It contains details on land, buildings and furnishings, payments, when is the property [also known as `title’] owned, whether it is marketable and if so, to what extent in terms of cost price, title insurance, the zoning regulations, or restrictions, boundary lines, remedial action in case of defaults, whether the agreement includes warranty deed, title insurance and other matters.
Many people prefer their lawyers to prepare the purchase agreement or to carefully review the one prepared by the real estate broker. It’s because real estate lawyers are specialists in analyzing the purchase or sale agreement.
Real estate lawyers also handle cases related to fraud, real estate taxes, mortgage and refinance, as well as rights of tenants and landlords. The Florida Bar Association’s official Website, www.floridabar.org, is an excellent source for finding real estate lawyers in the Sunshine state. Apart from helping consumers find real estate lawyers in Florida, the website hosts pamphlets of information on `Applying For Credit,’ `Buying a Home’ and other topics which will be immensely useful to the consumer.
Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affiliated with Florida Alcohol Treatment.
Article Source: http://EzineArticles.com/?expert=Peter_Emerson
Michigan Real Estate Lawyers
Real estate refers to land, whether it is used for residential, industrial or commercial purposes. Real estate has become a hot topic in Michigan after the state legislature amended the constitution to prohibit eminent domain seizures of property from private owners solely for the purpose of transferring it to other private owners for economic development or to increase tax revenues. This negated an earlier court ruling.
Real estate laws are enacted by the state and the department of Housing and Urban Development, so homebuyers can have a hassle-free and fair buying process. Laws also regulate mortgage rates, and cover landlord-tenant issues and other commercial transactions. Michigan has enacted laws to regulate the practice of real estate brokers, salespersons and appraisers. These are approximately 4,500 appraisers, 20,000 brokers and 40,000 salespersons overseen by the Michigan state board.
Real estate laws are designed to prevent fraudulent behavior during home-buying transactions, establish clear titles for properties, clarify landlord-tenant disputes, and handle other matters regarding the evaluation of property, and disputes between architects, contractors and engineers. Some of the laws in the real estate domain include property laws, tenant laws and construction acts.
Some of the common lawsuits regard foreclosure, a process in which mortgaged property is sold off to pay the loan of the defaulting borrower. Equity skimming is a scam exploiting the foreclosure procedure, in which the scamster lures the financially troubled property owner to deed out the property, promises to pay the mortgage and later defaults on the mortgage payment and allows a foreclosure procedure. Other lawsuits are related to the ownership of the property and landlord-tenant cases.
Besides lawsuits, real estate lawyers handle a broad array of real estate transactions for developers, individuals and businesses. These include the drafting of deeds for property transfers, land contracts, leases, construction contracts and mortgages. They help provide services in insuring properties.
Michigan Lawyers provides detailed information on Michigan Auto Accident Lawyers, Michigan Divorce Lawyers, Michigan Lawyers, Michigan Medical Malpractice Lawyers and more. Michigan Lawyers is affiliated with Michigan Personal Injury Lawyers Info.
Article Source: http://EzineArticles.com/?expert=Jimmy_Sturo
Real estate laws are enacted by the state and the department of Housing and Urban Development, so homebuyers can have a hassle-free and fair buying process. Laws also regulate mortgage rates, and cover landlord-tenant issues and other commercial transactions. Michigan has enacted laws to regulate the practice of real estate brokers, salespersons and appraisers. These are approximately 4,500 appraisers, 20,000 brokers and 40,000 salespersons overseen by the Michigan state board.
Real estate laws are designed to prevent fraudulent behavior during home-buying transactions, establish clear titles for properties, clarify landlord-tenant disputes, and handle other matters regarding the evaluation of property, and disputes between architects, contractors and engineers. Some of the laws in the real estate domain include property laws, tenant laws and construction acts.
Some of the common lawsuits regard foreclosure, a process in which mortgaged property is sold off to pay the loan of the defaulting borrower. Equity skimming is a scam exploiting the foreclosure procedure, in which the scamster lures the financially troubled property owner to deed out the property, promises to pay the mortgage and later defaults on the mortgage payment and allows a foreclosure procedure. Other lawsuits are related to the ownership of the property and landlord-tenant cases.
Besides lawsuits, real estate lawyers handle a broad array of real estate transactions for developers, individuals and businesses. These include the drafting of deeds for property transfers, land contracts, leases, construction contracts and mortgages. They help provide services in insuring properties.
Michigan Lawyers provides detailed information on Michigan Auto Accident Lawyers, Michigan Divorce Lawyers, Michigan Lawyers, Michigan Medical Malpractice Lawyers and more. Michigan Lawyers is affiliated with Michigan Personal Injury Lawyers Info.
Article Source: http://EzineArticles.com/?expert=Jimmy_Sturo
New York Real Estate Lawyers
A New York real estate lawyer practices in accordance with New York law. A New York real estate lawyer handles purchases and sales of condominium apartments, co-operative apartments and homes, commercial and residential real estate transactions, assignments of sub-leases and leases, and more. A New York real estate lawyer also handles litigation involving real estate with banks, architects, building contractors, insurance companies and landlord-tenant litigation. A real estate lawyer handles building and remodeling agreements, and works to settle disputes regarding budget, materials, craftsmanship and other issues.
There are two categories of real estate lawyers in New York: litigation lawyers, who mainly work on lawsuits involving real estate, and transactional lawyers, who mainly deal with agreements and contracts involving real estate. Before hiring a real estate lawyer, clients should decide on which of the two types of lawyers they need. A New York real estate lawyer helps clients drawing up a lease agreement based on New York real estate law when leasing a real estate property, and represents the client if any landlord-tenant disputes arise. When purchasing real estate, one has to sign up a Promissory Note, so it is always advisable to keep a real estate lawyer present.
It is essential for all New York real estate lawyers to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the most prominent real estate law firms are the Law Office of Kevork Adanas; Silverberg, Stonehill, Goldsmith and Haber; the Harry Herbertz Law Offices, and many more.
New York Lawyers provides detailed information on New York Lawyers, New York Personal Injury Lawyers, New York Real Estate Lawyers, New York Bankruptcy Lawyers and more. New York Lawyers is affiliated with New Jersey Business Lawyers.
Article Source: http://EzineArticles.com/?expert=Damian_Sofsian
There are two categories of real estate lawyers in New York: litigation lawyers, who mainly work on lawsuits involving real estate, and transactional lawyers, who mainly deal with agreements and contracts involving real estate. Before hiring a real estate lawyer, clients should decide on which of the two types of lawyers they need. A New York real estate lawyer helps clients drawing up a lease agreement based on New York real estate law when leasing a real estate property, and represents the client if any landlord-tenant disputes arise. When purchasing real estate, one has to sign up a Promissory Note, so it is always advisable to keep a real estate lawyer present.
It is essential for all New York real estate lawyers to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the most prominent real estate law firms are the Law Office of Kevork Adanas; Silverberg, Stonehill, Goldsmith and Haber; the Harry Herbertz Law Offices, and many more.
New York Lawyers provides detailed information on New York Lawyers, New York Personal Injury Lawyers, New York Real Estate Lawyers, New York Bankruptcy Lawyers and more. New York Lawyers is affiliated with New Jersey Business Lawyers.
Article Source: http://EzineArticles.com/?expert=Damian_Sofsian
Virginia Real Estate Lawyers
Real estate lawyers are lawyers whose practices specialize in cases involving real estate transactions, land disputes, and property claims. These lawyers assist buyers and sellers of real estate and property by answering the questions they have regarding the legal aspects of real estate transactions and by guiding them through the entire process of buying or selling real estate. Virginia real estate lawyers are lawyers who offer their legal services for real estate transactions in the state of Virginia. Most of the real estate lawyers in Virginia provide the entire spectrum of real estate legal services like counseling their clients, summarizing documents, and discussing and finalizing the terms of the contracts or transactions.
If you are planning to engage in a real estate transaction in Virginia, then you need to consult a Virginia real estate lawyer. The lawyer must have experience in all commercial and residential real estate transactions. Expertise is particularly required in matters related to the sale of property, financing and development, construction contracts, and real estate and property investments. Typically, experienced real estate lawyers in Virginia are well aware of their clients’ business concerns and objectives.
Real estate lawyers seek both individuals and companies as their clients. Companies that wish to hire a real estate lawyer have to be careful to ensure that the lawyer is not only faithful to the business objectives but is also a thorough professional who can represent the company in a respectful manner. Companies should also make sure that the real estate lawyer that they select has enough experience and adequate training in handling the kind of transactions that the company normally engages in.
An experienced real estate lawyer would prepare the contracts favoring their client. They would conduct a title search to ensure that no claims exist against the property that is being bought. Such careful handling of cases is warranted to ensure that the deal is completed in a secure and hassle-free manner.
Virginia Lawyers provides detailed information on Virginia Lawyers, West Virginia Lawyers, Virginia Accident Lawyers, Virginia Real Estate Lawyers and more. Virginia Lawyers is affiliated with Texas Family Lawyers.
Article Source: http://EzineArticles.com/?expert=Richard_Romando
If you are planning to engage in a real estate transaction in Virginia, then you need to consult a Virginia real estate lawyer. The lawyer must have experience in all commercial and residential real estate transactions. Expertise is particularly required in matters related to the sale of property, financing and development, construction contracts, and real estate and property investments. Typically, experienced real estate lawyers in Virginia are well aware of their clients’ business concerns and objectives.
Real estate lawyers seek both individuals and companies as their clients. Companies that wish to hire a real estate lawyer have to be careful to ensure that the lawyer is not only faithful to the business objectives but is also a thorough professional who can represent the company in a respectful manner. Companies should also make sure that the real estate lawyer that they select has enough experience and adequate training in handling the kind of transactions that the company normally engages in.
An experienced real estate lawyer would prepare the contracts favoring their client. They would conduct a title search to ensure that no claims exist against the property that is being bought. Such careful handling of cases is warranted to ensure that the deal is completed in a secure and hassle-free manner.
Virginia Lawyers provides detailed information on Virginia Lawyers, West Virginia Lawyers, Virginia Accident Lawyers, Virginia Real Estate Lawyers and more. Virginia Lawyers is affiliated with Texas Family Lawyers.
Article Source: http://EzineArticles.com/?expert=Richard_Romando
Georgia Real Estate Lawyers
Thinking of buying a home in George? You might want to consult with a Georgia real estate lawyer. Georgia real estate lawyers can help you in negotiating a contract and also provides assistance with the settlement of your home.
There are usually four kinds of legal fees: there are hourly fee arrangements, contingency fee arrangements, percentage fee arrangements and flat fee arrangements.
The hourly fee arrangement is based on the circumstances surrounding the case and the Georgia real estate lawyer’s expertise. In this arrangement, the client is mostly responsible for miscellaneous expenses such as filing fees, court fees, transcripts and sheriff’s fees. The client will also pay for the time spent in the performance of legal work such as in attending meetings, doing research, drafting documents and making phone calls.
Contingency fee arrangements are most often used in personal injury claims and collection cases, but it can also be used in the settlement of real estate disputes (this payment scheme is not allowed in criminal and divorce cases, though). Under this arrangement, the lawyer will not receive any legal fee unless the client recovers some money. Should the client win the case, the lawyer receives a certain pre-approved percentage of the recovery ranging from twenty five to forty five percent. This percentage depends on the anticipated volume of work, the probability of recovering witness fees and how complex the involved issue is. In cases of appeal, the percentage might go up. The client may also be responsible for out-of-pocket expenses such as filing fees and depositions. Remember that all contingency fees arrangement must be put in writing, bearing the signature of both lawyer and client.
In flat fee arrangements, the lawyer gives a specific legal advice to the client in exchange for a specific sum of money. This type of payment is not usually used in real estate transactions in Georgia, though – it is more applicable in criminal defense matters and also in the preparation of a simple will.
Percentage fee arrangement is sometimes used in the administration of an estate and in the buying and selling of a home. The fee is a fixed percentage of the real estate value.
Georgia Lawyers provides detailed information on Georgia Lawyers, Georgia Injury Lawyers, Georgia Real Estate Lawyers, Georgia Divorce Lawyers and more. Georgia Lawyers is affiliated with Georgia Automobile Insurance Laws.
Article Source: http://EzineArticles.com/?expert=Ross_Bainbridge
There are usually four kinds of legal fees: there are hourly fee arrangements, contingency fee arrangements, percentage fee arrangements and flat fee arrangements.
The hourly fee arrangement is based on the circumstances surrounding the case and the Georgia real estate lawyer’s expertise. In this arrangement, the client is mostly responsible for miscellaneous expenses such as filing fees, court fees, transcripts and sheriff’s fees. The client will also pay for the time spent in the performance of legal work such as in attending meetings, doing research, drafting documents and making phone calls.
Contingency fee arrangements are most often used in personal injury claims and collection cases, but it can also be used in the settlement of real estate disputes (this payment scheme is not allowed in criminal and divorce cases, though). Under this arrangement, the lawyer will not receive any legal fee unless the client recovers some money. Should the client win the case, the lawyer receives a certain pre-approved percentage of the recovery ranging from twenty five to forty five percent. This percentage depends on the anticipated volume of work, the probability of recovering witness fees and how complex the involved issue is. In cases of appeal, the percentage might go up. The client may also be responsible for out-of-pocket expenses such as filing fees and depositions. Remember that all contingency fees arrangement must be put in writing, bearing the signature of both lawyer and client.
In flat fee arrangements, the lawyer gives a specific legal advice to the client in exchange for a specific sum of money. This type of payment is not usually used in real estate transactions in Georgia, though – it is more applicable in criminal defense matters and also in the preparation of a simple will.
Percentage fee arrangement is sometimes used in the administration of an estate and in the buying and selling of a home. The fee is a fixed percentage of the real estate value.
Georgia Lawyers provides detailed information on Georgia Lawyers, Georgia Injury Lawyers, Georgia Real Estate Lawyers, Georgia Divorce Lawyers and more. Georgia Lawyers is affiliated with Georgia Automobile Insurance Laws.
Article Source: http://EzineArticles.com/?expert=Ross_Bainbridge
Ohio Real Estate Lawyers
While Ohio real estate law does not require you to have a real estate lawyer, there are certain instances in which having a lawyer may be a good idea. When buying a property that has any common interest developments, it may be difficult for the average consumer to discern between parts of the property that are for one’s exclusive use versus parts that are for community use. Common interest developments, such as condominiums, may have ongoing litigation that may have an adverse effect on the future value of the property. A real estate lawyer can explain what the possible outcomes of ongoing litigation may be, so you can make an informed choice about whether you want to invest in the property. A real estate lawyer can also help ensure that the title to a property is good before a buyer closes on a sale.
Try and find a lawyer who is recommended by someone you trust, such as a friend or family member. Never choose a real estate lawyer simply based on the recommendation of your real estate agent. However, you may be able to find a lawyer who is also a licensed realtor.
You should ensure that the lawyer specializes in real estate law by checking with state and local bar associations and realtors’ associations. The American College of Real Estate Lawyers (ACREL) website provides links to members by state, and has many members from Ohio.
Most lawyers will answer preliminary questions for free. Make a list of your questions and use this list to help you find a lawyer who you think will represent your interests in a competent and ethical manner. Before making a final decision, ask what the lawyer’s charges are. Some real estate lawyers will work on for a fixed fee in more straightforward cases.
Ohio Lawyers provides detailed information on Ohio Lawyers, Ohio Accident Lawyers, Ohio Real Estate Lawyers, Ohio Bankruptcy Lawyers and more. Ohio Lawyers is affiliated with Pennsylvania DUI Law.
Try and find a lawyer who is recommended by someone you trust, such as a friend or family member. Never choose a real estate lawyer simply based on the recommendation of your real estate agent. However, you may be able to find a lawyer who is also a licensed realtor.
You should ensure that the lawyer specializes in real estate law by checking with state and local bar associations and realtors’ associations. The American College of Real Estate Lawyers (ACREL) website provides links to members by state, and has many members from Ohio.
Most lawyers will answer preliminary questions for free. Make a list of your questions and use this list to help you find a lawyer who you think will represent your interests in a competent and ethical manner. Before making a final decision, ask what the lawyer’s charges are. Some real estate lawyers will work on for a fixed fee in more straightforward cases.
Ohio Lawyers provides detailed information on Ohio Lawyers, Ohio Accident Lawyers, Ohio Real Estate Lawyers, Ohio Bankruptcy Lawyers and more. Ohio Lawyers is affiliated with Pennsylvania DUI Law.
Article Source: http://EzineArticles.com/?expert=Alison_Cole
Las Vegas Real Estate Lawyers
When one decides to buy a house, he plans to invest most of his money in this major asset. For the same reason, great care becomes crucial, and that is when the need for a good real estate lawyer comes in.
A Las Vegas real estate attorney will play the role of a watchdog who can guide a client through the details and paperwork necessary for any house sale in Las Vegas. His work includes preparing and reviewing the client’s sales contract, and making sure that buyers are aware of exactly what they're getting and not getting. A diligent lawyer will act as a liaison between the buyer and the lender in order to avoid any last-minute surprises. He would then summarize the documents, which should be signed by the client to facilitate the transaction. Sometimes, after the sales contract is approved, problems may arise which might require the contract to be revised. At this stage, a good Las Vegas real estate lawyer will help settle such disputes peacefully. Depending on the amount of time spent on the case, Las Vegas real estate lawyers will charge flat fees of anywhere from $300 to $1,000.
However, the job of a Las Vegas real estate lawyer goes beyond handling the sale and purchase of a house. It also includes negotiating and planning agreements for purchases and sales of businesses. They also represent purchasers or sellers in real estate transactions, for example, finalizing the contract of commercial or retail properties.
It is also the duty of a Las Vegas real estate lawyer to act as a local counsel and issue opinion letters on Las Vegas issues in transactions throughout the United States and overseas.
Las Vegas Lawyers provides detailed information on Las Vegas Lawyers, Las Vegas Bankruptcy Lawyers, Las Vegas Real Estate Lawyers, Las Vegas Personal Injury Lawyers and more. Las Vegas Lawyers is affiliated with Fort Worth Criminal Attorneys.
Article Source: http://EzineArticles.com/?expert=Kevin_Stith
A Las Vegas real estate attorney will play the role of a watchdog who can guide a client through the details and paperwork necessary for any house sale in Las Vegas. His work includes preparing and reviewing the client’s sales contract, and making sure that buyers are aware of exactly what they're getting and not getting. A diligent lawyer will act as a liaison between the buyer and the lender in order to avoid any last-minute surprises. He would then summarize the documents, which should be signed by the client to facilitate the transaction. Sometimes, after the sales contract is approved, problems may arise which might require the contract to be revised. At this stage, a good Las Vegas real estate lawyer will help settle such disputes peacefully. Depending on the amount of time spent on the case, Las Vegas real estate lawyers will charge flat fees of anywhere from $300 to $1,000.
However, the job of a Las Vegas real estate lawyer goes beyond handling the sale and purchase of a house. It also includes negotiating and planning agreements for purchases and sales of businesses. They also represent purchasers or sellers in real estate transactions, for example, finalizing the contract of commercial or retail properties.
It is also the duty of a Las Vegas real estate lawyer to act as a local counsel and issue opinion letters on Las Vegas issues in transactions throughout the United States and overseas.
Las Vegas Lawyers provides detailed information on Las Vegas Lawyers, Las Vegas Bankruptcy Lawyers, Las Vegas Real Estate Lawyers, Las Vegas Personal Injury Lawyers and more. Las Vegas Lawyers is affiliated with Fort Worth Criminal Attorneys.
Article Source: http://EzineArticles.com/?expert=Kevin_Stith
Massachusetts Real Estate Lawyers
Buying/ selling real estate in Massachusetts can get you into a tangle if you are not aware of the formalities. This is where a lawyer should come in to the picture to help you with all the legal aspects, because each contract or deed you sign is legally binding. This means it has a lot of legal jargon attached that a lawyer can help you decipher. For instance, the Massachusetts law puts an obligation on the seller to disclose certain information to the buyer. Certain information can be withheld unless the buyer asks for it. The buyer, as well as the seller, should be specifically aware of their rights and responsibilities before entering into an agreement.
Massachusetts’s real estate lawyers help clients in several aspects: preparation and review of the sale deeds, providing advice on financing and negotiation, dealing with any litigation, and much more. Everything from home inspection, to the purchase and sale agreement and the mortgage/financing aspects can be discussed with a legal expert. The most important thing the lawyer will do is ensuring that no other person has a claim to the property. This could be especially difficult with inheritances, especially where the person/persons concerned are no longer alive. Real estate contracts are different from other contracts in the sense the courts can force the execution of the contract under a special remedy called “specific performance.” Another important concept is the “Equitable conversion,” under specific performance that says the buyer becomes an equitable owner of the property even before the delivery of the deed. The seller remains a holder of the legal title as a security for the payment. Sometimes, the buyer and seller can disagree on aspects like repairs, holdback of funds, appliances and built-ins, deposit amounts, and ‘use and occupancy’ agreements. A lawyer can handle all these problems. Another common real estate problem is “adverse possession.” It is the process of acquiring title to a property by occupying it physically for a long time. Such cases are dealt with using special lawyers at the Land Court.
Ideally, a good Massachusetts real estate lawyer will offer you sound advice in order to prevent any future problems. There are several legal firms in Massachusetts, where you can locate a good lawyer. Most of them can be looked up on the Internet. These companies o have websites where clients can contact lawyer or request information.
Massachusetts Lawyers provides detailed information on Massachusetts Lawyers, Massachusetts Real Estate Lawyers, Massachusetts Divorce Lawyers, Massachusetts Personal Injury Lawyers and more. Massachusetts Lawyers is affiliated with Louisiana Real Estate Lawyers.
Article Source: http://EzineArticles.com/?expert=Steve_Valentino
Massachusetts’s real estate lawyers help clients in several aspects: preparation and review of the sale deeds, providing advice on financing and negotiation, dealing with any litigation, and much more. Everything from home inspection, to the purchase and sale agreement and the mortgage/financing aspects can be discussed with a legal expert. The most important thing the lawyer will do is ensuring that no other person has a claim to the property. This could be especially difficult with inheritances, especially where the person/persons concerned are no longer alive. Real estate contracts are different from other contracts in the sense the courts can force the execution of the contract under a special remedy called “specific performance.” Another important concept is the “Equitable conversion,” under specific performance that says the buyer becomes an equitable owner of the property even before the delivery of the deed. The seller remains a holder of the legal title as a security for the payment. Sometimes, the buyer and seller can disagree on aspects like repairs, holdback of funds, appliances and built-ins, deposit amounts, and ‘use and occupancy’ agreements. A lawyer can handle all these problems. Another common real estate problem is “adverse possession.” It is the process of acquiring title to a property by occupying it physically for a long time. Such cases are dealt with using special lawyers at the Land Court.
Ideally, a good Massachusetts real estate lawyer will offer you sound advice in order to prevent any future problems. There are several legal firms in Massachusetts, where you can locate a good lawyer. Most of them can be looked up on the Internet. These companies o have websites where clients can contact lawyer or request information.
Massachusetts Lawyers provides detailed information on Massachusetts Lawyers, Massachusetts Real Estate Lawyers, Massachusetts Divorce Lawyers, Massachusetts Personal Injury Lawyers and more. Massachusetts Lawyers is affiliated with Louisiana Real Estate Lawyers.
Article Source: http://EzineArticles.com/?expert=Steve_Valentino
Real Estate Lawsuit - An Interesting Case
The stage: A million-dollar condo in one of the top pre-construction developments in South Florida, a high-rise oceanfront luxury building on a prime Beach location.
The complaint: Buyer signed a contract and paid the deposit. A few months later and well before scheduled completion, he is given notice of certain modifications to the building. The most significant was about the private elevator to his unit. The developer is now announcing that the private elevator will be shared between two apartments.
Other changes imply reduction of certain amenities areas.
The buyer wants to cancel the contract and get his deposit back alleging that the changes will substantially decrease the value of his condominium unit in this ultra-luxury building.
The developer does not agree, stating that the proposed changes are not material or substantial and would therefore be allowed by the contract. It is not refunding the buyer’s large deposit.
Two years ago, it wouldn’t even have been an issue. The buyer would reluctantly agree to the changes since his contract would have meant a couple of hundred thousand dollars profit by just “flipping” it to one of the dozens of eager investors on a waiting list.
But this is 2006 and things have changed a lot. Developers cannot find that waiting list anymore and investors are leery of the market’s future.
The case is in its initial phase.
It is not a really unusual situation and I wouldn’t have pointed it out but because it is illustrative enough of how the market has changed.
What is your opinion and what is your prediction of the outcome? I would value your input...
Please visit my website: http://www.condo-southflorida.com and write me with your comments at: hbnathan@bellsouth.net
Article Source: http://EzineArticles.com/?expert=Henry_B._Nathan
The complaint: Buyer signed a contract and paid the deposit. A few months later and well before scheduled completion, he is given notice of certain modifications to the building. The most significant was about the private elevator to his unit. The developer is now announcing that the private elevator will be shared between two apartments.
Other changes imply reduction of certain amenities areas.
The buyer wants to cancel the contract and get his deposit back alleging that the changes will substantially decrease the value of his condominium unit in this ultra-luxury building.
The developer does not agree, stating that the proposed changes are not material or substantial and would therefore be allowed by the contract. It is not refunding the buyer’s large deposit.
Two years ago, it wouldn’t even have been an issue. The buyer would reluctantly agree to the changes since his contract would have meant a couple of hundred thousand dollars profit by just “flipping” it to one of the dozens of eager investors on a waiting list.
But this is 2006 and things have changed a lot. Developers cannot find that waiting list anymore and investors are leery of the market’s future.
The case is in its initial phase.
It is not a really unusual situation and I wouldn’t have pointed it out but because it is illustrative enough of how the market has changed.
What is your opinion and what is your prediction of the outcome? I would value your input...
Please visit my website: http://www.condo-southflorida.com and write me with your comments at: hbnathan@bellsouth.net
Article Source: http://EzineArticles.com/?expert=Henry_B._Nathan
Real Estate Law in China for Foreign Investors
What the Law Says
In China, neither domestic companies nor Foreign Invested Enterprises may own land outright; instead they own Land Use Rights. There are two kinds of Land Use Rights – Allocated and Granted. In comparison with Western common law concepts, Allocated Land Use Rights are in some way similar to leaseholds, and Granted Land Use Rights are in some ways similar to life estates.
Allocated Land Use Rights are generally provided by the government for an indefinite period (usually to state-owned entities) and cannot be pledged, mortgaged, leased, or transferred by the user. Furthermore, Allocated land can be reclaimed by the government at any time.
Granted Land Use Rights are provided by the government in exchange for a grant fee, and carry the rights to pledge, mortgage, lease, and transfer within the term of the grant. Land is granted for a fixed term – generally 70 years for residential use, 50 years for industrial use, and 40 years for commercial and other use. The term is renewable in theory (although no foreign investor has been in China long enough to find out how this works in practice). Unlike the usual case in Western nations, Granted land must be used for the specific purpose for which it was granted.
Allocated Land Use Rights may be converted into Granted Land Use Rights upon the payment of a grant fee to the government. Even Granted Land Use Rights are subject to expropriation by the government under unusual circumstances (in exchange for fair compensation similar to the eminent domain power in the US). This state of affairs tends to work in favor of the foreign investor – land granted to Foreign Invested Enterprises is seldom expropriated, but agricultural land is often expropriated in order to make room for foreign invested projects.
How the Law Applies to Foreign Invested Enterprises
Most foreign invested Joint Ventures obtain Land Use Rights from the Chinese party. A common problem is that the Chinese party holds only Allocated Land Use Rights for the land it occupies (be looking for this if the Chinese party is a state-owned entity). In this case, the authority to transfer the Land Use Rights is vested in the local Land Administration Bureau, and the Chinese party will not have the right to transfer it to the Joint Venture.
Nevertheless, if the Joint Venture can purchase long-term Granted Land Use Rights from the Land Administration Bureau through a land use grant contract, the Joint Venture will then be able to mortgage the land or transfer it to a third party. Keep in mind, however, that vacant land must be 25% developed before Granted Land Use Rights can be acquired. Do not attempt to acquire Granted Land Use Rights if you do not intend to develop it within a short time, because even if the land qualifies as 25% developed and thus eligible for a grant, it can still be classified as “vacant”, and vacant land can be reclaimed if development is not begun within 2 years of transfer.
A second option would be for one of the investors to obtain Granted Land Use Rights and then lease the land to the Joint Venture. However, vacant land cannot be leased to a third party (such as a Joint Venture or other Foreign Invested Enterprise) by the grantee. It is also worth noting that a lease needs to be registered in order to protect the leasehold against potential competing claims.
Thirdly, if you are willing to settle for Allocated Land Use Rights, the Foreign Invested Enterprise could simply have the land allocated to it by the local Land Administration Bureau.
In the case of a Joint Venture, a fourth option would be to have the Chinese party contribute its Allocated Land Use Rights to the Joint Venture as part of its capital contribution, in which case the Chinese party would be liable for annual land use fees.
Another common problem is that the land and the building(s) on it are owned by different parties, creating a potentially messy legal situation if all parties are not willing to cooperate.
Most importantly, it would be a good idea to require the Chinese party to prove the status of its Land Use Rights with documentary evidence before applying for project approval. Further, pre-transfer due diligence should include a thorough environmental impact self-assessment (see the Glossary for details). Finally, keep in mind that payment and transfer of ‘title’ through public registration with the Land Administration Bureau cannot take place simultaneously – registration of land transfers will not be allowed unless a receipt for payment is submitted with the registration transfer application.
David Carnes is licensed to practice law in California. He speaks and reads Mandarin Chinese and has several years experience working with Chinese law firms and Sino-American joint ventures. Check out his website, Import From China.
Article Source: http://EzineArticles.com/?expert=David_Carnes
In China, neither domestic companies nor Foreign Invested Enterprises may own land outright; instead they own Land Use Rights. There are two kinds of Land Use Rights – Allocated and Granted. In comparison with Western common law concepts, Allocated Land Use Rights are in some way similar to leaseholds, and Granted Land Use Rights are in some ways similar to life estates.
Allocated Land Use Rights are generally provided by the government for an indefinite period (usually to state-owned entities) and cannot be pledged, mortgaged, leased, or transferred by the user. Furthermore, Allocated land can be reclaimed by the government at any time.
Granted Land Use Rights are provided by the government in exchange for a grant fee, and carry the rights to pledge, mortgage, lease, and transfer within the term of the grant. Land is granted for a fixed term – generally 70 years for residential use, 50 years for industrial use, and 40 years for commercial and other use. The term is renewable in theory (although no foreign investor has been in China long enough to find out how this works in practice). Unlike the usual case in Western nations, Granted land must be used for the specific purpose for which it was granted.
Allocated Land Use Rights may be converted into Granted Land Use Rights upon the payment of a grant fee to the government. Even Granted Land Use Rights are subject to expropriation by the government under unusual circumstances (in exchange for fair compensation similar to the eminent domain power in the US). This state of affairs tends to work in favor of the foreign investor – land granted to Foreign Invested Enterprises is seldom expropriated, but agricultural land is often expropriated in order to make room for foreign invested projects.
How the Law Applies to Foreign Invested Enterprises
Most foreign invested Joint Ventures obtain Land Use Rights from the Chinese party. A common problem is that the Chinese party holds only Allocated Land Use Rights for the land it occupies (be looking for this if the Chinese party is a state-owned entity). In this case, the authority to transfer the Land Use Rights is vested in the local Land Administration Bureau, and the Chinese party will not have the right to transfer it to the Joint Venture.
Nevertheless, if the Joint Venture can purchase long-term Granted Land Use Rights from the Land Administration Bureau through a land use grant contract, the Joint Venture will then be able to mortgage the land or transfer it to a third party. Keep in mind, however, that vacant land must be 25% developed before Granted Land Use Rights can be acquired. Do not attempt to acquire Granted Land Use Rights if you do not intend to develop it within a short time, because even if the land qualifies as 25% developed and thus eligible for a grant, it can still be classified as “vacant”, and vacant land can be reclaimed if development is not begun within 2 years of transfer.
A second option would be for one of the investors to obtain Granted Land Use Rights and then lease the land to the Joint Venture. However, vacant land cannot be leased to a third party (such as a Joint Venture or other Foreign Invested Enterprise) by the grantee. It is also worth noting that a lease needs to be registered in order to protect the leasehold against potential competing claims.
Thirdly, if you are willing to settle for Allocated Land Use Rights, the Foreign Invested Enterprise could simply have the land allocated to it by the local Land Administration Bureau.
In the case of a Joint Venture, a fourth option would be to have the Chinese party contribute its Allocated Land Use Rights to the Joint Venture as part of its capital contribution, in which case the Chinese party would be liable for annual land use fees.
Another common problem is that the land and the building(s) on it are owned by different parties, creating a potentially messy legal situation if all parties are not willing to cooperate.
Most importantly, it would be a good idea to require the Chinese party to prove the status of its Land Use Rights with documentary evidence before applying for project approval. Further, pre-transfer due diligence should include a thorough environmental impact self-assessment (see the Glossary for details). Finally, keep in mind that payment and transfer of ‘title’ through public registration with the Land Administration Bureau cannot take place simultaneously – registration of land transfers will not be allowed unless a receipt for payment is submitted with the registration transfer application.
David Carnes is licensed to practice law in California. He speaks and reads Mandarin Chinese and has several years experience working with Chinese law firms and Sino-American joint ventures. Check out his website, Import From China.
Article Source: http://EzineArticles.com/?expert=David_Carnes
Atlanta Real Estate Law
The main idea behind the formulation of Real Estate Laws is the protection of public interest. This license law pertaining to real estate in Atlanta has been in place for a very long time, since 1926 to be exact. Some changes were effected in the law in 1999. The headquarters of the Georgia Real Estate Commission is in Atlanta.
For either buying or selling a house in Atlanta you will need to use the services of a broker. The broker's commission is generally p
aid by the seller.
People do not step into the property market with ready cash in hand. Most home buyers need to borrow money in order to purchase their home. Even people who have enough assets to liquidise and finance a new home go in for financing deals as in the long run the returns on the money are better as real estate appreciates pretty fast. At times tax relief is a main reason for going in for a mortgage. The home loan taken by property buyers is called a "mortgage." Generally, a mortgage is a loan of money to the home owner secured by a "lien" on the real estate. The law provides for issues like non payment of mortgages, foreclosure and the like.
Rules regarding the fine details of mortgage deals are laid down specifically by law. There are basically three types of mortgage options. A fixed rate mortgage carries an interest rate that remains fixed throughout the term of the mortgage. The second option is the adjustable rate mortgage that carries an initial fixed rate of interest. And after a fixed time interval the rate of interest reflects market trends. The third option is a balloon mortgage under which after a fixed monthly payment for a fixed time period the balance becomes payable all at once. Generally those who do not qualify for the first two types of mortgages opt for this one. And when the fixed time period is over they go in for refinancing the mortgage. Another option available is referred to as the home equity loan. Under this a floating rate of interest over a period of time is applicable.
Direct lenders such as banks and other financial institutions offer loans. The applicant's ability to pay back the loan is assessed and once all formalities are completed the loan comes through. Getting the best interest rates will however need some homework as rates vary from bank to bank and region to region. A good place to get mortgage related information would be http://www.iown.com.
Atlanta Real Estate provides detailed information on Atlanta Real Estate, Atlanta Real Estate Agents, Atlanta Commercial Real Estate, Atlanta Real Estate Listings and more. Atlanta Real Estate is affiliated with Chicago Suburb Real Estate.
Article Source: http://EzineArticles.com/?expert=Thomas_Morva
For either buying or selling a house in Atlanta you will need to use the services of a broker. The broker's commission is generally p
aid by the seller.
People do not step into the property market with ready cash in hand. Most home buyers need to borrow money in order to purchase their home. Even people who have enough assets to liquidise and finance a new home go in for financing deals as in the long run the returns on the money are better as real estate appreciates pretty fast. At times tax relief is a main reason for going in for a mortgage. The home loan taken by property buyers is called a "mortgage." Generally, a mortgage is a loan of money to the home owner secured by a "lien" on the real estate. The law provides for issues like non payment of mortgages, foreclosure and the like.
Rules regarding the fine details of mortgage deals are laid down specifically by law. There are basically three types of mortgage options. A fixed rate mortgage carries an interest rate that remains fixed throughout the term of the mortgage. The second option is the adjustable rate mortgage that carries an initial fixed rate of interest. And after a fixed time interval the rate of interest reflects market trends. The third option is a balloon mortgage under which after a fixed monthly payment for a fixed time period the balance becomes payable all at once. Generally those who do not qualify for the first two types of mortgages opt for this one. And when the fixed time period is over they go in for refinancing the mortgage. Another option available is referred to as the home equity loan. Under this a floating rate of interest over a period of time is applicable.
Direct lenders such as banks and other financial institutions offer loans. The applicant's ability to pay back the loan is assessed and once all formalities are completed the loan comes through. Getting the best interest rates will however need some homework as rates vary from bank to bank and region to region. A good place to get mortgage related information would be http://www.iown.com.
Atlanta Real Estate provides detailed information on Atlanta Real Estate, Atlanta Real Estate Agents, Atlanta Commercial Real Estate, Atlanta Real Estate Listings and more. Atlanta Real Estate is affiliated with Chicago Suburb Real Estate.
Article Source: http://EzineArticles.com/?expert=Thomas_Morva
How To Find A Good Lawyer In New Jersey
New Jersey Real Estate Lawyer
Investing in and managing nonresidential real estate properties can be difficult for even the most seasoned investor. There are many issues that can stop a deal in its tracks at the last minute and cause delays that cost you thousands of dollars and weeks of frustration. A New Jersey real estate lawyer can help you avoid these issues or to resolve them more quickly whenever you are building, purchasing, selling, or managing a property that is not a residential property. Knowing what kind of properties a nonresidential real estate lawyer deals with will help you decide when you need to hire an attorney.
Commercial Real Estate
Commercial real estate is a type of real estate that involves retail and/or office space. Retail properties are familiar to most people; they include strip malls, storefront businesses, and shopping malls. Retail space is leased to people who want to sell products or offer services and need a professional setting for their businesses. Office space is slightly different than retail space, although the two can be combined. Office space is where business professionals conduct their business transactions, hold meetings, and perform the bulk of their work. If you want to buy, sell, manager, or lease this type of space, hiring a New Jersey real estate lawyer can help you negotiate the best deal.
Industrial Real Estate
An industrial property is used to manufacture or store goods. There are a number of different types of buildings that can be used as industrial space, but some were designed specifically for manufacturing and warehousing purposes. Once these facilities are constructed, it may be difficult to convert them for commercial or residential use in the future. Some facilities are designed to be both manufacturing and office space properties where manufacturing companies can produce their products and house their employees. If you are in need of an industrial property for your business or you would like to rent or sell industrial property that you own, a New Jersey real estate lawyer can help you put together the best deal.
Hotels & Motels
Another popular type of nonresidential real estate is the hotel. Hotels vary widely in size and the number of conveniences offered to guests. The less expensive hotels may offer very little in the way of amenities and are best for short stays. More expensive hotels can offer conveniences including wireless internet, continental breakfast, room services, and spa services. The size of the hotel is often decided by how the hotel will be used and what the hotel company’s primary target market expects. Destination hotels such as those found in Las Vegas are usually much larger and more well-appointed than budget motels and inexpensive family hotels. A New Jersey real estate lawyer can represent you in the purchase or sale of a hotel property.
Recreational Real Estate
Recreational real estate is another type of nonresidential property that many people enjoy. Examples of recreational real estate include golf courses, sporting arenas, and country clubs. Recreational real estate is often mixed with other types of property to create a mixed use property. Examples of a mixed use property involving recreational real estate would be a golf course that includes a banquet hall on the premises. If you’re interested in buying or selling a recreational property, a New Jersey real estate lawyer can be a valuable source of advice.
Looking for the best NJ Lawyer ? Look no further, check out our New Jersey Lawyers website today!
Article Source: http://EzineArticles.com/?expert=Michael_Tasner
Investing in and managing nonresidential real estate properties can be difficult for even the most seasoned investor. There are many issues that can stop a deal in its tracks at the last minute and cause delays that cost you thousands of dollars and weeks of frustration. A New Jersey real estate lawyer can help you avoid these issues or to resolve them more quickly whenever you are building, purchasing, selling, or managing a property that is not a residential property. Knowing what kind of properties a nonresidential real estate lawyer deals with will help you decide when you need to hire an attorney.
Commercial Real Estate
Commercial real estate is a type of real estate that involves retail and/or office space. Retail properties are familiar to most people; they include strip malls, storefront businesses, and shopping malls. Retail space is leased to people who want to sell products or offer services and need a professional setting for their businesses. Office space is slightly different than retail space, although the two can be combined. Office space is where business professionals conduct their business transactions, hold meetings, and perform the bulk of their work. If you want to buy, sell, manager, or lease this type of space, hiring a New Jersey real estate lawyer can help you negotiate the best deal.
Industrial Real Estate
An industrial property is used to manufacture or store goods. There are a number of different types of buildings that can be used as industrial space, but some were designed specifically for manufacturing and warehousing purposes. Once these facilities are constructed, it may be difficult to convert them for commercial or residential use in the future. Some facilities are designed to be both manufacturing and office space properties where manufacturing companies can produce their products and house their employees. If you are in need of an industrial property for your business or you would like to rent or sell industrial property that you own, a New Jersey real estate lawyer can help you put together the best deal.
Hotels & Motels
Another popular type of nonresidential real estate is the hotel. Hotels vary widely in size and the number of conveniences offered to guests. The less expensive hotels may offer very little in the way of amenities and are best for short stays. More expensive hotels can offer conveniences including wireless internet, continental breakfast, room services, and spa services. The size of the hotel is often decided by how the hotel will be used and what the hotel company’s primary target market expects. Destination hotels such as those found in Las Vegas are usually much larger and more well-appointed than budget motels and inexpensive family hotels. A New Jersey real estate lawyer can represent you in the purchase or sale of a hotel property.
Recreational Real Estate
Recreational real estate is another type of nonresidential property that many people enjoy. Examples of recreational real estate include golf courses, sporting arenas, and country clubs. Recreational real estate is often mixed with other types of property to create a mixed use property. Examples of a mixed use property involving recreational real estate would be a golf course that includes a banquet hall on the premises. If you’re interested in buying or selling a recreational property, a New Jersey real estate lawyer can be a valuable source of advice.
Looking for the best NJ Lawyer ? Look no further, check out our New Jersey Lawyers website today!
Article Source: http://EzineArticles.com/?expert=Michael_Tasner
How To Squeeze That Lemon Law Painlessly!
Thank heavens for the lemon law. Here's why.
You'd been over and seen Pam's new truck and it was just gorgeous. She'd called you the night before and told you all about the car warranty coverage, the extended warranty and how she was going to buy it there and then. Sure, the steering pulled to the right, but she was sure that was just because she wasn't used to it.
Yeah, you guessed it. Next thing you know, Pam was in the hospital. She was driving down the road and her right front tire gave out. Fortunately, her dealership was paying for all the costs since it was covered under the car warranty. It looks like she didn't need a lemon law attorney this time.
You've been to see Pam a few times since her accident and she still loves her truck, but it still pulls to the right. Now, Pam is no longer sure it's just the way the truck handles and you have to agree. Maybe there's something wrong with the way the axle is designed.
You insist that Pam returns to her dealer with the car warranty papers in hand - she needs to make sure they have really fixed the problem this time.
Before she does, you decide to take the truck out for a spin. It doesn't take more than a few minutes of some really difficult driving to see that the handling is way out. Regardless, the car warranty should be covering this issue. If not, you are starting to think that some lemon law intervention might be needed after all. You tell Pam to make another appointment.
Three months pass and you go with Pam to the dealer handling the car warranty repair work. The truck still pulls to the right. She's been to the dealer seven times in all.
You feel the truck's problem is getting worse. You and Pam have the car warranty papers so you know they have to cover the repairs. This time you suggest the service manager take the truck out for a spin. This time, the car warranty work will be done correctly. You vow to make sure of it.
An hour later, you learn that the service manager drove one block before the tire snapped off at the axle again. Thankfully, you and Pam were not in the truck at the time. The words lemon law have been in the back of your mind for three months and now you're going to push Pam into action.
It's time for Pam to file with an attorney and get some serious lemon law protection. You ask the dealer for the appropriate brochure. Pam has saved all of her vehicle warranty paperwork; she has her hospital bills and every record from the day she purchased the truck, so you know she can win!
You do some research on the lemon law for her. She's still nervous but the more paperwork you collect, the stronger she seems to become. She realizes with all the documentation she's kept, she will win her case. You head to a attorney who confirms it. Pam's case is cut and dry - there is no way she can lose.
This is just a cautionary tale but don't be afraid to use the lemon law when regular car warranty work is not solving a situation. If your car or truck is a dud, you need to get it repaired correctly - your life could depend on it.
The lemon laws are there to cover your back when things go really wrong with your vehicle. For some real insights go to Lemon Law Advice Made Easy and get the full lowdown.
Article Source: http://EzineArticles.com/?expert=Charles_Stubbs
You'd been over and seen Pam's new truck and it was just gorgeous. She'd called you the night before and told you all about the car warranty coverage, the extended warranty and how she was going to buy it there and then. Sure, the steering pulled to the right, but she was sure that was just because she wasn't used to it.
Yeah, you guessed it. Next thing you know, Pam was in the hospital. She was driving down the road and her right front tire gave out. Fortunately, her dealership was paying for all the costs since it was covered under the car warranty. It looks like she didn't need a lemon law attorney this time.
You've been to see Pam a few times since her accident and she still loves her truck, but it still pulls to the right. Now, Pam is no longer sure it's just the way the truck handles and you have to agree. Maybe there's something wrong with the way the axle is designed.
You insist that Pam returns to her dealer with the car warranty papers in hand - she needs to make sure they have really fixed the problem this time.
Before she does, you decide to take the truck out for a spin. It doesn't take more than a few minutes of some really difficult driving to see that the handling is way out. Regardless, the car warranty should be covering this issue. If not, you are starting to think that some lemon law intervention might be needed after all. You tell Pam to make another appointment.
Three months pass and you go with Pam to the dealer handling the car warranty repair work. The truck still pulls to the right. She's been to the dealer seven times in all.
You feel the truck's problem is getting worse. You and Pam have the car warranty papers so you know they have to cover the repairs. This time you suggest the service manager take the truck out for a spin. This time, the car warranty work will be done correctly. You vow to make sure of it.
An hour later, you learn that the service manager drove one block before the tire snapped off at the axle again. Thankfully, you and Pam were not in the truck at the time. The words lemon law have been in the back of your mind for three months and now you're going to push Pam into action.
It's time for Pam to file with an attorney and get some serious lemon law protection. You ask the dealer for the appropriate brochure. Pam has saved all of her vehicle warranty paperwork; she has her hospital bills and every record from the day she purchased the truck, so you know she can win!
You do some research on the lemon law for her. She's still nervous but the more paperwork you collect, the stronger she seems to become. She realizes with all the documentation she's kept, she will win her case. You head to a attorney who confirms it. Pam's case is cut and dry - there is no way she can lose.
This is just a cautionary tale but don't be afraid to use the lemon law when regular car warranty work is not solving a situation. If your car or truck is a dud, you need to get it repaired correctly - your life could depend on it.
The lemon laws are there to cover your back when things go really wrong with your vehicle. For some real insights go to Lemon Law Advice Made Easy and get the full lowdown.
Article Source: http://EzineArticles.com/?expert=Charles_Stubbs
New Jersey Real Estate Lawyers
Investing or selling real estate will probably the largest transaction you will undertake. In addition to the enormous financial commitment, real estate buyers and sellers face numerous details and a lapful of paperwork, much of which has been drafted in indecipherable legalese. It is indeed a difficult task for an individual to handle and fulfill these formalities successfully and without any complications on his own. With so much at stake, it is always advisable to hire a real estate lawyer to handle real estate transactions and deals.
Real estate lawyers have expertise and regular practice in the field of wills, trusts, probate and estate planning. These lawyers can be the best guides to give you sound legal advice as you put your estate selling or buying plan into place. Estate-planning attorneys are subject to the regulations of state bar organizations. Many of these organizations have continuing education requirements, as well as liability insurance in case of attorney error. When you speak with an estate-planning lawyer, you can get answers to your questions-including how much investing would cost. Hiring an estate-planning lawyer also helps to avoid the financial and emotional nightmares that can occur with a poorly drafted plan.
In case you are planning to buy or sell a real estate in New Jersey, it is always advantageous to hire a real estate lawyer from local office, as they are fully equipped with the knowledge of real estate law and rules of court. They can help you come out of the most legally and factually complex real estate cases, involving several layers of relationships, extensively detailed contracts, and rare or conflicting legal issues. Often the expense incurred in retaining an estate-planning lawyer to prepare and help you put an estate plan into place is worth several times what you and your family would pay with no planning or poor planning.
New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Article Source: http://EzineArticles.com/?expert=Jason_Gluckman
Real estate lawyers have expertise and regular practice in the field of wills, trusts, probate and estate planning. These lawyers can be the best guides to give you sound legal advice as you put your estate selling or buying plan into place. Estate-planning attorneys are subject to the regulations of state bar organizations. Many of these organizations have continuing education requirements, as well as liability insurance in case of attorney error. When you speak with an estate-planning lawyer, you can get answers to your questions-including how much investing would cost. Hiring an estate-planning lawyer also helps to avoid the financial and emotional nightmares that can occur with a poorly drafted plan.
In case you are planning to buy or sell a real estate in New Jersey, it is always advantageous to hire a real estate lawyer from local office, as they are fully equipped with the knowledge of real estate law and rules of court. They can help you come out of the most legally and factually complex real estate cases, involving several layers of relationships, extensively detailed contracts, and rare or conflicting legal issues. Often the expense incurred in retaining an estate-planning lawyer to prepare and help you put an estate plan into place is worth several times what you and your family would pay with no planning or poor planning.
New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Article Source: http://EzineArticles.com/?expert=Jason_Gluckman
Attorney Leads - A Sales Lead Guide For Lawyers
Being an attorney, you are a member of one of the most important professions in society. But of course, you must be able to generate business for yourself to earn a living, especially if you are a new lawyer. You may not be trained in sales, but you do have to sell yourself. This article provides information on generating "attorney leads" for yourself to find new clients. The scope of this article entails using the internet to generate leads. The easiest internet resource to use is Google's Adwords program, where you place ads on Google's search results to draw vistors to your website.
Google Adwords - Generating attorney leads through Google is quite easy, wether you are a family lawyer, intellectual property lawyer (patent, trademark, copyright), corporate lawyer, litigation lawyer, real estate lawyer, criminal lawyer, personal injury lawyer malpractice lawyer, or any other specialization. Google's Adwords program allows you to purchase specific keywords that will place a link to your website in the search results when someone searches those keywords. Of course, you will need to have a website for Google to send visitors to to be able to use this program. If you do not already have a website for your law practice you can hire a website designer to create a professional looking site for under $100. Then you purchase keywords (usual cost is between 5 cents and $2 per click) that you think internet users are searching when they are in need of your services. Some examples of keywords that you can buy are: New York litigation lawyer, Chicago corporate lawyer, Dallas bankruptcy lawyer, Seattle family lawyer, or Toronto business lawyer. Or you can even use general law terms like the following: DUI, structured settlement, insurance, mesothelioma, asbestos, liability, libel, and slander.
Again, this are just one internet resource that provides attorney leads to lawyers. There are plenty of other online and offline resources that you can use to promote yourself and to advertise your services, like business networking meetings and yellow pages ads.
Tino Buntic created http://www.trade-pals.com to provide free B2B and B2C sales leads, including attorney leads, to lawyers and other business professionals in major cities across North America, including Boston, Las Vegas, San Diego, San Francisco, Portland, Montreal, Denver, Phoenix, Vancouver, Detroit, Cleveland, Albany, Miami, Tampa, Calgary, Houston, New Orleans, Hartford, Charlotte, St Louis, Memphis, Kansas City, and Philadelphia. Create a free professional profile to receive sales leads without cold calling, especially if you are an attorney.
Article Source: http://EzineArticles.com/?expert=Tino_Buntic
Google Adwords - Generating attorney leads through Google is quite easy, wether you are a family lawyer, intellectual property lawyer (patent, trademark, copyright), corporate lawyer, litigation lawyer, real estate lawyer, criminal lawyer, personal injury lawyer malpractice lawyer, or any other specialization. Google's Adwords program allows you to purchase specific keywords that will place a link to your website in the search results when someone searches those keywords. Of course, you will need to have a website for Google to send visitors to to be able to use this program. If you do not already have a website for your law practice you can hire a website designer to create a professional looking site for under $100. Then you purchase keywords (usual cost is between 5 cents and $2 per click) that you think internet users are searching when they are in need of your services. Some examples of keywords that you can buy are: New York litigation lawyer, Chicago corporate lawyer, Dallas bankruptcy lawyer, Seattle family lawyer, or Toronto business lawyer. Or you can even use general law terms like the following: DUI, structured settlement, insurance, mesothelioma, asbestos, liability, libel, and slander.
Again, this are just one internet resource that provides attorney leads to lawyers. There are plenty of other online and offline resources that you can use to promote yourself and to advertise your services, like business networking meetings and yellow pages ads.
Tino Buntic created http://www.trade-pals.com to provide free B2B and B2C sales leads, including attorney leads, to lawyers and other business professionals in major cities across North America, including Boston, Las Vegas, San Diego, San Francisco, Portland, Montreal, Denver, Phoenix, Vancouver, Detroit, Cleveland, Albany, Miami, Tampa, Calgary, Houston, New Orleans, Hartford, Charlotte, St Louis, Memphis, Kansas City, and Philadelphia. Create a free professional profile to receive sales leads without cold calling, especially if you are an attorney.
Article Source: http://EzineArticles.com/?expert=Tino_Buntic
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