• The Rights of Co-Owners of Property

    Posted on May 31, 2017 by admin in Real Estate Law.

    Property may be owned jointly by multiple parties in several different forms. These forms of co-ownership have distinct legal rules for transferring, sharing and determining ownership in the event of various events. The three main types of co-ownership are: joint tenancy, tenancy in common, and tenancy by the entirety. The relationship of tenants in common […]

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  • Recovery Options When a Buyer Breaches a Purchase Agreement

    Posted on May 31, 2017 by admin in Real Estate Law.

    Prior to the consummation of a property transaction, the buyer can back out of the contract at several points based on contingencies in the agreement. These contingencies, which are generally related to financing or home inspection issues, can be the basis of a rescinded contract. In many cases, the buyer is not in breach of […]

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  • Legal Rights of Tenants vs. Boarders

    Posted on May 30, 2017 by admin in Real Estate Law.

    All states provide legal protections to tenants who lease residential property. However, the scope and extent of that protection varies depending upon the status of the occupier. A tenant is an individual who has the exclusive right to use a certain property in exchange for rental payments to the landlord or property owner. This right […]

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  • Federal Laws That Affect Homeowner’s Associations

    Posted on May 29, 2017 by admin in Real Estate Law.

    The Fair Housing Act was passed to prevent certain types of discrimination in the housing market. Homeowners associations (HOA) are also subject to federal regulations that ensure equal access and accommodation. Below are several key provisions of federal housing law as it pertain to HOAs. Disabilities. HOAs are required to satisfy requests for a reasonable […]

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  • Understanding the Difference Between a Title and a Deed

    Posted on May 28, 2017 by admin in Real Estate Law.

    Upon purchasing property, the buyer obtains a deed to the home. The deed is a signed document that verifies the buyer’s ownership of the property. The property deed therefore functions as the legal vehicle for transferring ownership of property. However, there is a distinction between owning the deed and having title. The documentation does not […]

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  • Due Diligence for Commercial Properties

    Posted on May 27, 2017 by admin in Real Estate Law.

    When purchasing commercial property, the process of conducting due diligence is especially important since commercial properties are generally not subject to consumer laws that protect residential real estate purchasers.  Thus, buyers must obtain thorough and accurate knowledge of the property to evaluate whether the purchase is a good and sound investment. In addition, being informed […]

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  • What is Loss Mitigation?

    Posted on May 26, 2017 by admin in Real Estate Law.

    When a homeowner is delinquent on mortgage payments and facing the possibility of foreclosure, there are several legal and strategic steps that can be taken to remediate the situation. In many cases, these procedures are directed at preventing foreclosure and allowing the homeowner to remain in possession of the property. Loss mitigation is the process […]

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  • Adopting the Georgia Property Owners Association Act

    Posted on May 25, 2017 by admin in Real Estate Law.

    The Georgia Property Owners’ Association Act (POA) is a voluntary, opt-in statute that extends certain rights and powers to the homeowner’s association (HOA). There are a number of administrative and financial benefits that an HOA may be entitled to under the POA. Governance under the POA occurs either through a process initiated by the developer […]

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  • Environmental Liability in Real Estate Purchases

    Posted on May 24, 2017 by admin in Real Estate Law.

    When purchasing commercial real estate, the buyer should be aware of any environmental hazards that exist or existed on the property as part of his due diligence review. Where a harmful or dangerous condition is indeed found, the purchaser can be held strictly liable under both federal and state environmental laws. As such, the purchaser […]

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  • Essential Elements of a Lease Agreement

    Posted on May 23, 2017 by admin in Real Estate Law.

    A thorough and clear written lease agreement is essential for both renters and property owners. A comprehensive lease informs both parties of their rights and responsibilities and addresses the consequences if there is a breach of the agreement by either party. There are a number of elements that should be contained in every lease agreement […]

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