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|Hot Tips for Purchase Agreements|
Dehlia C. Seim; Fryberger, Buchanan, Smith & Frederick, P.A.;
June 18, 2015, previously published on May 19, 2015With the seasonal shift comes the busy season for real estate sales, so it’s time for a primer on purchase agreements. Whether it’s your first purchase or your tenth sale, purchase agreement review is critical. You may think that if you’ve seen one purchase agreement, you have...
|Substantial Amendments to the Condominium Act will impact Condominium Developers and Corporations|
Leonard A. Gangbar, Natalia E. Iamundo, Andrew L. Jeanrie; Bennett Jones LLP;
June 18, 2015, previously published on June 9, 2015The Province of Ontario recently introduced Bill 106, Protecting Condominium Owners Act, 2015, to amend the Condominium Act, 1998, largely in response to the immense growth and change in the condominium sector in Ontario in recent years.
|Junior Unsecured Mortgages Receive Protection from the Supreme Court|
Scott D. Fink; Weltman, Weinberg & Reis Co., L.P.A.;
June 18, 2015, previously published on June 02, 2015 In a decision handed down yesterday by the U.S. Supreme Court, wholly unsecured junior mortgages may not be stripped due to a lack of equity in Chapter 7 bankruptcy proceedings. The ruling came in the case of Bank of America vs. Caulkett.
|When Statutes Of Limitation Vary, Don't Wait To File Suit|
John Paul Nefflen; Burr & Forman LLP;
June 17, 2015, previously published on June 5, 2015Investing in real estate is difficult. Buyers, sellers and developers often make strategic business decisions influenced by changing market forces, contingencies that never materialize, promises not kept, and unpredictable partnerships and alliances. Among the many decisions real estate investors...
|Adjudication Agreements: When Are They Legally Binding?|
Jacy A. J. Whittaker; Parris Whittaker;
June 16, 2015, previously published by www.ParrisWhittaker.comThe UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.
|Because it's the Rules!|
David L. Allen; Jaburg Wilk;
June 15, 2015, previously published on June 11, 2015There are seemingly two types of people who live in houses or condominiums that are subject to rules and regulations, known as Codes, Covenants and Restrictions, or “CC&R’s.” There are those who live there because there are CC&R’s, and there are those who live there despite...
|After the Demise of Construction Defect Reform - What Do We Do Now?|
Rebecca Wilcox Dow; Holland & Hart LLP;
June 5, 2015, previously published on May 14, 2015Two weeks ago, the Colorado legislature voted to kill Senate Bill 177, the reform bill intended to correct laws in Colorado related to construction defect litigation. Due to the current, well-documented need for affordable “for sale” homes and condos in Colorado, developers and...
|Case Alert: Good News for Real Estate Agents, but Caution for Buyers|
Robert M. Steeg; Steeg Law Firm, LLC;
June 2, 2015, previously published on May 13, 2015In this article, Managing Partner, Robert M. Steeg, clarifies Rabalais v. Gray, a new case that was decided by the Louisiana Appellate Court having jurisdiction over Jefferson Parish. The case brings very good news to real estate agents, but sounds a strong note of caution for buyers of real estate.
|The Case of the Missing Promissory Note: How can a Mortgage Lender Enforce a Lost Note in Ohio?|
Benjamin Hoen; Weltman, Weinberg & Reis Co., L.P.A.;
June 2, 2015, previously published on May 27, 2015Standing has recently become a foreclosure buzzword. The Ohio Supreme Court weighed in extensively on the topic and determined that a lender must establish an interest in the note or mortgage at the time it filed suit.1 To prove standing in a foreclosure action, a plaintiff generally must show that...
|Why Homeowners Associations, Condominium Associations, and Property Management Companies Need to Observe Employment Laws and Establish Employment Policies|
Marc R. Engel; Lerch, Early & Brewer, Chartered;
June 1, 2015, previously published on May 7, 2015One of the biggest myths I hear perpetuated in my practice is that so-called "small" employers, or for the purpose of this article, those with fewer than 15 employees, (i.e., homeowners and condominium associations with staff) are not subject to the applicable employment laws and need not...