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|Real Estate Commission Key Issues|
Matthew G. DiMeglio, Arnold D. Spevack; Lerch Early Brewer Chartered;
October 17, 2014, previously published on September 25, 2014A recent U.S. District Court for the Eastern District of Virginia decision highlighted the need for real estate sales professionals to be aware of real estate licensing laws in the Washington, DC metropolitan area. In the three local jurisdictions, Washington, DC, Maryland and Virginia, all real...
|When In Doubt, Disclose, Disclose, Disclose|
David L. Allen; Jaburg & Wilk, P.C.;
October 17, 2014Back before case law imposed upon a seller the legal obligation to affirmatively disclose negative facts about their property, it was commonplace for buyers to be advised to “beware” of what potential problems might exist, that were neither readily apparent nor disclosed by the seller....
|New Developments for Real Property Transactions|
October 16, 2014, previously published on October 2014On July 9, 2014, the German Supreme Fiscal Court decided a real estate transfer tax ("RETT") case that shines a new light on RETT structures. Contrary to the long-standing interpretation of the law, the court took the position that aspects of economic ownership are also relevant for RETT...
|Implications of the SEC Investor Advisory Committee’s Take on the “Accredited Investor” Definition|
Sutherland Asbill Brennan LLP;
October 16, 2014, previously published on October 10, 2014Yesterday, the SEC’s Investor Advisory Committee (IAC), an advisory panel established by the SEC in 2009 to represent investor interests, approved a recommendation to change the definition of “accredited investor” in Reg. D under the Securities Act. While the IAC’s...
|SDLT and Property Investment Funds|
October 16, 2014, previously published on October 2014The UK government has announced that it will be looking at whether any changes are needed to current stamp duty land tax ("SDLT") rules to cater for two specific forms of collective investment scheme designed for investors in the UK market.
|Luxembourg-France Tax Treaty: Amendment Signed on September 5, 2014|
October 16, 2014, previously published on October 2014On September 5, 2014, French Minister of Finance Michel Sapin and Luxembourgian Minister of Finance Pierre Gramegna signed an amendment to the France-Luxembourg Tax Treaty (1958) (the "Tax Treaty"), as amended by the 1970 exchange of letters and by the 1970, 2006, and 2009 protocols.
|Tribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off|
Whitney Hodges, John E. Ponder; Sheppard, Mullin, Richter & Hampton LLP;
October 16, 2014, previously published on October 2, 2014In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd. Dist. 2014) strictly interpreted the California Environmental Quality Act’s definition of “public agency,” holding that it only applies...
|New Changes to Pennsylvania Mechanics' Lien Law Take Effect|
Jason A. Copley, Daniel E. Fierstein; Cohen Seglias Pallas Greenhall & Furman PC;
October 14, 2014, previously published on September 24, 2014On July 9, 2014, Pennsylvania Governor Tom Corbett signed a bill (S.B. 145) into law that amends the Pennsylvania Mechanics’ Lien Law of 1963 (the “Lien Law”). The new law took effect on September 8, 2014 and affects subcontractor lien rights on residential construction projects...
|Lenders Beware: the Nevada Supreme Court Holds That Foreclosures of Homeowners’ Association Liens May Extinguish First Priority Deeds of Trust|
Bob L. Olson; Snell & Wilmer L.L.P.;
October 13, 2014, previously published on September 26, 2014Nevada has adopted the Uniform Common Interest Ownership Act of 1982 (the “Act”) which governs homeowners’ associations (“HOA”).
|Missing Data Protocols Under AB1103 Energy Use Disclosure Rule And Other Important Facts You Need To Know|
Lydia Lake, Pamela L. Westhoff; Sheppard, Mullin, Richter & Hampton LLP;
October 10, 2014, previously published on October 2, 2014Many commercial property owners have approached us with questions about missing data protocols, how to properly comply with AB 1103 (and the consequences of non-compliance) and what buildings are affected. Here is what you need to know.