Have you ever wondered what happens if a real estate agent doesn’t perform as required? What happens if a real estate breaches his duties? Recourse to Law As with other breaches of a contractual duty, if a real estate agent does not live up to his side of the bargain, a client who has been […]Continue Reading... Comments Off on What Happens When a Real Estate Agent Breaches His Fiduciary Duties?
There’s more to being a real estate agent than staging homes and holding open houses. In addition to all the day-to-day things that real estate agents must do, they have legal obligations and duties towards their clients. What Is an Agent? Before we can understand what those obligations are, we must understand what an “agent” […]Continue Reading... Comments Off on What Are the Fiduciary Duties of a Real Estate Agent?
In our litigious society, people can sue over just about anything. In real estate matters, however, there are generally 3 common reasons that people find themselves tangled up in a lawsuit. Common Reasons for Real Estate Litigation 1. Disclosure Problems. An area of real estate that often leads to disputes and litigation is the failure […]Continue Reading... Comments Off on 3 Common Reasons for Real Estate Litigation
It is unfortunate but true, that there are many scam artists and unscrupulous people out there who prey on homeowners facing foreclosure. Many of these criminals will make false promises to homeowners facing foreclosure, promising to stop the foreclosure or save your house or get you a loan modification—all for a price, of course. Ultimately, […]Continue Reading... Comments Off on Having a Basic Understanding of These Georgia Foreclosure Laws Can Help Protect You Against Foreclosure Scams
Understanding easements isn’t always easy. What they are, and how they are created can be a bit complicated. It is common for easements to not only lead to confusion, but legal conflict as well. Easement Basics An easement is a non-possessory interest in property. It is a property right that gives the owner of the […]Continue Reading... Comments Off on How Long Does an Easement Last?
There is much to know about property rights in general, and easements in particular. In today’s post, we will take a brief look at easements and the concept that easements “run with the land.” What is an Easement? An easement is the right to use someone else’s property. It is not property ownership; yet it […]Continue Reading... Comments Off on Keeping in Shape: Property Interests that Run With the Land
Not all agreements have to be in writing to be enforceable. But some do. What Is a Contract? A “contract” between two parties is essentially an agreement. While people can agree to pretty much anything, for a contract to be enforceable by law, it must meet certain requirements. These requirements are: 1. The parties must […]Continue Reading... Comments Off on The Statute of Frauds. What is it and When Does it Apply?
Quite often people who are facing foreclosure are often considering filing for bankruptcy. Many times, individuals get into overwhelming debt. Sometimes it’s due to an accident, or an unexpected medical condition where the medical bills spiral out of control. In other cases, a divorce can cause serious financial problems. In still other cases, it’s overspending. […]Continue Reading... Comments Off on Where Bankruptcy and Foreclosure Intersect
In Georgia, as in many other states, the way people buy residential real estate without having to pay the full price in cash up-front, is by “mortgaging” the property. A prospective homeowner borrows the money he needs from a bank or other lender and the bank holds the mortgage to their home. Security Interests What […]Continue Reading... Comments Off on Georgia Mortgage Defined
“Love thy neighbor” isn’t so easy to do whey thy neighbor’s fence is encroaching on your land. As a property owner, you have the right to exclude people and things —like your neighbor’s fence—from your land. Here in Georgia, where homes are in close proximity to one another, boundary disputes are fairly common. That’s why […]Continue Reading... Comments Off on Boundary Disputes and Easements. What’s it All About?