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Posts tagged "Real Estate Litigation"

Appellate court rules condo owner can't offer short-term lease

The increase in popularity of Airbnb and short-term housing rental sites in the past few years has created a whole new host of legal dilemmas for Florida condo and homeowner's associations. Disputes have emerged over issues surrounding the use over an homeowner's property, which has resulted in an understanding that condo owners are not entitled to lease access to their residences on an unrestricted basis as they may want to.

Does your new property purchase have an easement issue?

An easement involves someone having the right to use land that doesn't belong to them, usually because using the land is a necessary and functional requirement. One of the most common reasons for an easement in residential situations is that one landholder must be able to cross another landowner's property to reach his or her home. In such a case, the first person has an easement right to use a road on the other person's property.

Options for resolving disputes with your general contractor

Sometimes, no matter how much effort you put into vetting the general contractor your hire to work on your home, it's not enough and a dispute ensues. While some contracts might require you and your contractor to sit down in front of a mediator or arbitrator to attempt to work out your issues, others may not. Filing a case with the court system may appear to be the only resolution in sight.

Get help if you miss the signs of a bad home owners association

Bad home owners associations or HOA management can lead to problems for you down the road. It's probably best to steer clear of residences where you can tell HOA management isn't up to snuff, but if you end up in a dispute with your HOA, having a legal professional on your side can help protect your interests and make it more likely the issue is resolved to your benefit.

What are your rights if you live in manufactured housing?

Before the term "manufactured housing" these homes were called mobile homes or trailers. The defining characteristic of a manufactured home is that it can be picked up and moved somewhere else. Most disputes are defined by the property involved, which is either personal or real property. Personal property are things you can move or pick up. Real property are things you can't, like land and buildings. Manufactured homes straddle both definitions, thus, how are they treated? This post will go over the rules that developed around manufactured homes.

Common issues in real estate transactions, Part 1

You might hope that the transfer of real estate is a simple transaction, like fulfilling an eBay order or placing an order for pizza. But, unfortunately, it is not. The exchange of real estate is a complicated dance because of the issues inherent in transferring assets as complicated as real estate. This post will go over some of the typical issues that can torpedo a real estate transaction.

How to avoid commercial lease audits and litigation

Many commercial tenants are resorting to leasing audits to leverage lower rent rates with property owners. It is thus imperative that you prepare for these audits and the role they may play in future negotiations. This post will go over how you can minimize your exposure to these audits.

Is it time to buy a house?

Buying a house is a huge decision and one that shouldn't be taken lightly. In most cases, it will be the biggest financial decision of your life, so carefully weighing your options before pulling the trigger is a good idea. But buying a home can be overwhelming; you've got to find a home in your price range, there's a whole new set of terminology to learn, there are loans to consider and there is a complicated legal world to navigate.

What is a construction defect claim? Part 2

A construction defect claim arises when there is something fundamentally wrong with the construction of the building, and the defect is rendering the building unsafe or unusable for the intended purpose. Construction defect claims can be brought against any party that is responsible for the issue, the developer, general contractor, or sub-contractor. A previous post discussed the different types of design defects. This post will address material deficiencies and construction and subsurface defects.

Specific performance in real estate contracts

Let’s say you are engaged in real estate litigation. You are trying to purchase a piece of land and attendant structures, but the other party backed out of the agreement at the last moment, after you agreed and fulfilled all other terms, including paying the first few installments. You sue, you win and prove that the other side breached the contract. Now you are asked, do you want your money returned and call it even? Or do you prefer the land and buildings?

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