Knowing your rental property law is the most effective way of managing your tenants smoothly and staying out of trouble. Learn more about the important and common landlord tenant laws today.
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Arizona law imposes an affirmative duty on sellers of real property to disclose facts known to the seller, but not to the buyer, which materially affect the value of the property or the buyer’s decision to purchase it. In other words, if it is something a buyer would want to know before plunking down his or her hard-earned money, it has to be disclosed.
The Arizona Court of Appeals discussed this disclosure duty in the seminal case of Hill v. Jones, holding that the duty to disclose exists where:
The nondisclosure of known facts is akin to representing that the fact does not exist, as in the case of misleading or incomplete disclosures: “[W]hen one conveys a false impression by the disclosure of some facts and the concealment of others, such concealment is in effect a false representation that what is disclosed is the whole truth.”
Agents and brokers also have a duty to disclose information known to them. This duty to disclose is even greater with respect to the agent and broker representing both parties to the transaction. In their dual-agency capacity, such agents and brokers owe a duty of ‘full and frank disclosure” to both parties because both parties are their clients. This duty requires the full disclosure of true facts. “Suppression of a material fact which a party is bound in good faith to disclose is equivalent to a false representation.”
If you are the buyer or seller of real estate in the State of Arizona and you are facing a disclosure or non-disclosure issue, you should consult with an Arizona real estate law firm to ensure that your rights are protected.
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When buying or selling a property in Queensland it can be a temptation to try to handle the conveyancing yourself in an effort to save money. Unfortunately, more often than not people attempting to use DIY kits to handle their Queensland conveyancing needs end up paying a lot more in time, frustration and money.
The average person just doesn’t understand all the complicated steps that are involved in properly conveying a property and often miss important deadlines or incorrectly fill out paperwork which can not only cost them more by way of extra fees, but could even cause the entire deal to be lost. It is also important to note that the REIQ (Real Estate Institute of Queensland) strongly discourages people from using DIY kits and suggests they hire a qualified Queensland conveyance solicitor.
Stay one step ahead of your transaction
A qualified Queensland conveyancing service will help keep you one step ahead of the process in your real estate transaction. All paperwork will be handled properly and deadlines will be met on time. Any possible problems in your real estate transaction will be foreseen and handled appropriately preventing unnecessary delays and even worse the possible loss of your deal. With a qualified Queensland conveyancing service you can set your mind at ease and let them handle the stressful situations with the secure knowledge that your deal will be handled appropriately.
Prevent costly mistakes by using qualified conveyancing solicitors
A real estate property transaction, such as the sale or purchase of a home, is likely one of the biggest financial transactions you make in your lifetime. Making a mistake in the conveyancing process could cost you dearly, in more ways than one. Choosing a qualified Queensland conveyancing service can prevent these costly mistakes and help your transaction to flow smoothly. The peace of mind alone is worth more than the price you will pay for a proper Queensland conveyancing service.
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Brad Mifsud is the owner of a Queensland Conveyancing Firm offering conveyancing services in south east Queensland, Australia. Brad offers professional quality advice to individuals including warnings on using DIY conveyancing kits and is the one of the best Brisbane Conveyancing firms in operation today. Article Source: http://EzineArticles.com/?expert=Brad_H_Misfud |
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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.
On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.
Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.
The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.
If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.
If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.
Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.
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Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail. Article Source: http://EzineArticles.com/?expert=Joshua_Slepkow |
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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.
On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.
Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.
The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.
If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.
If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.
Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.
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Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail. Article Source: http://EzineArticles.com/?expert=Joshua_Slepkow |
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The eviction court hearing is the final, most important part of the eviction process. In an eviction for non-payment of rent, the eviction hearing will occur on the ninth day after filing the complaint. For all other types of evictions, the eviction hearing will only occur after a Motion to Assign has been filed with the court.
On the day of the hearing you should make every effort to arrive on time. The hearing will begin promptly at 9:00AM. If you are even a few minutes tardy, you may miss the call of your case. Be sure to find the appropriate court room, as there are many different courts in session on any given day. If you do not know the appropriate court, you should locate one of the court clerks and ask. If you are represented by counsel, your attorney will likely arrange a time and place to meet in the morning.
Before you enter the courtroom, be certain to turn off all cell phones and pagers! If your cell phone/pager rings during the hearing, you will likely be asked to leave the courtroom. Occasionally, the bailiff will confiscate the offending device and hold it until the end of the day.
The court session will begin once the Judge enters the courtroom. The first order of business is the call of the calendar. During the call of the calendar, the judge, or the clerk, will read the name of each case scheduled to be heard on that day. When you hear the name of you case, you should stand up and announce your presence in the courtroom. Typically, a simple “here” or “Defendant/Plaintiff” is sufficient. If you are represented by an attorney, your attorney will handle this portion of the hearing.
If only one of the parties, either the Plaintiff or the Defendant, attends the hearing, the case will be called, “Ready Formal.” If you are the Defendant and this occurs, the case will be dismissed. If you are the Plaintiff and this occurs, you will be able to proceed against the Defendant on an oral proof of claim. You will likely be successful, as there is no Defendant to assert a defense, as long as you have satisfied the legal formalities of the eviction process.
If both parties attend the hearing, the case will be called, “Ready Contest.” Once the Judge has completed the call of the calendar, the Judge will allow the parties to exit the courtroom in order to begin settlement discussions. If the parties are able to reach a settlement, the parties should prepare a stipulation and present it to the bailiff. (Blank stipulations can be found at the front of the courtroom.) If the parties cannot reach a settlement, then the parties should reenter the courtroom for a full hearing.
Legal Notice: Slepkow, Slepkow, & Associates has prepared the materials contained on this website for information purposes only. This information concerns Rhode Island law only and should not be construed as legal advice. No one should rely on any of the information or advice contained on this website without obtaining legal counsel. Slepkow, Slepkow, & Associates is not responsible for any material contained on those sites to which we have linked. The Rhode Island Supreme Court licenses their lawyers in the general practice of law. This Court does not license or certify any lawyer as an expert or specialist in any field of practice.
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Joshua S. Slepkow, Esq. is an attorney as Slepkow, Slepkow & Associates located in East Providence, Rhode Island. For further information about Rhode Island Landlord/Tenant Law & Evictions please visit his website: http://www.rilandlordtenant.com . On this website, a form is also provided to contact Joshua directly via e-mail. Article Source: http://EzineArticles.com/?expert=Joshua_Slepkow |
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At any time after the lawsuit is filed, homeowners can begin the process of obtaining information from the bank regarding the mortgage and the foreclosure. In the courts, this is known as “discovery,” and can be used by either side to produce documents and determine which issues are at stake in the lawsuit. This process will also give borrowers more information on what defenses to raise, as they can begin it as soon as they have been served with the paperwork, and how best to argue the case if it goes to a trial.
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There are many ways that a person can save time and money by tackling a project themselves rather than hiring a professional - conveyancing is not one of them. All too often consumers are enticed into buying do-it-yourself conveyancing kits that promise to save them lots of money on their property transaction. Unfortunately, these people are unaware of the many aspects of conveyancing and the large majority of do-it-yourselfers make serious errors or omissions during the process that can cost them thousands more than hiring a professional in the first place. Even worse, many times the entire property deal is blown and the consumer has to start over from ground zero.
Consulting with a Brisbane conveyancing solicitor can save you time and money and avoid many of the frustrations involved with trying to handle the job on your own.
A qualified Brisbane conveyancing solicitor can handle all of the details that you might miss such as undisclosed liens on a property or problems that may affect the value of a property the ability of the title to be transferred to the new owner. Your Brisbane conveyancing expert uses a unique tracking system that allows him to know exactly where you are in the process and what steps need to be completed to ensure a smooth and efficient transfer of the property’s title.
A homeowner may want to tackle small fixer-upper jobs on their own to prepare their property for sale such as painting and making small household repairs, but when it comes to something as complicated as conveyancing they will do much better to leave it to a qualified Brisbane conveyancing solicitor.
Your property transaction is likely to be one of the most important deals of your life and even a small mistake can spell disaster. An experienced Brisbane conveyancing expert can take the worry out of conveyancing so you can move on with your life without worrying that your property deal will be shattered.
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Brad Mifsud is the Legal Practice Director of a leading Queensland Conveyancing firm “Charter Conveyancing”. Brad is dedicated to providing a full range of services to ensure your property settles on time, all at a low fixed price. Article Source: http://EzineArticles.com/?expert=Brad_H_Misfud |
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I am old enough to remember Laurel and Hardy. One of their stock lines was “Well, here’s another nice mess you’ve gotten me into.” As an HOA Board member or just a homeowner have you ever felt that way? Have you ever just looked around and suddenly said: “How did we get here?” All of us have and all of us have scrambled then to get out of the mess. Peter Senge in The Fifth Discipline mentions a few laws of how systems really work. In my last article I mentioned three things that sometimes indicate an organization has a learning disability. This article deals with some of the “laws” or processes that may be operating around us.
The very first one he mentions is “Today’s problems come from yesterday’s solutions.” Oftentimes the current problem is a direct result of an old solution adopted months or years before. Like the “snake under the rug” story he tells (Please look at the book to see it.) We see the problem only to move the bump around a bit and the bump turns out to be a snake! Many times on HOA Boards, the ones left with the problem, actually inherited a solution of another Board. The only way to deal with this law of systems, is deal with a solution that tries to fix the system, not just the bump. Sometimes this is related to the idea of the law of “unintended consequences.” We try to fix one bump only to create several more once the “fix” works it’s way into the system.
Another law he mentions is “The easy way out usually leads back in,” or as he describes it, “just give me a bigger hammer.” Sometimes organizations try solutions that have worked in the past or just easy solutions that may or may not address the real issues. It is easy to say sometimes “Well the last time we just found a new management company,” and do the same thing again. The problem may not be the management company itself, but the system the Board asks them to live and deal with. Getting a bigger hammer, by raising fee rates, or cutting services might be “easy enough” to do, but do they really address the systemic issue or just another symptom? Sometimes the mess just recycles itself, and quickly.
Another law he mentions is related to the learning disability of only dealing with events, rather than long-term processes. The law is “Cause and effect are not closely related in time and space.” I am an historian by education and sometimes people ask: “Well what caused so and so to happen?” The explanation is often much longer than they expected. The reason for that is cause and effect, unlike what we have learned, are sometimes not directly connected. Besides that, there may be many causes producing the one effect we see today. In this day of instant messaging and instant news, we allow people like newsmen to give us a 90 second sound bite description that pretends to address the event and its cause, and we are often wrong in doing so.
In life, and as members of an HOA, we need to stop and look and not assign just one cause to the effect we are dealing with. For example, what if the person’s lawn who looks so shabby isn’t just being lazy, but is a newly divorced single mother who is coping with a myriad of “shabby lawns” in her life. Okay, obviously the Board cannot solve all the problems of that particular person, but maybe the Board doesn’t have to send a warning letter about Covenant violations. However, what if COMMUNITY and NEIGHBOR suddenly became a real experience in her life? Could it be that at least one of her problems and the apparent problem of the Board might be fixed in another way?
How do you get out the mess you find yourself in? Here are a few suggestions:
1. STOP. Take a long look at the big picture, a panorama of processes, that led to the mess instead of just the mess.
2. Avoid the temptation to use “well tried solutions” when they may not address the real underlying systemic problems.
3. An HOA Board cannot solve everything, but it can do something to change the way the system works, not just produce quick fixes.
4. If you are in a mess find a way to stop messes from happening, not just look for a cleaning crew.
5. Look inside the Board’s processes, plans, and procedures instead of trying to find the cause “out there.”
By the way, in the Laurel and Hardy sketches, it was usually Oliver (the plump one) saying that line…”Well here is another nice mess….” to Stan (the thin one.) It was always true that the mess they were in was not Stan’s fault alone. Ollie made decisions too. As an HOA Board who do you identify with?
Be watching for my next article dealing with why Homeowners Associations and Community Groups need to look at two words: Community and Neighbor, and discover again what their over arching purpose really might become.
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As foreigners can’t own land in Thailand (section 86 Land Code Act), leasing of land is the common way for foreigners to hold land and invest in real estate in the Kingdom of Thailand.
This article aims to explain the concept of land lease for residential purposes and how to structure long term possession of land/ real property in Thailand by foreigners in Thailand
It is legally permissible for foreigners to lease land in Thailand and then build on that land in their own name in Thailand. Lease or hire of immovable property (land, land and house, condominium) for residential purpose by foreigners is governed by the Thailand Civil and Commercial Code since there is no other specific law issued regulation this matter. The law is applied in the same manner if the hirer (lessee) is a foreign or a Thai national.
Any lease in Thailand over 3 years is enforceable if the lease is made in writing and registered by the competent official (the local land office where the land is located). The land official will record the lease in the official registers of the Land Department and in the land title deed copy of the owner, i.e. the Nor Sor Sam, Nor Sor Sam Gor or Chanote land title document (no registered lease rights are possible against lower land claims).
The first and most important document to assess in any real estate investment in Thailand is the land title document. The legal acts and rights registered against the land are noted on the back-side of the document and shown on the land title deed copy of the owner.
The maximum fixed and registered term under Thai law an owner can legally burden his property with a right of possession (e.g. lease, right of habitation, usufruct, superficies) is by law thirty years (sections 540, 1403, 1412, 1418 Thailand Civil and Commercial Code).
Section 540 Civil and Commercial Code Thailand: ‘The duration of a hire of immovable property cannot exceed thirty years. If it is made for a longer period, such period shall be reduced to thirty years. The aforesaid period may be renewed, but it must not exceed thirty years from the time of renewal’. Section 564: ‘A contract of hire is extinguished at the end of the agreed period without notice’.
The 30-year land lease may be renewed, however, a promise in the current lease to renew the lease is a personal right and not a registered lease right. Real lease rights are attached to the real property rather than a person and are enforceable against third parties (e.g. transferee owners). Real rights follow the title of the property rather than the person. If the owner of the property dies or transfers ownership of the property during the lease term, the property transfers including the real rights it is burdened with. Personal rights will not follow the title to the property. If the person dies a personal right or obligation dies with him. Personal rights are contractual promises between the parties signing to the lease agreement only.
An option to renew the lease after 30-years or a purchase option (under present 2008 land office regulations a land purchase structure in the foreigners name may be refused when registering the lease) are deemed a personal right by the Supreme Court of Thailand, therefore under present law not enforceable if the property is transferred during the lease term. Under present law renewal promises is a personal promise given by the owner signing to the lease, i.e. after 30-years a new period must be registered at the Land Department and this is not enforceable against or by persons who are not party to the lease agreement.
Considering the legal status of non-lease rights in the lease an additional right of superficies (the right to own structures upon someone else’s land) could offer additional protection when leasing undeveloped land (e.g. you could lose your rights under a land lease agreement, but your rights to the land under the right of superficies agreement could remain and enforceable).
A right of superficies is not required for ownership of a structure, and proof of ownership of a structure in Thailand is primarily established through either a building permit (e.g. who’s name is in the building permit is assumed to be the owner of the building) or in case of an existing building the official Thai Land Office sale agreement (e.g. the name shown in the sale agreement administrated at the local land office is assumed the owner of the house).
Despite the fact that lease agreements suggest to guarantee lease renewals after 30-years it is important to separate personal contractual rights in the lease agreement from the real lease rights, which in the end are the registered rights and which will follow the land title of the land.
An investor of a leasehold property is not protected if the lessor goes bankrupt, dies or simply breaches his contractual obligations.
Property professionals may say you are protected to the fullest extent possible under Thai law, however, in practice leasehold structures are guaranteed for thirty years only. Lease structures in Thailand beyond thirty years are generally set up to generate sales, rather than offering guarantees to foreign investors.
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