reale state law

Wednesday, November 10, 2010

What Are Environmental Searches For Conveyancing

By Gavin Brazg
An environmental search is a desktop study of the land in question and surrounding land which aims to establish all of the past uses of the land. By doing this, the search provider can establish how likely it is that the land could have become contaminated in the past. For example, if a property is built on the site of an old chemical works then there is clearly a risk that it may have suffered contamination as a result and the search result may come back as "failed". This does not mean the land is definitely contaminated, only that there is a realistic possibility that it might be.

If on the other hand, the search provider's investigations reveal that the land has always been used for residential purposes or for grazing land, it should come back with the result "Passed", which means that in the searcher's opinion there is no realistic possibility of contamination as a result of past land use.

Where Do I Get One and What Will It Cost?

There are a number of companies out there that offer environmental searches. Groundsure is one of the major ones as is Jordans. They are generally ordered online and will probably cost around £60 for a residential property. Commercial sites or development sites will be more expensive. The results are generally returned electronically, within 24 hours.

If I Get a Clear Result, is the Land Definitely Not Contaminated?

The search is not physical survey so a clear result does not guarantee no contamination. The advantage of a clear result however is that it operates a warranty by the search provider that past uses of the land would not have led to contamination and it is a warranty that is backed by professional indemnity insurance so that if it transpires in future that the result was inaccurate, you will be insured against any subsequent loss.

What Can I Do if I Don't Get a Clear Result?

Where the past uses of the land suggest that it is likely the land may have suffered contamination at some point the search result will be returned "failed". If this happens then further investigations will be required. For a fee, the search provider will make these on your behalf, or you can make them directly. The first step would be to contact the local authority's environmental department to enquire whether they have any record of the land being contaminated. If this does not reveal anything, a copy of the planning permission for the development should be obtained. It may have been a condition of the planning permission that a soil survey be conducted. If so, the local authority or the developer should have a record of the results.

If a soil survey has been carried out then either it should have been clear or else the developer should have had the land "cleaned up" and obtained subsequent confirmation that the contamination was dealt with.

If none of these enquiries bear any fruit it may be necessary to instruct your own soil survey, though this is likely to cost several thousand pounds and the seller may object to it being done since should the land prove to be contaminated he will need to pay for the clean up.

Another alternative is to purchase indemnity insurance, which can usually be obtained via the search provider, and will cover you against any loss suffered should the land prove to be contaminated as a result of the former use which led to the "failed" search result.

What are the Risks of Buying Contaminated Land?

The Environmental Protection Act 1990 gives the local authority the power to order the owner of land that is deemed contaminated to arrange for land to be cleaned up, at his own expense. Depending on the nature and extent of the contamination the cost of the clean up could be several thousand pounds. The owner can be liable even if he was not the original polluter.

Where no search has been carried out it is unlikely that you will be able to sue the seller to recover your loss, unless you raised specific enquires and seller made a misstatement in response.

Illegal Dumping and Waste Disposal

The environmental search can only look at past recorded land uses to establish the level of risk. Naturally, as it is not a physical survey, it cannot comment on any unrecorded and/or illegal use, and the search provider cannot be liable if the land proves to be contaminated as a result of illegal activities. Any indemnity insurance policy purchased as a result of a failed search would also not extend to cover illegal contamination.

Other Information Provided By The Search

As well information on past land uses an environmental search will usually provide additional information, which is not taken into consideration in arriving at an opinion as to whether the land is contaminated. This will include information on whether it is in a flood risk area or whether it is at risk from subsidence. It may also advise on things like the proximity of power stations, mobile phone masts or power lines.

Now that you know the challenges you face in the current property market, visit the our website and read our expert guide on how to manage your conveyancing solicitors process.

Extending a Lease Without Anger or Tension

By Tim Bishop
You're worried by the thought of your leasehold extension aren't you? In particular, you're stressed about the number of meetings, forms to fill in and the amount of bureaucracy that is going to be involved.

Life is busy enough; extending the lease on the apartment will be another hurdle to get through. It's all beginning to make you feel a little angry at the thought. You'd rather be at the gym.

Meanwhile, the leasehold extension on your flat must be attended to; you know that it is sensible when the lease is about to fall below 80 years. You know that this stage is important and you shouldn't delay acting. Leases on flats are generally between 99 and 125 years.

Where do you even start when you're thinking about extending a lease? What do you need to know? What should you know? Much easier to tackle some other, more fun problem, such as getting a new mobile phone!

Fine, except that:

- your flat will be decreasing in value as the length of the leasehold falls...

- it will be hard to find a buyer...

- trying to sell will be a nightmare...

- high street lenders are not often keen to give a mortgage...

- it makes you want to go home and be grumpy with everyone.

Why? Because something so simple, extending a lease, your lease, is unresolved. Do you really want your next problem to be going to an anger management class?

No! It's far easier to consult a solicitor who knows about leasehold extension. He or she can guide you in a clearly explained, straightforward way through the paperwork. A specialist solicitor will let you know what your rights are, and how to exercise them. In an uncertain housing market, with present post Budget belt tightening news, mortgage lenders are redefining lending criteria. They may prove even more reluctant to offer mortgages on flats with short leases. They also know that purchasers are likely to be more willing to pay more for a longer lease.

Extending a lease on a property is a fairly straightforward process, if you consult the right person who can guide you through smoothly.

Think about it. The procedure to extend your lease is likely to be a less stressful route than sitting around watching those years drop lower and have a flat that you cannot sell. Ask yourself: which is least likely to bring on the sparks of annoyance?

Get that leasehold extension sorted, bring in calm. Consult an experienced solicitor who can help you extend your lease, now.

Power of Attorneys and Your Affairs

By Kim L Matheson
Who would you want taking care of your affairs if you were no longer able to? Many people can be faced with having to make this decision and want ensure you get it right.

Once you have made the right decision you can appoint that person as your Power of Attorney. But what exactly is a Power of Attorney. This gives someone the right to act legally on your behalf to the extent you specify in the Power of Attorney.

There are two types of Power of Attorneys:

General - You appoint some to help look after your affairs. The person could be a family member, solicitor, friend or some one you trust. You can specify the Powers do deal with matters such as your money, property, personal affairs, or your estate. Or it could be to deal with your affairs whilst you are away over seas. A general Power of Attorney only remains valid whilst you still have legal capacity. It will cease if you lose mental or physical capacity to instruct the attorney.

Enduring Power of Attorney - This type of appointment of an Attorney grants the power to deal with all of your affairs if you become mentally incapable. But you must arrange the Enduring Power of Attorney before you become mentally incapable to administer your own affairs otherwise the Enduring Power of Attorney will be invalid. In this category there are two types of Enduring Power of Attorneys. One gives the right to manage your financial affairs and property matters, the other gives the right to make legal decisions about your personal care and welfare.

So remember to make sure you give this Power to someone you trust.

Article by Kim Matheson Principal of Property Conveyancing Services Ltd. Looking for a Company who specialises in Property and Business Settlements we are the experts in this field. You will be backed by a team of Conveyancing Practitioners with a combined 50 years industry experience. Property and People are our passion we look forward to being of service to you. Servicing New Zealand

Unclaimed Property Law: A View Of Different States

By Yanni Giannaros
Huge budget deficits are rekindling the torch for non-tax revenue sources. As a result, the state might more stringently enforce New York unclaimed property law. Examples of unclaimed property range from uncashed vendor and payroll checks to unclaimed insurance policies. After a set amount of time and several attempts to contact the rightful owner, New York law requires businesses to turn over these assets to the state. The state then becomes the perpetual custodian of these funds. The New York unclaimed property tax law is one of the oldest in the country and was enacted in part to protect individuals from losing their assets to businesses who were conveniently lax in their notifications to debtees.

However, since a majority of funds remain unclaimed and non-liquid assets are auctioned eventually, unclaimed property has evolved into a revenue source. According to the National Association of Unclaimed Property Administrators, there is about $33 billion in property that has already been escheated, or turned over, to the comptrollers of the fifty states. Estimates also speculate that only 20% of businesses correctly abide by these laws, meaning that the corporate landscape is ripe for audits designed to enforce New York laws. Non-compliant businesses would not only be required to turn over this type of property, but also be subject to fines and, in cases of fraud, possibly face criminal prosecution. Rather than being an unsuspected windfall, these forms of payments represent a significant liability. A successful auditing procedure has several components.

* A thorough knowledge of New York law and its impact across the types of property in your possession.
* A categorization and reporting of all forms of payments
* A resource and procedure for obtaining updates and revisions to the New York law.
* Procedure for necessary notifications that are to be sent to claimants prior to escheatment.

In an environment of budget deficits and tax shortages, failing to report property represents a potentially costly risk to businesses that are already vulnerable in a poor economy. Unless you delegate your reporting responsibilities to a trusted auditing company, you will need to train staff to apply the complexities of New York law. When the fine for willful inaction is $100 for each day past the filing deadline, ignoring your property could be a costly decision.

Are you interested in complying with state escheatment laws or learning more about unclaimed property in general? KeaneCo has been helping businesses comply with state escheatment law and unclaimed property laws for over 30 years. Contact them today and get expert help with unclaimed property reporting, compliance, and audit prevention.

Common Issues In Rental Property Management: Tenant Application And Screening

By Howard F Burns
I recently walked out of court with a client after a trial. Although we had won, my client was shaking his head in self-blame, interrogating himself about why he had ever rented to this tenant. Although my client's ordeal was largely over-we had obtained judgment against the tenant for possession and $8,000.00 in rent, costs, and attorney's fees-the judgment was not so much a measure of victory as it was a measure of loss, a public reminder of how much my client had allowed a bad tenant to get into him, how much he was now out of pocket for subsidizing the living expense and broken promises of a liar.

Not a month goes by in my practice that I don't hear clients utter the same phrase-sometimes in more colorful language-at least ten times: "I never should have rented to this guy. I never should have rented to this guy." In the case mentioned above, after the tenant fell behind and my client started looking into his background, he learned from a previous landlord that the tenant had a prior eviction. At the time of our trial, the tenant was also under indictment for mortgage fraud and had a prior criminal conviction for possession of counterfeit government bonds.

My curiosity piqued, I did my own superficial background check on the tenant and found that, since 1995, this particular tenant had amassed six eviction judgments in his real name and two more under an assumed name, a total of eight evictions in just fifteen years. So how did this tenant-from-hell wind up in my client's rental property? The need to ask the question is even more confounding when one considers that the rental was a new build, a four-bedroom house, rental price $3,200/ month, nice neighborhood, the kind of place that many qualified applicants would be happy to call home. My client didn't need bodies. What was the reason, then, that my client's rental property became home to The Convict and Serial Evictee?

Easy. My client didn't screen. He didn't verify the application nor did he run credit. Why? Because the tenant had made such a convincing appearance. He was mature, friendly, a good conversationalist, wore nice clothes, drove an expensive car, had a pretty girlfriend, and told a nice story about needing a house to start a family. The tenant also looked good on paper. He was, in short, an accomplished con man. Convinced that he had found the right man, my client skipped the verification process and signed a lease. And-when the rent started dribbling in, late, and the bad checks and broken promises outnumbered the timely payments-he soon came to regret it.

Every landlord-tenant relationship must begin with the same thing: a thorough application. Get a form application online, at Office Depot, or from your nearby landlord association. Just make sure that the application asks for the applicant's full name, driver's license number, social security number, and the last five years of home addresses. Most importantly, verify the information. Make the tenant show you his driver's license and social security card. This information will also help out collection efforts later should you wind up getting a money judgment against the tenant.

The application should include current and past employment information for five years, banking information, and vehicle information. Make the tenant verify the information on the application by producing three recent pay stubs, three recent bank account statements, and a current title for any vehicles. Some landlords even require two or three years of tax returns. The application should also include references-the most recent landlords if possible-and emergency contacts. This information will provide essential information about the tenant and will also come in handy later should you ever have to collect a judgment against the tenant.

The next step is to run the applicant's credit. The reports that you order up should include a combined credit report (i.e. a compilation report from all three major credit reporting agencies), an eviction and civil records search, a criminal database search, and employment and rental verification. You may charge the tenant the actual cost of the background check not to exceed $42.00. Sometimes the tenant, rather than pay the fee, will offer up his own credit report. Don't accept it; get one of your own.

The report will provide the information that you'll need to make an informed decision about the prospective tenant. You'll also be able to compare the report with the application and draw a conclusion about the prospective tenant's propensity for truth telling. The purpose of the report is not only to assess the prospective tenant's financial capacity and creditworthiness. You also want to weed out the liars. Take a pass on any prospective tenant that supplies inaccurate information, refuses to provide information, or who has recent eviction judgments.

I'm writing this article at the end of October 2010. In just this month, I have worked on seven eviction cases where the tenant had an eviction judgment within the last two years. That's just my practice, this month, and seven cases that I know about (i.e. where I learned about the prior evictions from my clients). There may have been others. The point is that bad tenants abound and you need to protect yourself from them.

Bear in mind some characteristics that I've discovered about tenants with recent evictions. First, they've learned a little something about the system. In other words, they know how to delay. Second, they don't fear the system. They're not afraid of court, judges, lawyers, the sheriff. They know the time periods and they know how to plan. Also, their credit is already wrecked so they don't fear the hits to their credit that an eviction judgment and money judgment will bring. Trust me, you don't want these people unloading a moving truck in front of your rental.

The deadbeat tenant usually has a string of financial victims. He's just trying to make you the next one. Whether that happens is up to you. Remember, though, that a prior landlord paid an attorney to take an eviction case through to a reportable judgment so that he could warn the world about the tenant. If you fail to screen, you are effectively nullifying that suffering and cost borne by the prior landlord. Don't make the past irrelevant, screen.

Eminent Domain and the Government's Right To Take Property

By Dan Biersdorf
It is important to understand that the power of eminent domain is not totally unlimited - there are cases in which the right to take can be challenged. The challenge arises when the basic eminent domain requirements for the taking are not satisfied. In order to take property from an individual property owner, a governmental entity must satisfy two requirements. One, the property must be used for public use, as defined in the federal constitution; and two, the property owner must be paid just compensation. There is also the issue of necessity, which is a sub class of public use. Necessity is the test that determines the amount of property needed to adequately undertake the public purpose. Notably: failure for the taking to fulfill the definition of public use could be a basis for stopping the taking of the property.

Public use, blighted property and the necessity requirement

In recent years, governmental entities have attempted to acquire property for redevelopment and revitalization projects by deeming entire areas and neighborhoods as "blighted" in order to satisfy the definition of public use. The term blight was first addressed in eminent domain law back in the 1950's. This term referred to a deteriorating neighborhood or property - essentially meaning that the area did not serve its intended purpose within the community.

Today, much of the controversy concerning the public use definition stems from the concept of "blighted" property. This poses the ultimate question, "Is the property actually blighted".

The term blight has created a perpetual battle ground in eminent domain law, where the heart of the battle is fought between property owners, who feel their property is not blighted, and condemning authorities. Governmental entities will overuse their power to exercise eminent domain and attempt to deem a lower grade neighborhood as blighted in order to acquire the property and have the area redeveloped in order to increase their tax base. Even though the area may not be technically blighted, governments will objectively call it that to settle the public use definition. In some states, but not all, the definition of blight lacks clarity making it easier for governments to misuse this designation in order to exercise their eminent domain authority. As a result, this area of eminent domain law is still very unsettled and interpreted differently by different states.

The case of Kelo v. City of New London, Connecticut most notably questioned the definition of "public use", and whether or not property could be acquired through eminent domain for the sole purpose of economic gain, even if the property was not blighted. The case was heard at the US Supreme Court who ruled in a contentious 5-4 decision in favor of the city and ultimately granted each state the power for crafting language in their statutes and constitutions specific to public use, the blight definition and whether or not eminent domain could be used for the sole purpose of economic gain.

As far as the right to take is concerned, there is a necessity requirement. In many cases, the issue of necessity does not arise. Under certain circumstances, however, a governmental body may reach too far in terms of the property it is condemning. Although this claim would likely not prevent the project from occurring, it would force the condemning authority to reevaluate the amount of property necessary to fulfill the public purpose and therefore limit the amount of land they can acquire.

Can I prevent the Government from Taking My Land?

As a property owner, you have the right to challenge the government's authority of eminent domain and this is the only way to stop the taking from occurring. Although this course of action is not recommended in most eminent domain cases, there are issues that arise that will justify this type of claim, such as the failure of the government to provide a proper public use; or failure of the property to meet with blight criteria as outlined in state statutes or constitution.

Dan Biersdorf, principal attorney at the law firm of Biersdorf & Associates, has been a trial lawyer since 1977 and has degrees in mechanical engineering and law. Dan frequently lecturers on property valuation matters, lobbies for property owner rights, and has achieved the enactment of important new eminent domain legislation in various states.

His firm devotes approximately 95% of its efforts to real property valuation litigation. These efforts are focused in two primary areas: property tax appeals and eminent domain claims. His firm only represents property owners, never the government or condemning authority.

Biersdorf & Associates has presented eminent domain cases in the appellate and state supreme courts across the country, and has attorneys licensed in fifteen states. The firm is also in the process of expanding into 2 additional states. The attorneys at Biersdorf & Associates can handle cases in all other states upon request.

Extending a Lease? Fight For It at the Leasehold Valuation Tribunal

By Tim Bishop
Are you the owner of a leasehold flat, and you feel your service charges are unreasonable or your freeholder is asking for an unfair amount to extend the lease? Or you might be being charged too much for the building insurance? Regardless of the problem, you've decided to approach the Leasehold Valuation Tribunal (also known as the LVT) for a hearing.

And now what's the process, what is going to happen at the hearing? There's no reason to panic. Back yourself with a leasehold extension specialist solicitor and go over our simple guide to release the stress of extending your lease...

The first thing you need to do is to fill in an application form saying what charges or services you have a problem with. To get that form you just have to contact the Residential Property Tribunal Service.

After sending it the Leasehold Valuation Tribunal (LVT) will send you an invoice for the first part of the fee (which will be around £150). Expect to receive a second invoice just before the hearing for the rest of the fee.

What happens after I send the application?

Step one - Review before the trial.

A member of the LVT panel will look at your case and might offer you the chance to have a review prior to any trial. You will be told 21 days before this date. Both parties should be present as you will have the opportunity to reach agreement prior to going to a full LVT hearing. It's not necessary to have a legal person present such as a solicitor but you might like having one for peace of mind.

Step two - Full LVT hearing.

If you cannot reach agreement at the review, the LVT will give you a date for a full hearing. Sometimes, the LVT will want to inspect the building or area in question and they will do so on the morning of the hearing. Make sure both sides go to this inspection. After this both sides will use the hearing to talk about the case, allowing the LVT members to come to their decision.

Step three - Decision by the LVT.

The LVT will write to both parties once the full hearing has been completed. This should take approximately two weeks.

Step four - Appeal.

If you do not agree with the LVT's decision, you can make an appeal to the Lands Tribunal. You must make any appeal to the LVT within 21 days of receiving their decision, and it has to be based on a good reason (it can't just be that you are unhappy with the ruling!).

By dividing this process into these steps you can feel more prepared. With professional support and the right information, you can proceed with your leasehold extension, or any issue that you are taking to tribunal, with confidence. You can make sure you're treated fairly when extending a lease - and win.

Looking for a specialist Leasehold Extension Solicitor? Contact Bonallack & Bishop - solicitors who specialise in extending a lease. Tim Bishop is senior partner at the firm, responsible for all major strategic decisions. He has grown the firm by 1000% in 13 years and has plans for further expansion.

Why You Should Use a Real Estate Lawyer

By Mike Bank
When most "Ottawans" sell their home they hire a real estate agent, yet often forgo the important step of hiring the best real estate lawyer Ottawa has to offer. Hiring a real estate lawyer in Ottawa when selling a home is considered the sensible thing to do however, and there are all sorts of services they can provide you with which an agent cannot.

First and foremost, an Ottawa real estate lawyer will help you to protect your rights as a home seller. In order for you to know what you should and shouldn't be signing, a lawyer will also review any pertinent documents for you.

This type of lawyer should also be able to prevent any troublesome issues with a home's title, and can also be of great help if there's a lien on the home. It can be an incredible help if your lawyer discovers such issues early on, and can save you quite a bit of money later on during the selling process. You don't want to find yourself down the road wishing you had approached the situation differently.

An Ottawa Lawyer can also be of tremendous help if there are any negotiations during the selling process. You'll increase your chances of coming out on the better side of a negotiation with a quality lawyer on your side.

If you happen to receive any further offers or counteroffers, having the best lawyer Ottawa has to offer will also be of great help. In such situations it's critical that you handle any tax implications correctly. If these issues are handled with care and by the right person, you're much more likely to end up accomplishing what you set out to do.

When it comes time to close the sale on your home, the best real estate lawyer Ottawa has to offer will be of great assistance. Such a lawyer will ensure that security deposits are completely properly, and that any insurance required is in place.

Your Ottawa real estate lawyer should also be present at the closing of your sale to ensure everything goes as planned. If nothing else, having a lawyer there will ease your mind about any issues arising at the last minute.

Hiring an Ottawa real estate lawyer will cost you a bit of extra money, however most people believe that the cost is worth the benefit. The fee you would pay to a real estate lawyer pales in comparison to any fines or other hidden fees you may be hit with if your sale isn't taken care of properly.

Fees and Costs to Expect in a Conveyancing Quote

By Miki Wetherill
Conveyancing quotes are easy to find once you know where to look. Purchasing a home especially if it's your first time is a major decision, and therefore it is imperative that the property conveyancing is done right and most of all cost efficient. Since the home loan is burdensome enough, the last thing you would want to do is run up extravagant legal costs and conveyancing fees.

Fees for property conveyancing vary and it really depend on the solicitor, or the firm, and the amount of work to be done. So in your first consultation with your house buying solicitor it is important that you ask for a complete breakdown of conveyancing fees that apply to your case. It is also advised that you should obtain at least three quotes from different companies. Make sure that you know the costs and fees that are included in a conveyancing quote.

In property conveyancing, the expenses that you basically need to pay are divided into two categories: the legal costs and the conveyancing fees.

In standard practice, the legal cost is what the conveyancers charge for the amount of time they're going to use for reviewing legal documents and attending to the conveyancing process. The charges can be based on an hourly rate or a fixed rate.

Conveyancing fees, on the other hand are the fees payable, often to third parties for items. This could include legal searches, survey reports, building reports, pest reports, engineers certificates, certificates from the local councils and other authorities, certificates from government departments, fees payable to register documents, fees payable for duties and taxes, telephone call costs, costs of sending a fax, costs involved in storing your file information, bank fees related to your transaction, costs of using paper to create correspondence and documents, stamps, even photocopying fees, and the like.

The aforementioned items are all required for the conveyancing process but they are not part of the labor component. They are additional items. Often these are referred to as disbursements being money that has been disbursed on behalf of the client for the conveyancing transaction.

A lot of the conveyancing fees payable for certificates and the like are payable to government departments and are fixed fees and cannot be negotiated. You should carefully check the fees that are quoted as some firms charge a high amount for photocopying for instance. You will be surprised sometimes at how the cost of disbursements can add up. Even small things like photocopying can quickly become expensive if contracts need to be photocopied, especially if they need to be photocopied more than once!

On top of everything, there is also an indemnity fee. The conveyancer may state that if any unforeseen problems arise these will be dealt with through an extra charge. Most conveyancers will ask for payment of land registry and local authority search fees in advance. The balance will be due when you've completed on your home.

Residential property conveyancing is generally not as complex as commercial conveyancing and is usually calculated on a fixed rate. However, the cost will also depend on whether your property is leasehold or freehold. Leasehold properties will cost more as they involve additional work checking the lease.

Conveyancing Horror Stories - The Sequel

By Chris C Fleming
We're bringing you another example of a conveyancing horror story today, with the chilling tale of a man who failed to instruct a conveyancing firm with a no move, no legal fee guarantee.

Once again, names have been changed to protect identities, and the content is not for the faint hearted!

Mr Evans had decided to instruct his local high street conveyancing solicitor to deal with his sale and purchase.

Everything seemed to be going well until, a couple of months down the line, his conveyancing solicitor phoned to say they would unfortunately be unable to continue his conveyancing work as they weren't on the panel for his lender. The conveyancing solicitor cancelled the conveyancing and sent Mr Evans his deposit back. End of story.

How wrong he was!

After 3 months of living in his new home, thanks to a new conveyancing lawyer, his old conveyancing solicitor contacted him to say that he owed them nearly £800 for the work they did for him previously.

Despite having clearly informed the conveyancing solicitor who his lender was at the start of the conveyancing process, they had proceeded with the conveyancing work knowing full well that they wouldn't be able to complete.

Unfortunately, Mr Evans conveyancing solicitor did not offer a no move, no legal fee guarantee and, despite making a complaint, he still had to pay them more than £400 for work he didn't require.

If only he'd shopped around beforehand and found a great value conveyancing firm offering a no move, no legal fee guarantee!

To avoid problems like those experienced by Mr Evans, and for a great value conveyancing service, head over to 1st Property Lawyers now! They offer high quality conveyancing, taking care of the legal side of moving in an innovative a proactive way - everything a traditional high street Solicitor would do for a move, but much more too.

Lemon Laws in Texas Presented in Layman Terms

By Seomul Evans
Under the lemon laws in Texas and the federal lemon laws under the Magnuson-Moss Warranty Act, the consumer of a defective automobile such as cars, trucks, minivans, RVs, motorcycles and other faulty products is entitled to compensation. To qualify under lemon laws in Texas and the federal lemon laws, you will need to have a product that has gone through multiple repair attempts under the manufacturer's warranty but the fault could not be rectified. In such a scenario, you can get compensation in the form of cash, refund, or replacement.

What's covered under the lemon laws in Texas?

The lemon laws in Texas apply to all new vehicles including vans, trucks, cars, all terrain vehicles, towable recreational homes and even motorcycles. All vehicles that are new at the time of purchase and develop problems while still covered by a written manufacturer warranty can be considered under the law.

However, the law does not cover used vehicles, non travel trailers, boats, farm equipment or repossessed vehicles. Neither are the following covered:

Any faults that may have been the result of abuse, unauthorized repair or neglect of the owner

Faults resulting from the use of components not authorized or installed by the manufacturer

Issues that do not substantially decrease the value of the vehicle; for instance, minor rattles or stereo problems are not considered serious.

How can you know if your vehicle is a lemon and will qualify under the lemon laws in Texas?

Under the lemon laws in Texas, a motor vehicle is declared a lemon if it meets the following conditions:

· The vehicle displays an abnormal condition or a serious defect

· The faults in the vehicle are covered by the written warranty from the manufacturer.

· The defects is reported to the dealer or manufacturer while the warranty is still valid

· The manufacturer or dealer is given a reasonable number of attempts to repair such defects

· The owner apprises the manufacturer about the defect through certified mail and gives them at least one opportunity to repair the faults

· The defect cannot be repaired even after several attempts and the fault significantly deteriorates the market value of the vehicle or creates a safety hazard

· The owner files a lemon law complaint with the TX DOT in time and pays the filing fee.

What would be a deemed as a reasonable number of attempts to fix the vehicle under the lemon laws in Texas?

The laws have provided very stringent guidelines for what would be considered a reasonable number of attempts to repair the vehicle, you can simply see if you pass the four time test, the 30 day test or the safety hazard test.

The four time test: If the vehicle has been takes to the manufacturer authorized repair center or to the dealership two times for the sane defect within the first twelve months of purchase or the first 12,000 miles which ever expired first and then it has again been sent for repair twice in the following 12 months or 12,000 miles and despite these four attempts to repair the problem the issue remain unresolved, you pass the four time test.

The 30 day test: If the manufacturer holds the vehicle for 30 days at the workshop for repair even if it is not done at one time but if the vehicle remains inoperable for 30 days within the first 24 months or 24,000 miles. you pass the 30 day test.

The safety hazard test: To pass this test, the vehicle should have been taken for repair once in the first twelve months of purchase or 12,000 miles and then it should be sent for repair for the same issue once again in the next twelve months or 12,000 miles and despite two attempts the problem is still not repaired.

How much time do you have to file a complaint?

According to the lemon laws in Texas, you can file a complaint within the first 6 months of purchase, expiration of warranty, or notifying the manufacturer of the issue.

What Do the Lemon Laws in Louisiana Cover?

By Seomul Evans
The lemon laws in Louisiana were designed to offer protection to consumers who purchase defective vehicles that cannot be recited after repeated repair attempts from the manufacturer. However, before you go rushing to court t sole the problem of a defective stereo system, you may want to find out bout what the law covers; so, here is a look at the type of vehicles and systems that are covered under the law.

What vehicle fall under the protection of the law?

1- All Passenger Vehicles purchased and sold in the state of Louisiana.

2- Commercial and passenger Motor vehicles bought and sold in Louisiana

3- All terrain vehicles sold in Louisiana, or are still under warranty or were sold after April 15, 1999.

4- Personal watercrafts purchased after April 15, 1999 or still under warranty

5- The chassis and the drive train of mobile homes that are not used for commercial purposes and are covered by warranty.

What types of vehicles are not covered by the law?

1- Vehicles which have been newly leased

2- Mobile homes

3- Demonstrator vehicles

4- RVs

What is the manufacturer's responsibility?

According the lemon laws in Louisiana, the manufacturer should either replace the vehicle or refund the purchase price along with any expenses that may have been incurred in procuring the vehicle. If the issue with the vehicle stays unresolved after four repair attempts to sort it or if the vehicle cannot be operated because of this defect for a period of 90 days after purchase either because it was a the repair workshop or because it was inoperable; the dealer is obligated to offer a refund or replacement

If a vehicle develops defects while still under warranty, the manufacturer is obligated to repair such nonconformities

While the vehicle is being repaired if the consumer rents another vehicle, the manufacturer will have to reimburse such expenses t the tune of $20 per day as long as the vehicle is at the manufacturer repair shop and is still covered under express warranty.

What should you do if you have a lemon?

If you feel that you are stuck with a lemon, find out about the requirements of the lemon laws in Louisiana under which your vehicle can qualify as a lemon. Once you have ascertained that your vehicle is indeed a lemon, get in touch with the manufacturer. The first step will be to try and resolve the issue through an arbitration program

Ensure that you maintain a record of all receipts and documentation dealing with the repairs and maintenance efforts of the manufacturer. You will not only need this information when representing yourself at the arbitration hearing but also during the actual trial, if you choose to go to court.

If a satisfactory resolution cannot be reached after the arbitration attempt, you will need to seek the help of an attorney who specializes in cases related to lemon laws in Louisiana. You can in depth information about Lemon laws in Louisiana and Auto Warranty from the Better Business Bureau, you can also get information on how to file a complaint in the matter.

How can you protect yourself?

Even though you can get a refund or a replacement through a lemon law case, the fact remains that it is quite a bit of a hassle so the best approach is to look at prevention instead of cure. For instance before you buy a car, conduct a through research on the model, its performance, safety features and any issues that other consumers may have had with it. You can contact the Louisiana Attorney general Consumer Protection Act along with the Better Business Bureau to get advice on lemon laws.

Ensure that you fully understand the terms and conditions of the manufacturer's express warranty. Make sure that the vehicle is operated as per the manufacturer specifications and if you feel that your vehicle has a problem get in touch with the manufacturers as soon as you can instead of letting the matter sit.

Conveyancing Horror Stories

By Chris C Fleming
As it's Halloween this weekend, we decided to get in the 'spirit' of things and bring you some real life horror stories from the world of conveyancing.

Beware: The following contains content of a horrifying nature!

Mr & Mrs Smith had never moved house before, so their knowledge of the conveyancing process wasn't that great. However, a quick search round the internet gave them all the information they thought they needed and they ended up choosing the conveyancing firm who offered the cheapest deal...in this case, we'll call them Swindlers Conveyancing!

The staff at Swindlers Conveyancing were only too happy to take the Smiths case. They emailed a quote to them straight away with a promise that they'd pay nothing until their move completed.

Mr & Mrs Smith were thrilled at the saving they were set to make and immediately instructed Swindlers Conveyancing to proceed with their transaction.

Their joy soon turned to horror, however, as initial documents came to them riddled with spelling mistakes and inaccuracies. Swindlers Conveyancing hadn't even spelt the Smiths name correctly in their starter pack!

Despite being promised a proactive service the Smiths were frustrated that they weren't being updated on the progress of their case enough. Every time they rang up to find out how everything was proceeding they were put on hold or told that their conveyancer would call them back later.

Two frustrating months passed and, through plenty of hard work and determination on their own behalf, the Smiths were finally able to move into their new home. The day before the exchange was due to take place they received the final bill from Swindlers Conveyancing.

Mr Smith nearly died of shock. Instead of the £199 plus VAT they were originally quoted, the legal fees now totalled more than £1000!

If this were a true Halloween story, Mr Smith would have died of shock and returned from the dead as a vengeful ghoul to wreak havoc on Swindlers Conveyancing.

However, because this has been written before the watershed, we've come up with an alternative ending...

A couple of weeks later Mr & Mrs Smith were sat in their new local pub and were chatting to another couple who'd moved in across the street at the same time as them.

The Jones' had used the most recommended conveyancing provider in the UK for their conveyancing and had nothing but praise for the legal services they'd received.

They'd promised no hidden fees so the price quoted at the start of the conveyancing process was the exact same price the Jones' ended up paying on completion.

Mr & Mrs Smith were amazed. They'd thought that Swindlers' cheap conveyancing meant good conveyancing, when, in actual fact, it was better to go for value for money conveyancing.

The end.

To avoid hidden fees and for a great value conveyancing service, head over to 1st Property Lawyers now! They offer high quality conveyancing, taking care of the legal side of moving in an innovative and proactive way - everything a traditional high street Solicitor would do for a move, but much more too.

Bankruptcy Attorney on the Foreclosure Thaw

By John C Fox
The big banks are starting to resume foreclosures in a number of states. If you're not a bankruptcy attorney and haven't been closely following the story, here's a little background. The largest banks and mortgage servicers called a moratorium on foreclosures over the last couple of weeks. The reason was that in the mad scramble to securitize and sell mortgages in the secondary market, the paperwork that was supposed to document the sales and transfers of the mortgages either got lost or misplaced.

So now that the foreclosure freeze has been lifted, you might be thinking that the banks and loan servicers must have worked very quickly to get the whole mess cleaned up in just a couple of weeks. That would be wrong.

The other day I was discussing the current state of disarray with an old law school friend of mine who went to work for a large Manhattan law firm that did a lot of mortgage securitization work. (Yes, he was unfortunate enough to have been laid off from that job a little while back.) He told me that when the deals were flying fast and furious that people would just put loan documents wherever they could find room. Very few people knew where all the paperwork for a particular loan could be found. On top of that, once the securitization market more or less evaporated in 2008, a lot of the people managing the paperwork were let go. The end result, of course, was that no one knew how the loan documents were organized or where they could be found.

That has not changed in the last two weeks. In my opinion as an ex-mortgage financial analyst, is that the banks have run the numbers and determined that getting slapped on the wrist a few times by bankruptcy or state court judges costs them less than the amount they're losing right now by not foreclosing. They probably figure (and I think they're right) that not that many borrowers will choose to engage them in full-scale litigation over their loan paperwork.

Only time will tell, but there is at least one long-term side effect of this that might come back to haunt the banks and loan servicers. When they go to sell the foreclosed homes, they may find that title insurance will either be prohibitively expensive or outright unavailable (there are some reports that this is starting to happen already). You can be certain that every buyer of a foreclosed property is going to insist that the bank provides title insurance. In the opinion of this bankruptcy attorney, the train wreck will continue.

John Fox is a bankruptcy attorney and the founder of The Fox Law Office. The Fox Law Office is located in San Jose, California, and focuses on representing consumers facing bankruptcy because of unmanageable real estate debt.

Why Loan Modifications Do Not Work and What You Can Do About It

By Usman Wardag
Many people are misguided by the thought that getting a loan modification can help them in rescuing themselves from foreclosure. An effective loan modification will surely help you in lowering down the payments of your mortgage thus making it affordable for you to put a stop to a foreclosure. Unfortunately, loan modifications rarely reduce your principle owed. Most of these completely ignore lowering the amount which is owed on the loan. They focus on reducing interest rate or term extensions. Another major reason for loan modification failure is that no matter what your arrearage is still going to be there and you will have to pay. Hence, it is far better to opt for a note buyer in order to save yourself from a foreclosure instead of applying for a loan modification.

Loan modifications can fail mainly due to the fact that your lender presents the notification in hidden terms and you may end up realizing that you are not eligible for it. In the industry today, many loan officers, ex-mortgage brokers and real estate agents that negotiate the loan modifications are not competent and may not provide you with full fledged guidance. On the other hand, when you decide to sell your property to a note or cash buyer you get plenty of opportunities that can rescue you from property foreclosure. These note buyers will make fast purchase of your property and have immediate acquisition on it. This means that you will be free of worry as your property will be closed and the foreclosure avoided. Good buyers will offer you with sufficient amount of time to move from your property before you hand it over to them.

Selling your property to such a company is exceptionally beneficial as they will buy mortgage notes from the bank directly. In this way, you will be saved from a deficiency judgment.

Try to opt for a buying company like walkawaytoday.org that completely bypasses loss mitigation by dealing directly with the legal department of the bank. The failure of loan modifications can result in greater stress for you and in most cases you will end up back in foreclosure anyway

Foreclosure Laws and What To Expect As A Borrower

By Nick Adama
Due to the current economic turmoil being experienced in the United States, there are many homeowners who now find themselves in the position of being behind on their mortgage payments. It goes without saying that this is an extremely stressful, and often scary scenario to find oneself in. Having an understanding of foreclosure laws can go a long way in helping to alleviate this stress, and empower oneself to take the appropriate actions to work with the bank and get things back on track.

Unfortunately, gaining such an understanding can be difficult, given that foreclosure laws vary from state to state. The process can be quite different from one state to another, and these differences will largely determine the proper course of action for a homeowner.

Foreclosure Laws in California

However, as an example, let's examine the foreclosure laws in the state of California and how they impact the potential time line for foreclosure by the bank, and the eviction process if things progress to that level. Keep in mind that the timeframes stated here are merely what is possible. Your particular lender may not operate completely according to this schedule.

1. In California, after 90 days of non-payment on your mortgage, California foreclosure law allows the bank to record a Notice of Default.
2. After an additional 90 days, the bank is allowed to record a Notice of Trustee's Sale.
3. 21 days later, it is possible for the bank to sell your home at a foreclosure auction. This could result either in the bank finding a buyer for the home, or if the home does not sell at auction the bank could take the property back as an "REO", or real estate-owned property. If your home sells at auction, at that point it could be nearly impossible to retain your home.
4. If the bank does take the property back as an REO, the bank's asset manager may offer what is known as a "cash for keys" deal. Basically, the bank offers from $3,000 to $5,000 for you to voluntarily move out of the home within 3-4 weeks. After you have vacated the property, the agent for the bank can list the property on MLS for sale to the general public.

Once the process of selling your home is initiated by the bank, there are various methods available at your disposal to stop it, assuming that you are looking to buy enough time to work out a resumption of payments with the bank.

Bankruptcy

One option to stop the sale is filing bankruptcy. This creates an automatic stay on the foreclosure process. Unfortunately, this doesn't always work as a long-term solution because a bankruptcy designed to allow you to keep your home often will require you to resume payments at the same amount you were at before going into default, plus more in order to pay off your arrears over three to five years. Obviously, unless your income has been restored to prior levels, this often is not a workable scenario.

Litigation

The only other way to force the bank to stop foreclosure is to sue the bank and get an injunction to halt the process. There are only a few possible grounds on which you can file such a suit, including statutory violations or mistakes during the foreclosure proceedings, and common law violations such as violation of the HAMP program, fraud, or breach of contract.

For any of these options, it is imperative that you seek advice from a qualified expert in the foreclosure laws of your particular state.

Nick publishes articles on how borrowers can avoid foreclosure on their own. His site covers many elements of foreclosure laws, and describes various methods to avoid foreclosure, including foreclosure loans, loan modification, short sales, and more. Visit the site to download several

Drawing Up Owner Financing Contract

By Patricia Kay
Owner Financing Contract is being popularly used by many sellers and buyers of the property, today. It offers great advantages for both the parties and this is the main reason for its high popularity. This allows owners to enjoy monthly income and to sell their homes faster. On the other hand, buyers are benefited by paying small down payment plus they do not have to look for the lenders. No attorney charges and bank fees are applicable or required, so it is even cheaper for both the parties. The following steps should be followed if you wish to draw up a free owner financing contract:

Research on the internet or read through the legal magazines about this contract. You would not have any lawyers, so it is better to be your own lawyer and understand everything about the contract prior to signing it.

Decide the terms; this may include interest rates, loans and monthly payments. Convey these to you buyer and make sure you state them clearly on the contract form.

It will be highly sufficient to find the form so that the drafting becomes easy. You can also find many websites that will instruct you on filling up the forms and the necessary details to be added.

To prove that the information is reliable, use your deed.

If you still think that you need legal advice but you are unable to contact an attorney because of the heavy fee charges, look for websites that offer free legal advice on the web.

Extending Your Lease - Mistakes to Avoid

By Tim Bishop
Achieving a lease extension on your flat can significantly add to its value. However if you're considering lease extension, be sure that you don't make any of the following mistakes.

If you are in the process of selling your property, make sure that your agent knows that you are applying for an extension. Extending your lease will add significant appeal and value to the sale.

Seek legal help and advice when drafting your statutory notice to extend. The legal process for leasehold extensions is fairly strict. Taking advice from an experienced lease extension solicitor will mean that you meet all your deadlines, and will also encourage your landlord to follow the statutory requirements in his responses.

Ask your solicitor for a reasonable quote for the transaction and when budgeting, be aware that you will most likely be responsible for paying your landlords legal costs as well as your own. However rest assured that your landlord does need to make sure that his/her legal costs are reasonable - failing which you can always challenge those costs at a Leasehold Valuation Tribunal.

A landlord offering a lease extension for a ridiculously high premium obviously wants to discourage you from extending your leasehold agreement. Try to find out the landlords reasoning behind his/her actions and attempt to negotiate on these points. If this does not work, you should remember that if you qualify (as above) then the Leasehold Reform Act 1993 legally entitles you to a lease extension. This basically means that, should you be faced with a worst case scenario, you can take your landlord to a Leasehold Valuation Tribunal and thus force him to give you an extension at the market rate. It is also worth noting that a tenant can bring a claim under s.20(c) of the Landlord and Tenant Act (1985) which states that the landlord is not allowed to claim back any legal costs he incurs during the process.

If the landlord finds out that you want to sell the property and therefore 'need' a leasehold extension, this could encourage him/her to ask for a higher premium. Try to keep your intentions private to ensure that you get a fair deal.

Occasionally you have an absentee landlord and so he can't be contacted via the traditional notice procedure. If this happens, you will have to go to the county court and apply for a vesting order. If you meet all the criteria for a leasehold extension, the county court will normally grant the extension in your favour. The court will refer your case back to the Leasehold Valuation Tribunal so that they can work out the amount of premium that you must pay to the absent landlord.

Leasehold Agreements and Responsibilities

By Tim Bishop
Prior to signing any legal agreement it's a good idea to know what rights and responsibilities you are agreeing to. Acquiring a leasehold property can be something to look forward to when you really know what you're doing.

Your leasehold flat is waiting for you, but something is playing on your mind: the lease is approaching 80 years and you are considering extending it before it gets that far. Maybe waiting a little longer before starting the process will be worth it. The decision to extend a lease is good if you want to keep your property on top of the market. Before you get deep into the process, it's sensible to know what you are signing for.

Knowing what to expect and what is expected from you when acquiring and extending the leasehold brings great peace of mind. It may seem obvious but not only will you be required to maintain the flat in a good condition, but you will have to meet all occupation or utility costs like council tax, electricity and gas on time.

As a leaseholder you will be expected to pay the ground rent every year. Service charges will also be applicable to you for part of the maintenance cost of the building.

However, leaseholders have more rights than you might realise. It's a good idea to know beforehand what lies ahead and to be aware of some of the issues that are in your favour. Being informed is being forearmed.

Many rights are set out in the legislation but much advice is readily available before consulting your specialist lawyer. Here we give you a sample:

* get UK contact details for the landlord
* seek recognition for a tenants' association (RTA)
* understand about any service charges and your right to challenge them
* insist on being consulted about major works and any long term agreements
* get information about insurance of the property
* understand about taking over the management of the block (the right to manage or RTM). This normally happens if you are not happy with how the landlord/lady is managing the building maintenance.

If you need to exercise any of your rights, you would be well advised to have some clear information about certain obligations and areas where you feel the need to challenge. Once you have acquired basic know how, seek out the services of a qualified lawyer. He will support you through the process.

The soothing freedom of a little prior knowledge will translate to a worry free lease extension.

Do you need advice on a leasehold extension? Bonallack & Bishop have a team of Lease Extension Solicitors who can help. Senior partner Tim Bishop is responsible for all major strategic decisions at the firm, which he has grown by 1000% in 13 years. He sees himself as a businessman who owns a law firm and plans to expand further.

Register Gift Deed to Make It Valid

By Jeni Relo
A gift is the transfer of a property from one person to another made voluntarily. There are two persons involved in this transfer of property:

I) Donor - The Person who transfers the property.
II) Donee - The Person to whom the property is being transferred.

The donee must accept the property. And, he must accept it during the lifetime of the donor. The gift becomes void, if the donee dies before accepting the gift. A transaction of gift will be complete, only if the donee accepts the gift during the lifetime of the donor.

Who can gift property?

Any person who is the legal owner of a property can make a gift of his property. The gift must be an existing property. It cannot be a future property.

A minor is incompetent to contract, so he can't transfer a property as a gift. A natural guardian of the minor can accept a gift on behalf of the minor. This amounts to the recognition of the natural guardian of the nominated person as a manager for the purpose of the gift of property.

In case of a minor being a donee, if the gift is troublesome, he cannot forced to accept the gift. But later, he must either accept or return the gift.

Registration of a gift of property:

According to section 123 of The Transfer of Property Act, it is invalid if a gift of a property is not registered. It cannot pass any title to the donee. All the required documents should be stamped and registered. It should be attestation by two witnesses. A gift of property is invalid without a registration done.

According to section 126 of The Transfer of Property Act, a gift shall be revoked if some conditions are met. The condition must be legal. In this case, the donor and donee must have agreed that the gift shall be revoked if some specified events take place. Such an event must not depend on the donor's will.

JeniRelo works for the company Relocateeasily.com, which is a Bangalore based Real Estate Consultancy. Relocateeasily.com provides end to end relocation service. It guides you in finding the perfect home and also helps you in relocating. Relocation was never so Easy.