An Interesting Case in Real Estate Court

The event happened in a high-rise ocean front luxury building on a main beach location in South Florida. The complaint was that the buyer signed a contract and paid the promised amount. Soon after a few months and well before programmed completion, the developer circulated the notice of certain amendments to the building. The most glaring one was about the private elevator to the unit.

The developer was now announcing that the private elevator will be shared between the two apartments. The buyer wanted to cancel the contract and get his money back blaming that the changes would considerably decrease the value of his dreamed unit in this ultra-luxury building, he brought this case to real estate lawsuit. The developer did not agree to the buyer’s point, stating that the proposed changes are neither material nor substantial and would therefore be permitted by the contract. There is no question of refunding the buyer’s large amount.

Even two years back, it wouldn’t even have been a dispute. The buyer would halfheartedly agree to the changes since his contract would have meant around two hundred thousand dollars earnings by just “flipping” it to one of the dozens of eager investors on a coming up list. Although, for many people this case is not a matter of worry yet it is not a really unusual situation of how the market has changed.

The court, after hearing the arguments from both the sides decided to deal this case in a different way as it advised the government to bring stability to the market at government level. Not only this case but many other cases are the outcome of unstable markets where developers are not ready to find that waiting list anymore and investors are mistrustful of the market’s future.

Real Estate Liability and Law of Tort – Private Nuisance and Negligence

The basic principle of nuisance to is a person committing a nuisance by using his property to cause damage to the property of another. This is known to be a big problem on beachfront properties for sale in Jamaica where some owners liked to parade on the beach nude.

Liability of occupier and owner for private nuisances:

The primary liability for a nuisance rests upon the occupier of the premises upon which the nuisance arose and there is no liability cast upon the owner of the premises merely by reason of his ownership. But if the owner has created the nuisance then he, and not the occupier, will be liable for it. Thus if the owner of Jamaica home premises creates a nuisance upon those premises and then lets them with the nuisance still in existence he is liable because he has created the nuisance. But in such a case the occupier will also be liable if, with notice of the nuisance, he has allowed it to continue.

Defenses to an Action for Nuisance

1. Good Defenses:

(a) Statutory Authority – Act authorized by Statute;

(b) Lawful User – defendant’s lawful use of his own Jamaica land and real estate resulted in damage to the plaintiff’s land;

(c) De Minimis – damage is trifling.

2. Ineffectual Defenses – The following have been rejected by the Court:

(a) Coming to the nuisance;

(b) Public Benefit – although harmful to the individual plaintiff, it is beneficial to the public as a whole;

(c) Care and Skill – it is no defense that the defendant exercised all possible care and skill to prevent the operation complained of from becoming a nuisance.

Remedies for Nuisance:

1. Action for Damages

2. Injunction

3. Abatement – hardly used remedy as the law feels that it could result in problems.


Negligence has two separate and distinct meanings in the law of tort:

(i) A state of mind in which some torts may be committed. I commit a trespass intentionally or I may commit it negligently as a result of carelessness.

(ii) Breach of a legal duty to take care resulting in damage.

When there is a case of negligence, the plaintiff must prove that:

(1) The defendant owed him a duty to take care;

(2) That there was a breach of that duty

(3) As a result of that breach he has suffered damage;

(4) Such damage is not in law too remote a consequence of the breach of duty.

The Duty of Care

There can be no liability for negligence unless in the particular case the defendant was subject to a legal duty to take care. He must owe this duty to the plaintiff himself, either alone or with other persons. For example, the occupier of land or premises is under certain duties towards persons who come onto his Jamaica property or into his premises, but the duty which he owes a visitor is not owed to a trespasser.

The circumstances in which a duty of care does exist are infinite, so the following are examples:

(1) Persons using the high way;

(2) Master and servant;

(3) Carriers of passengers

Standard and Degree of Care

The standard of care is fixed – that of the ordinary reasonable man. The degree of care which an ordinary reasonable man would use is relative and whether or not an act or omission is negligent depends upon the circumstances of the particular case.

Remoteness of damage

A plaintiff can only recover compensation for loss which in Jamaica real estate law is not too remote a consequence of the wrongful act. A defendant is liable only for damage which could reasonably have been foreseen.

Proof of Negligence

The burden of proving negligence is on the person who alleges it, for example, the plaintiff, and he must prove not only that the defendant was negligent but that it was the cause of the damage he suffered.

Contributory Negligence

This is a failure to take reasonable care for one’s safety and a person is guilty of contributory negligence if he ought reasonably to have foreseen that, if he did not act as a reasonably prudent man, he might hurt himself.

Negligence is not such as fine line as nuisance in Jamaica real estate. Assume an example that a man who purchases Jamaica beach land for sale and discovers that as a result of a neighbor his landscape has suffered damage. This is negligence on the part of the neighbor.

New York Real Estate Ownership Guide

This article is designed to be a roadmap for the first time homebuyer or seller. Throughout, I’ll guide you through the many steps of purchasing or selling your property and explain to you in the process how to avoid the most common mistakes. You will also learn both the legal and psychological problems often encountered.

For most people, buying (or selling) a home is one of the biggest part of living the “American dream”. It’s also probably the biggest investments they will ever make. Not surprising then, that many find this experience to be very exciting but also worrisome at the same time. Achieving the final transaction and transfer of funds for the property (referred to as the “closing”) can leave many home owners feeling exhausted, even depressed. The same can be said for buyers. However, if the process is done correctly, it can also be both interesting and exciting for everybody involved. The ultimate outcome depends on many factors: time, energy needed to devote to the transaction, thoughtfulness and patience. All these traits are included in the process, and all can have an impact on your bottom line.

That’s why preparation is key in any successful transaction. The process, complicated by multiple transactions and waiting periods, can be quite confusing. Real estate transactions require expertise. Those wanting total control of the transaction with a do-it-yourself attitude can make many costly mistakes. So unless buyers and sellers have a solid background in Real Estate, they stand to lose thousands of dollars in any given transaction.

Saving on New York Real Estate Attorney Fees

Trying to save a few extra dollars on legal fees may sound like a nice idea, especially for those with large down payments. But this strategy may backfire. You may end up being penny-wise, but broke in the long run. There are many detailed procedures involved in the purchase process that the vast majority of consumers may overlook.

In one of the biggest purchases of your life, it’s simply not the time to “bargain shop”. Remember the key criteria: if you can’t afford to see the big picture in the transaction you probably aren’t ready to close the deal. The amount of legal fees charged should not be the deciding factor in hiring a particular New York Real Estate Lawyer. You retain a New York Real Estate Lawyer because you trust that they will represent your best interest in the transaction. The bottom line is that you want a New York Real Estate Lawyer you can trust, if trust becomes an issue you are well advised to seek another New York Real Estate Lawyer, no matter how low the fees are. For the most part, a New York Real Estate Lawyers aim to satisfy their clients and keep that satisfaction within the legal bounds of the law –all at the same time. The happier their clients, the busier the New York Real Estate Attorney will be with future clients. So it makes common sense as much as it makes dollars sense to retain a New York Real Estate Lawyer who aim is to achieve the client’s goal in the real estate transaction.

Real Estate transactions involve use of standard legal language. It is quite understandable then, if a buyer or seller do not understand the terms used in the transaction. First-time homebuyers have the worst experience. That is the reason why it makes sense to hire a New York Real Estate Lawyer who can represent your interest and can help you avoid pitfalls and unnecessary problems.

If not detected prior to closing, once a problem occurs, it can take time and money to correct the situation. An attorney with experience in New York real estate law can help steer a buyer or seller away from costly mistakes.

What kind of home fits my needs?

When buying a home, you have to determine what property will fit your needs. Picking the right kind of property to purchase requires careful planning, organization, and sacrifice. Since most people don’t have the time, real estate brokers can be extremely helpful in letting you understand the many issues you might encounter. The questions involved can be overwhelming. What matters need further inquiry? Which homes come with bad neighbors? There are many matters which you need to inquire about when you look at different properties that interests you. However, some issues are common to most real estate purchases. A simple tip is to determine what borough you like to live. If you plan on living in Queens, Brooklyn, Bronx, Staten Island, Manhattan or Long Island, you may want to deal with a broker in that borough.

Coop or Condos?

Cooperatives are the most popular property purchased in New York City. One reason for this is a trend away from expense-ridden properties where foreclosures are common. Another reason for coop popularity is convenience. Deals can be less expensive (about half the price of a condo) and may involve less paperwork in the closing. Less financial stress and fewer headaches might sound good, right? But what most buyers don’t know is that when you buy a co-op, you’re NOT buying the physical apartment. Actually, you’re buying “shares” of a corporation that owns the building which contains the co-op on its land. Also keep in mind that, just like any other company, a co-op has officers such as a president, a vice-president and a treasurer. And just like any other company they’re responsible for the well being of the coop. If the coop suffers a financial meltdown, you could lose your apartment investment altogether.

What happens if I do decide to buy a coop?

You receive a stock certificate and a proprietary lease.

The co-op requires that each coop owner pay a “maintenance fee”. If you own a condo, you’ll be paying a “common charge.” Usually, the monthly fee paid by a shareholder is almost double the fee paid by condo owners.

Sometimes a co-op only “owns” the improvements, and some other company or organization owns the land. This form of co-op is not the normal situation, but it does exist. Your New York Real Estate Attorney should be able to assist you in determining if you are purchasing such a property.

Where does the maintenance fee go? How is the money spent?

When an “entity” (i.e. some organization or other company) holds a mortgage of the co-op, the coop corporation must pay a monthly mortgage payment to the bank. The “maintenance fee” charged to coop owners helps the corporation offset this cost. By charging each shareholder a charge per share the “maintenance fee” helps pay the city taxes on the property as a whole and pay for the expenses in maintaining the property (such as the superintendent or doorman) The “common charge” for a condo helps offset the expenses associated with the maintenance of the building. Elevators, painting, cleanliness and any landscaping all require funding not to mention the common areas of the residential unit.

It is important to note that the monthly fee is not fixed. Just like rent, it can be increased. In buying a condo, however, you are buying a portion of the physical building in which the apartment is located. You then own part of the building and will receive a deed to the property that shows that you are the legal owner. The common charges for condos usually tend to be stable. Most co-ops require that a seller receive approval by the board before attempting to sell. Likewise, the buyer must also be approved by the board to make sure that the buyer will be a “responsible” co-op owner. One exception to this situation is when the coop has a special status as being a “sponsor unit”. That means that when the building was converted into a co-op, the co-op conversion plans allowed the sponsor of the building to reserve the right to sell unsold shares without board approval. If you are purchasing the co-op from the original sponsor, then most likely you will not need to get board approval. The same applies to subletting the unit. In most cases you’ll need permission. In some cases, purchasing the unit from the original sponsor, may entitle you to the same rights and privileges as the sponsor.

Recently after the cost of fuel skyrocketed, many co-ops and condos monthly fees increased. So when buying a coop or condo make sure that you understand the financial future implications. Ask for the financial information before signing on the bottom line.

Should I buy a single or multi-family residence?

One of the most common dilemmas encountered when purchasing a home is whether to buy a “single-family home” or “muti-family home”. Common sense dictates that a single-family home will cost you significantly less than a multi-family home, and will appreciate accordingly. What are the advantages? The peace that comes with it is enticing for some. Not having to deal with renting to strangers, and the headaches of hiring (or being) a landlord. However, on the other side of that argument, a multi-family home can be a financial plus: the rental income helps with the monthly mortgage payments and makes ownership less financially stressful.

How can a real estate agents help me?

Normally the first person you may have direct contact with in the purchase or sale of land or residence, is a real estate agent. Most people use them rather than do it themselves. The agent works for his or her supervisor, and they are called “brokers”. The kind of relationship you have with the agent can have a major impact on how well you as a buyer or seller, understand the initial process, and transaction. Two important points: Agents can normally provide good advice and suggestions regarding your purchase or sale. Since they’re well-educated in both the property markets and their field, they are can give you past performance for a particular property. However, although the agent may seem to work for you, unless expressly contracted for, they normally work for the seller!

What is a Binder? Why is it important?

A binder (otherwise known as an “offer to purchase”) is the first document secured by a minimal money deposit. You will normally sign a binder at the moment that you decide to make the seller an offer to purchase. This tells the seller that you are serious about making the purchase. Once the Binder Agreement is executed, the real estate broker or agent will present it to the seller. If accepted, the property will no longer be shown to potential buyers. It is important to note that the binder, unlike a contract of sale, is subject to a time limit. Unless the binder details the money to be refunded, it will be forfeited under most circumstances.

What should I know about the “Contract of Sale”?

The contract of sale is the first formal stage of the buying and selling process. When you have retained a New York Real Estate Lawyer and have made an acceptable offer, at this point in time, you and the seller will sign a contract of sale. The seller’s New York Real Estate Attorney will normally draft the contract and then the buyer’s New York Real Estate Attorney will review the contract to make sure that you are protected from any future problems (both legal and residential issues).

It’s also important to note that when the buyer signs the contract, a “Down Payment” is given to the seller for the seller’s New York Real Estate Attorney to hold in a special account called an “Escrow”. The seller’s New York Real Estate Attorney is required by ethical rules to do so. However, not to worry: the entire amount will of course, be credited to the buyer and applied to the final outstanding balance at “closing.”

The biggest mistake a buyer or seller can make is signing a contract of sale before getting adequate legal representation. A contract of sale is an agreement to purchase and sell the property. Once it’s signed, it becomes a legal document. If you change your mind and want to change the terms of the agreement or if you want out of the transaction altogether, then you will find yourself in an extremely frustrating legal bind. That’s why an experienced New York Real Estate Lawyer is necessary throughout the process, especially at the beginning stages. The contract of sale dictates exactly how the transaction will proceed. It says how payments will be made and collected, and contains all the important details. Tell your New York Real Estate Lawyer every detail which you think is important and essential to you intensions. For example, maybe you are selling another property while simultaneously buying a home. Since the sale of your property is a condition, that condition is a major detail that you should tell your New York Real Estate Lawyer since, the other “party” may have not accepted your offer had they known such a condition.

Another issue that sometimes comes up is the issue of occupancy. Generally a house is sold vacant. However, if you would like to keep the existing tenants, it is a good idea to tell your New York Real Estate Lawyer (assuming it’s not a new construction), and that by itself can save you time and hassle in the process of renting the property later on.

As a seller, should I have my home inspected?

Home inspections can sometimes make or break the deal. A New York Real Estate Lawyer can secure a condition in the contract of sale which allows the buyer to refuse to purchase the property if the home inspector determines that the structure is not physically sound. Termite problems or signs of other wood-destroying insects are great reasons for a buyer to opt out of the contract. In such cases the seller usually return the buyer’s down payment and everybody walks away from the table. Home inspections are relatively convenient, inexpensive and will save you a lot of time and money.

Finding a New York Real Estate Lawyer?

When looking for legal representation, most importantly, you want a New York Real Estate Attorney whom you feel comfortable with. If you don’t feel comfortable with a particular New York Real Estate Attorney, chances are that you will not have a good working relationship.

An experienced New York Real Estate Lawyer, who you feel comfortable with, can be greatly beneficial in explaining and reducing the mystery out of buying or selling real estate in New York. Your New York Real Estate Lawyer can review and prepare the contract of sale, order title insurance, and conduct key parts of the transaction. Making sure the property you are purchasing has no undisclosed liens. If they do exist, your New York Real Estate Lawyer can take care that they will be satisfied prior to the closing.

The last thing you need is to have doubts and questions about your transaction. You want to make sure that after all the documents are signed and notarized, that you understand what just happened and that you are confident that everything was done correctly.

When should I close the deal?

The closing is the climax of the transaction. The buyer’s New York Real Estate Attorney is normally the ringmaster who coordinates the time and place of the closing. The closing is where the parties meet to finalize the deal. Normally the parties you will see at the meeting are the seller and their New York Real Estate Attorney, the bank’s New York Real Estate Attorney, and the title representative. What occurs at the closing table can be broken down to three major steps:

The bank makes the loan to the buyer and in return the buyer gives the bank an interest in the property (Mortgage)

The buyer turns that loan over to the seller and in turn receives a deed from the seller

The title company makes certain that the seller does indeed own the property they are transferring

Unless there are any serious outstanding issues, the closing can take about 2-3 hours. At this stage, the buyer should have obtained homeowners Insurance prior to the closing. Since not all insurance companies charge the same prices for the replacement value of a house you might want to shop around before the closing.

Lastly, a day or two prior to the closing, it’s always a good idea to do a walk though of the property to make sure that it is in the same condition as when you decided to buy it.

Find A Real Estate Lawyer – Role Of A Lawyer In Property Sale

If you are selling your property, you must find a real estate lawyer to be equipped with precise legal support to handle legal issues involved in the sale. Buyers appoint their own lawyer, so make sure that you have reinforced your legal position with an experienced and proficient real estate lawyer or attorney. When you are searching for a lawyer, you must check out his profile, cases handled and resolved by him, his credentials, profile of the law firm in which he is practicing and many more factors. The easiest way to look for a best real estate lawyer would be to go through online real estate lawyer sites, rather than looking around in your vicinity. Checking track records and credentials of a lawyer becomes easy task through websites of the law firms and individual legal consultants.

Job Of A Property Seller’s Lawyer

Although there is no distinctive function or job defined for a lawyer taking care of legal issues in the sale of a property, such a lawyer usually performs the following tasks to help you in property sales –

1. He/She will draft and review sales contract

2. Ensure title of the property and the documents pertaining to the property are properly included in the sales

3. Revise mortgage information and re-calculate transaction to ensure that those are correct

4. Revise tax bills related to the property

5. Adjustment of dates for utility costs, condominium costs or municipality costs

6. Assessment of the amount of due refunds, if any

7. Drafting statement for adjustment

8. Drafting transfer deeds

9. Taking care whether their clients are able to deliver title to the buyer, when the sale is closed.

Documentation Asked By A Real Estate Lawyer From His Clients

As a seller, you are required to keep ready some essential documents if are about to find a real estate lawyer. Following are the documents your lawyer would require –

  • Latest tax bill issued on your property
  • Last year’s utility bills on property
  • Mortgage details
  • One copy of the offer accepted by buyers
  • Transfer documents on the property since when the property was purchased
  • Additional relevant records which prove that you are the owner of the relevant property.

Fees Charged By Real Estate Lawyer

As you close a property sale deal, be prepared with some payments. Find a real estate lawyer to take care of these payments, including real estate attorney fees. You must keep aside a portion of your profit for insurance, taxes, liens and assessment, escrow charges or charges for title insurance, inspection fees etc. Your real estate lawyer may charge you commission and transaction fees.

Real Estate Attorney – Selecting a Lawyer

When dealing with property, it’s always a good idea to seek the counsel of an experienced real estate attorney. But where does one begin? How can you determine the good from the bad? In this article, we will outline the steps necessary to choosing a quality lawyer.

To begin, you should make up a list of prospective options. Ask around to family and friends to see if they have any recommendations. Do an internet search and check out reviews from previous clients.

Once you have a good size list, take a few minutes to make sure that you are looking at the correct type of lawyer. Even in the real estate field, there are a number of specialties that set individual lawyers apart from one another.

Types of real estate law include:

1. Landlord / Tenant

2. Residential

3. Commercial

4. Agricultural

5. Industrial

Other types include construction and environmental law. It’s important to note that an expertise in one of these areas does not necessarily guarantee the same in another.

The next step is to effectively find out every detail you can pertaining to your list of candidates:

Check out the website. What is their expertise? Do they have any reviews?

1. What kind of experience do they have?

2. Do they represent consumers?

3. Take a look at the list of representative clients (if available). Does this lawyer work with businesses or individuals similar to you?

4. Ask around to see if they have a good reputation.

5. Ask about conflicts of interest. Does the lawyer represent any of your opposing parties?

Consider any special needs worth discussing. For example, could you benefit from an attorney who is fluent in a language other than English?

When you break it down, there are really only two types of real estate attorneys: those who handle contract matters (transactional), and those who handle lawsuits (litigators). There are some who do both, but more often than not, you’ve find those who specialize in one or the other. If you are involved in a lawsuit, you should find yourself a litigator, otherwise a transactions specialist my be your best option.

If your issue does not involve a lump sum of money, consider whether there may be other individuals with the same issues. If so, you may just be able to pool your funds together and hire the same lawyer.

By this point, you should have a fairly good idea of which option best suits your needs. Schedule a consultation so that you might discuss your situation and determine a game plan.

Hopefully, you now have yourself a better idea of what goes into hiring a real estate attorney.

Ohio Real Estate Lawyers

While Ohio real estate law does not require you to have a real estate lawyer, there are certain instances in which having a lawyer may be a good idea. When buying a property that has any common interest developments, it may be difficult for the average consumer to discern between parts of the property that are for one’s exclusive use versus parts that are for community use. Common interest developments, such as condominiums, may have ongoing litigation that may have an adverse effect on the future value of the property. A real estate lawyer can explain what the possible outcomes of ongoing litigation may be, so you can make an informed choice about whether you want to invest in the property. A real estate lawyer can also help ensure that the title to a property is good before a buyer closes on a sale.

Try and find a lawyer who is recommended by someone you trust, such as a friend or family member. Never choose a real estate lawyer simply based on the recommendation of your real estate agent. However, you may be able to find a lawyer who is also a licensed realtor.

You should ensure that the lawyer specializes in real estate law by checking with state and local bar associations and realtors’ associations. The American College of Real Estate Lawyers (ACREL) website provides links to members by state, and has many members from Ohio.

Most lawyers will answer preliminary questions for free. Make a list of your questions and use this list to help you find a lawyer who you think will represent your interests in a competent and ethical manner. Before making a final decision, ask what the lawyer’s charges are. Some real estate lawyers will work on for a fixed fee in more straightforward cases.

Real Estate Law in Today’s Economic Climate

Real estate law has a very prominent place in the United States regardless of the economy. The nature of this type of law, however, does change according to the economic climate. During upward economic swings when the industry is filled with new development deals, sales, and loan applications, real estate attorneys are needed to write up contracts for new deals, demand payment for loans, draw up agreements for development plans, and more. During difficult economic times, these attorneys focus more on foreclosures, bankruptcy, and loan refinancing.

What Real Estate Lawyers Do

The demand for attorneys experienced in this area of law is extremely high at the current time, as most United States citizens have experienced some form of financial loss. These attorneys work with a variety of different individuals who are trying to take the best route concerning the losses they are experiencing. These clients include:

  • Developers–many developers are stuck in high cost construction deals that were put in place before economic problems arose. They may be trying to find ways out of the contracts they are currently bound to regarding these deals.
  • Private investors–investors who put large amounts of money into construction deals prior to the economic collapse likely lost large sums of money and want to find out about their options.
  • Landlords–many tenants are now defaulting on rent and landlords want to know about their rights and options
  • Commercial tenants–tenants defaulting on rent also want to know if they have any legal options that may allow them to stay in the space they are currently in
  • Individual homeowners–many homeowners are now unable to pay mortgages and are fighting foreclosure

Real Estate law has a solid place in our society and understanding its function is important if you are working in the industry.

Anti-Fraud Law in Georgia Real Estate

Georgia real estate properties translate into fraud opportunities and baits for many unscrupulous individuals trying to lure prospective buyers and victims in the Georgian landscape. From 2002 to 2005, Georgia is a consistent topnotcher among mortgage and real estate fraud cases in the US documented by TPG or The Prieston Group. It is therefore not surprising that despite the beauty of Georgian properties, the real estate industry of Georgia continues to suffer setbacks brought by fraud.

According to the Prieston Group, a fraud protection and prevention group, there’s a number of ways in which fraud can be committed. The types of fraud operations preying on Georgia real estate investors include occupancy fraud, false rent verifications, appraisal fraud, broker fraud, investment schemes, and identity theft. Among these, 48% of the claims from Georgia are filed as occupancy fraud. It occurs when a mortgage borrower knowingly misrepresents the intention of living in the property in a ploy to obtain lower mortgage rates. It does not matter whether the borrower is the owner of the property, an investor after lower financing costs, or a con artist attempting to get away with fraud. Fraud is still fraud, and the local Georgian government is pushing for more stringent measures to lower the state’s fraud ranking and protect it’s real estate industry.

The state upholds the Georgia Residential Mortgage Fraud Act which names misstating, omitting, and misrepresenting facts and intentions in real estate deals as criminal acts. Mortgage felony of this nature merits a 10-year jail term and fines amounting to $100000. Although there is wide appreciation for the mortgage fraud policy, there are some parties that see problems in upholding the policy. They claim that lenders unaware of the borrowers’ fraudulent intentions are also criminally liable. Michael Brook, a specialist in mortgage law, counters the claim by stating a policy provision that states that lenders are allowed to be defendants to plead their cases in the event that they are involved in fraud cases. In addition to the lenders, appraisers, brokers, real estate agents, and investors are possible defendants in a fraud case. He asserts that the stringency of the new policy makes committing frauds more difficult which discourages potential lawbreakers. He also claims that the move by Georgia serves a paradigm for other states. At present four more states are upholding similar laws, and California, another real estate hotspot is considering to adopt a similar policy.

The Georgia Residential Mortgage Fraud Act continues to boosts the real estate industry of state. Despite the mix of reactions regarding the new policy, there is no doubt that it minimizes risks of fraud in investing in Georgia real estate properties. Finally, hopes for the redemption of Georgia as fraud hotspot are high in the near future. The state looks forward to more real estate investors and the revival of its industry.

Texas Personal Injury Laws

Tort law

Personal injury laws revolve around tort law. The basic premise of tort law assumes that a person who suffers injuries due to the actions of another deserves compensation for the injuries. Texas law recognizes three types of torts:

  • Negligent torts: Most injury cases fall under this category. In a negligence case, the plaintiff files a lawsuit stating that he or she suffers an injury as a result of negligence on the part of the defendant. A common example of negligence includes reckless driving that results in an accident with another car.
  • Intentional torts: This category includes the wrongful actions that the defendant commits intentionally. Battery and assault are examples of intentional torts. In order to successfully win this type of case, the plaintiff must prove the defendant committed the tort and intended to cause harm.
  • Torts based on strict liability: Strict liability is less common and contends that the defendant is liable for the injury regardless of fault. An example of this type of lawsuit is a case in which manufacturers are liable for injuries caused by their products.

Statute of limitations

The statute of limitations for injury cases in Texas is two years. This means that you have two years from the date of the injury to file a claim. After this time elapses, you are no longer eligible to file a personal injury claim.

Resolving personal injury claims

Personal injury claims are resolved in one of two ways:

  • Injury settlements: The majority of cases are resolved in settlements in which the plaintiff accepts compensation from the defendant and agrees not to take the case to court.
  • Litigation: If a settlement cannot be reached, the case may proceed to court. In court, a judge makes the final decision regarding the amount of compensation.

Property Law – Real Vs Personal

Property law in the United Kingdom is divided into three regions – Scotland, England & Wales, and Northern Ireland. The property laws of Scotland are quite different from that of England and Wales. However the property laws of Northern Ireland and England are fairly similar. Scottish law had originated and was derived from the Scottish feudal law system. However it has undergone extensive adaptations and changes under the modern statute. English and Welsh law originated and were derived from the English common law and English traditions. Many people are under the false notion that the property laws of England were derived from Roman law.

Under the English law is briefly divided into “personal” and “real.” This demarcation of into personal versus real is synonymous to dividing the same into immovable and movable property. This concept of movable property originated from the Roman era, where Roman law considered that personal belongings would essentially include goods, money, and all other movables which the owner may carry with him wherever he sees fit.

This essential demarcation between real and personal property still prevails in England and is characterized by the following:

• In real property there can only be limited ownership

• Personal property cannot include estate and can be considered to complete ownership

• Personal property cannot be subjected to the other incidents of real – mainly lease, renting, dowers or escheat.

• Upon the demise of the owner, in case of him dying intestate, not having left behind a will intestate real property will descend to his legal heirs, whereas all other belongings will be distributed as per the Statute of Distributions.

• Real property needs to be transferred through a deed, whereas personal property does not require any such formal approach for transfer.