January 8, 2025

Category: Property Law

Do cash homebuyers have an advantage?
Property Law

Do cash homebuyers have an advantage?

Cash offers on homes have increased substantially over the last few years. In 2022, according to Redfin, 30% of all home sales were paid with all cash with 64% of all $1 million plus sales in Palm Beach, Miami-Dade, and Broward counties as well as 46% those under $1 million being cash deals. What are […]

Read More
Thomas Kearns and Hyman Kindler Publish Article in NYREJ on Non-Imputation Title Insurance
Property Law

Thomas Kearns and Hyman Kindler Publish Article in NYREJ on Non-Imputation Title Insurance

Thomas Kearns and Hyman Kindler Publish Article in NYREJ on Non-Imputation Title Insurance New York Real Estate Journal published an article on September 26 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns and real estate partner Hyman Kindler entitled “Non-Imputation Title Insurance” (by subscription). Real estate investors often purchase ownership interests in existing […]

Read More
Understanding Due Diligence in Asset Purchase Transactions
Property Law

Understanding Due Diligence in Asset Purchase Transactions

In asset purchase transactions, due diligence is a critical phase for investigating and assessing the assets being transferred, their condition, and any associated liabilities. Below is an overview of what the due diligence process typically entails: 1. Defining Scope and Objectives The due diligence process begins by clearly defining the scope and objectives of the […]

Read More
Homeowners Suing A Material Supplier Under California’s Right To Repair Act Must Prove The Supplier Violated A Particular Standard Due To Either Negligence Or Breach Of Contract.
Property Law

Homeowners Suing A Material Supplier Under California’s Right To Repair Act Must Prove The Supplier Violated A Particular Standard Due To Either Negligence Or Breach Of Contract.

In Acqua Vista Homeowners Assn. v. MWI, Inc., (2017) 7 Cal.App.5th 1129, the California Court of Appeal, Fourth District, clarified the burden of proof that homeowners must satisfy to prove defects in new construction against materials suppliers. The Court held that under SB 800 (the Right to Repair Act, “RRA”, California Civil Code § 895 […]

Read More
Is the Address Correct on the Property Insurance Policy?
Property Law

Is the Address Correct on the Property Insurance Policy?

In my basic course about property insurance coverage to public adjusters, and as a standard issue regarding case intake at Merlin Law Group, I first emphasize to always make certain the named insureds and clients have a right to bring the claims. There is a practical aspect of this—you want to represent people and businesses […]

Read More
Federal Government Removes GST on New Rental Constructions
Property Law

Federal Government Removes GST on New Rental Constructions

The federal government has announced they are removing the Goods and Services Tax/Harmonized Sales Tax (GST/HST) on all new qualifying rental housing constructions to help with the rising cost of living. This is effective September 14, 2023, subject to the passage of the related legislation. The removal will be by way of an enhanced GST/HST […]

Read More
How To Remove or Relax a Restrictive Covenant on Your Property
Property Law

How To Remove or Relax a Restrictive Covenant on Your Property

Dealing with restrictive covenants can feel daunting, especially when they limit what you can do with your property. Restrictive covenants can limit use and/or development potential of land. It can be possible however to relax or remove a restrictive covenant in certain situations. Below we attempt to explain the steps you might consider taking to […]

Read More