Real Estate Law
Commentary by Kevin Kaczmarek | July 13, 2011 
Do you remember an abandoned house or building that was the focus of urban legend growing up? There was a house in my Grandparents neighborhood that was the subject of speculation and the origin of horror stories for years. Depending on who you talked to, the stories became more and more exaggerated to the point [...]
Read the full article → Real Estate Law by Clint Coons | February 18, 2011 
Last week’s post focused on Finder Fees as part of an overall wholesaling strategy. Another component to this strategy involves securing a property under contract then assigning the rights of that contact to another investor. Sounds simple enough and it is provided you structure it the right way from the outset. Assignability. This is by [...]
Read the full article → Real Estate Law by Clint Coons | September 30, 2010Last week I wrote about two of the primary misconceptions regarding the use of land trusts in real estate investing. I am amazed at the response my Blog generated. My intent in raising this issue was to inform people on what to watch out for when considering this entity for real estate investments. As a [...]
Real Estate Investing by Clint Coons | August 17, 2010 
A dilemma every real estate investor who buys and sells property for short term gain faces, is how to proceed if the property does not sell. Most of my clients understand the importance of using a corporation for their short term investing to avoid the dreaded “dealer” classification. This usually requires the utilization of a [...]
Read the full article → Real Estate Law by Clint Coons | August 3, 2010Every workshop I teach lately has at least 10 investors who ask me if I am familiar with the SAFE Act (Secure and Fair Enforcement Mortgage Licensing Act) enacted by the Department of Housing and Urban Development (HUD) and does it spell the end of seller financing. Many of you know that in today’s market [...]
Real Estate by Jason Hanson | March 7, 2010My latest deal will show you how to make more money, even on leads you thought were dead. But first, it amazes me how many people hear the word ‘no’ and give up so quickly. It’s because society has brainwashed us since we were little and few people ever overcome this brainwashing. (But those who [...]
Real Estate Law by Winston Westbrook | February 13, 2010 
I want to highlight a recent court case ruling that I came across here in California. Since what happens here in California seems to ripple to the rest of the 49 states, I would suggest you take a gander at the following. Kuish vs. Smith, G040743 [PDF] [DOC] Mr. Bradford Kuish entered into an agreement [...]
Read the full article → Real Estate Law by Tom Koziol | January 23, 2009That is not a typo. In fact, I may be off by a number or two. Given today’s chaos and confusion in the real estate realm, it is a definite possibility we could find ourselves in a court room answering a complaint under one of the following 22 types of law: Common Law Equity Law [...]
Foreclosures by Tom Koziol | June 20, 2008Someone once said to be careful of what you wish for as you may just get it. The voices clamoring for court help with foreclosures are getting their day in the sun in New York at least according to an article that appeared in the June 19th New York Times. If you read the article, [...]
Foreclosures by Milton B. Yates | May 25, 2008BEWARE! BEWARE! BEWARE! I am quite sure that many of you are staying abreast of the new laws regarding dealing with sellers and properties on their way into foreclosure status. On my side of the country it is especially critical to follow all guidelines of the pre-foreclosure business. Those who are choosing to take their [...]
Learn Real Estate by Joshua M. Marks, Esq. | May 13, 2008I have often found that many homebuyers lack a fundamental understanding about title insurance. While most past clients have admitted to briefly discussing the topic with their real estate agent, they don’t seem to understand its purpose or function–only that it will be an additional expense on the settlement sheet for which they are responsible. [...]
Landlord Tenant by Joshua M. Marks, Esq. | January 9, 2008In many municipalities, a Certificate of Occupancy (often referred to as the “CO”) must be obtained by the seller and delivered to the buyer prior to or at closing. This insures that the buyer is aware of any outstanding violations or pending assessments against the property. However, some towns do not require a CO. If [...]
Real Estate Law by Joshua M. Marks, Esq. | December 17, 2007In July 2006, Martin Korab hired Eric Rowland, a contractor, after seeing one of Mr. Korab’s advertisements under the name “Mercury Woods Carpentry” in the telephone book. Mr. Rowland gave Mr. Korab a written proposal along with a diagram detailing a bathroom renovation project, and accepted a deposit of $3,750.00 upon Mr. Korab signing the [...]
Real Estate Law by Joshua M. Marks, Esq. | October 29, 2007From the concrete streets of metropolitan cities to the sprawling suburbs in most areas around the country, new construction is present in the form of townhouses, condominiums, single homes and the ever-so-popular “over-55 communities.” While many of these properties are esthetically impressive complete with over-sized family rooms, open kitchen areas, and every upgrade/option imaginable, there [...]
Real Estate Law by Joshua M. Marks, Esq. | October 22, 2007Background of Property Disclosure Laws In the wake of the consumer-rights movement and the increasing influence of realtor organizations around the country, many states began to draft and implement property disclosure laws in the 1980’s that were designed to protect buyers of residential properties. The goal was to protect uninformed and inexperienced buyers in an [...]
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Joshua Dorkin
Is the SAFE ACT an Urban Legend?
by Kevin Kaczmarek | July 13, 2011Do you remember an abandoned house or building that was the focus of urban legend growing up? There was a house in my Grandparents neighborhood that was the subject of speculation and the origin of horror stories for years. Depending on who you talked to, the stories became more and more exaggerated to the point [...]