Whether it’s ignoring a reported bug infestation or leaving electrical wiring dangerously exposed, a landlord’s failure to make necessary repairs may render the premises uninhabitable. Although there are many legal remedies available for a breach of the warranty of habitability, your initial duties as a tenant’s attorney is to simultaneously safeguard the tenant’s well-being and preserve any relevant claims. Continue reading
As any seasoned estate planner knows, it’s crucial to learn of all your client’s assets before developing a comprehensive plan. This is particularly important when it comes to out-of-state real property, which may be subject to that state’s potential inheritance or estate tax if left unaccounted. Add the costs and headaches of an ancillary probate, and your client’s loved ones will be left wishing for a better way. Lucky for you (and them), there is! Continue reading
As a graduation present, your client purchases her son a home. Although the plan was for the son to live there alone, the client and her son take title as joint tenants. Years later, your client remarries and asks you to convey her interest in the house to her new husband’s children on her death. What do you do? Whatever instrument you choose, be sure to sever the joint tenancy! Continue reading
With the large dollar amounts, aggressive parties, and difficult time constraints involved, office leases are some of the toughest contracts to negotiate. Chances for a successful negotiation are best if the attorneys maintain consistent, well-reasoned positions that readily balance their clients’ goals and the need for compromise. On the other hand, a successful agreement is unlikely if the attorneys adopt stubborn or disingenuous stances.
Here are four deal-breaking positions to avoid when negotiating an office lease:
As consumers continue to purchase more and more products and services over the Internet, online agreements have become an integral part of today’s marketplace. But as we all know, many online consumers don’t read the terms and conditions before using a website or its services. So how do you ensure that your client’s online agreement is actually enforceable? Continue reading
According to an alarming 2014 FBI study, nearly 68% of homicides involved the use of firearms, with over a quarter of victims killed by a family member. From these numbers alone, it’s clear to see the urgency of a client’s situation if he or she says a family member may resort to violence. One way to protect your client is to seek a gun violence restraining order.
Given the increasingly digital landscape
of today’s economy, the most valuable asset for many businesses is their computer data. According to a 2015 study, the average cost of a data breach for small businesses is about $38,000 in hard costs and can total upwards of $55,000. Yet many businesses opt only for traditional property insurance policies. This could be a big problem for your client’s small business.
Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?
You buy a house and then discover that the seller didn’t disclose a material fact about the property—say, the sewage system you thought was owned by the city was actually owned by 13 different residents in the area, and you’re now on the hook for maintenance costs. Compounding matters, the house’s value has dropped significantly since you bought it. What do you do? Try to rescind the sale contract.