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couchmonkey · 5 years ago

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PILOT season!!

When I was young, Brandon Tartikoff was a hero of mine. I always fancied myself a closet programmer, so I love pilot season. THR published a list of the projects moving forward and as I was procrastinating, some are already on the air.

Let’s start with Stumptown. Inspired by the Oni Press graphic novels, Dex Parios (Cobie Smulders), a strong, assertive and unapologetically sharp-witted (but, let’s face it, hot mess) Army veteran working as a P.I. in Portland. Michael Ealy plays the cop because there must always be one. His boss is Camryn Manheim (yes!!), and the whole reason I heard about the show is Tantoo Cardinal, a powerful local Native American tied to Dex’s past. Oops, almost forgot the best friend, JakeJohnson of New Girl. His past is a little messy, too. He now owns a bar and employs Dex’s brother Ansel (Cole Sibus). It’s a tight cast, and Dex really is a hot mess nut she gets things done.

All Rise, it looks like, was originally pitched as Courthouse, good thing they changed the name! Simone Missick is a former DA who just became a judge and is encircled by Ruthie Ann Mills as her assistant, Lindsay Mendez as her stenographer, J. Alex Brinson as the deputy in her courtroom, and Marg Helgenberger as her mentor. I was not familiar with the first three when I started the show but they are a strong team. The 2 main lawyers are Wilson Bethel, a DA and old friend of Missick’s judge, and Jessica Camacho, a VERY determined public defender. I like the dynamics of the show, it’s very seldom a case of the week situation (even though there is one). Viewers get little snippets of most of the characters’ lives organically so, in my opinion, you enjoyed the show more the more you watch.

Evil is one of the most unique shows on the air this season. It pits science and religion, Katja Herbers plays a skeptical clinical psychologist who joins a priest-in-training (Mike Colter) and a blue-collar contractor ( Aasif Mandvi) to investigate supposed miracles, demonic possessions and other extraordinary occurrences to see if there's a scientific explanation or if something truly supernatural is at work.The give and take between science and religion is truly engaging and Michael Emerson is truly creepy and possibly playing for the other side in this battle.

Bob Hearts Abishola follows Bob (Billy Gardell) who, after having a heart attack, falls in love with his Nigerian nurse (Folake Olowofoyeku). I think I saw the pilot, the rest of the episodes are on my DVR at the moment and thanks to some of the promos and Christine Ebersole, I do plan to get to them. ETA: I’ve watched a couple. Folake Olowofoyeku is really great but because this whole thing seems to involve the progress of their relationship, it runs a little slow for me.

Carol's Second Act is also piling up on my DVR. I’ve been on bedrest because of an injury and have been mostly streaming. But, like Bob, I do plan to get to it. I do like that Patricia Heaton is the lead, a med student of all things. I have to think it’s also still on the air because it also has a strong male lead, Kyle MacLachlan, although I’ve never personally seen him do comedy. Cedric Yarbrough is a strong motivator for me as well as I saw every episode of Speechless. ETA: Well, plans change. I erased them all. I thought if I hadn’t gotten to them by now, watching them would be a chore.

The Unicorn is a sitcom I actually have been watching. I didn’t want to at first because, although I’d heard of Walton Goggins, I had never actually seen him in anything. But it’s kind of like Seinfeld in that there is such an impressively strong group playing the couples who are his friends. Omar Benson Miller (yes!!) and Maya Lynne Robinson are a couple with 4 kids and essentially a no nonsense approach and Rob Corddry and comedy goddess Michaela Watkins are the white color kid with a single kid who is well on her way to nerdhood. These four a Goggins’ lifeline after his wife passes and he becomes a single father. The whole widower thing is handled well. His wife is mentioned or remembered in a completely organic way and allows the show to stay away from a trajectory that could have become maudlin.

Prodigal Son is another fairly unique concept for this season. Tom Payne plays Malcolm Bright, the son of a notorious serial killer called The Surgeon (Michael Sheen) who understands how killers think. The criminal psychologist uses his skills to help an NYPD unit led by Lou Diamond Phillips, a cop he’s known since his youth. What is interesting for me so far is that Bright’s mom, Bellamy Young, is her own kind of nuts, and Malcolm, who started off as a little nutty (I mean consider his past), is well on his way to possibly off his rocker.

Bluff City Law is a case of the week legal drama set in Memphis. The viewer is getting smidges of the character’s private lives each week but character development seems a little slow. I like Caitlin McGee’s performance but I’d never heard of her before watching this. The anchor for the show and the law firm in it is Jimmy Smits. The supporting cast, especially Barry Sloane who’s mostly navigated a single case for the first part of the season, is just starting to get noticed. It’s not something I race to watch but I like it. ETA: It has gotten cancelled. Poor Barry Sloane.

Emergence was a show I was waiting for as it marked the return of Allison Tolman. She plays a sheriff who takes in a young child that she finds near the site of a mysterious accident who has no memory of what has happened. The investigation so far has been weird and sometimes violent and definitely is affecting her family, including father Clancy Brown and ex-husband Donald Faison. But, bless her, she is nowhere near ready to give up. The cliffhanger before Christmas break was very illuminating.

I have watched a couple of episodes of Perfect Harmony (the rest are on my DVR). I love that Bradley Whitford is doing outright comedy although his character, an Ivy League music professor, is quite cranky. But I’m not in a rush to get back to it because it doesn’t seem like there’s enough material for it to run for multiple seasons. ETA: Like Carol’s Second Act, these got dumped off my DVR.

While we’re talking about enough material, Sunnyside was one of the first casualties of the season and, I have to say, I saw it coming. The pilot was well done, Kal Penn played Garrett Shah, a disgraced former New York city councilman who finds his calling when faced with immigrants in need of his help and in search of the American Dream. I know the immigration and nationalization process in the US is a lengthy process but it just didn’t seem like there was enough to keep people coming back despite the presence of talent like Diana Maria Riva.

Almost Family revolves around Julia Beckley (Brittany Snow) having her life turned upside down when it's revealed that her father, a pioneering Nobel Prize-winning fertility doctor, used his own sperm to conceive dozens of children over the course of his career. She connects with two “sisters” in particular and I think that’s what they’ve built the show on but I had a hard time believing any of the negative effects of all this coming from Snow and chose to stop watching. I do have the Australian show it’s based on as part of my Netflix list, I think I will probably end up watching that first.

I did start watching Batwoman before my injury, it being female led and all. Ruby Rose does inspire a bit of monotony in the voiceovers that populate the show but I get it, she’s tired, she’s working hard and only making minimal progress, I understand she’s not full of pep. It is kind of weird to watch her slip into the suit and try to make it work for her and watch Camrus Johnson, the steward of the life Bruce Wayne abandoned, do his best to both avoid and become her Alfred. ETA: That got dumped off the DVR, too. There’s SOOOO much TV.

FBI: Most Wanted is a spinoff of FBI (somebody may have to stop Dick Wolf) featuring  Julian McMahon of Nip/Tuck as the head of team tasked with hunting down fugitives. Sadly, it’s been pretty run of the mill so far except for McMahon’s in-laws, which include Nathanial Arcand as his brother-in-law and a member of his squad.

The CW did reboot Nancy Drew and while I did not hate the concept, I’m still loyal to Pamela Sue Martin and chose not to watch it.

These are the shows that are on the air. Some mid-season shows are still ready to roll out. Some are already being bolstered by promos like Deputy. I am looking forward to that one and watching Stephen Dorff unexpectedly be made the sheriff of LA County. I think and really hope Yara Martinez, last seen and underutilized on Bull, will get to be a meaty part of this drama. ETA: Yara has gotten some featured episodes and done well but she’s essentially in the same boat as David Conrad on the Ghost Whisperer and Jake Weber on Medium.

Tommy is another cop show but thankfully Tommy is Abigail Thomas’ nickname and Edie Falco is front and centre as the first female chief of police for Los Angeles. She got the position as part of a court mandate after some ugliness in the department and often has to deal with the mayor, Tom Sadowski. Tommy’s assembled a pretty tight circle so far and, of course, does things her own way, so I’ve been trying to watch this live.

Zoey's Extraordinary Playlist is SOOOOOO good. I’ve missed Jane Levy so much and this has not only a lovely story but singing and dancing (with choreography by Mandy Moore). After an accident in an MRI machine, Levy’s character can hear people expressing their feelings through song. Her supporting cast is top notch. Alex Newell of Glee plays her neighbor who is trying to help Zoey figure this out, Skylar Astin of Pitch Perfect and Crazy Ex-Girlfriend is her BFF, Lauren Graham is her boss, and Mary Steenburgen and Peter Gallagher are her parents. Some of the most touching scenes (and songs) have involved Levy and Gallagher, who has lost many functions, including speech and a lot of movement. Thanks to Zoey’s condition, he is able to express himself to her through song and Gallagher’s voice is so sweet.

Geniuses has become Outmatched and features Maggie Lawson and Jason Biggs as parents of 4 children, 3 of whom are geniuses. I’ve seen 3 episodes so far. Everyone except the “normal” child seems to be waiting for a rimshot. I did enjoy Tony Danza as Jason Bigg’s dad but I am not going to be busting my butt to watch it.

Uninsured has become Indebted. Adam Pally and Abby Elliott end up having to take care of Dave's parents (Fran Drescher and Steven Weber), who have mismanaged their finances and need help paying down a sizable debt. Sadly, like Outmatched, everyone seems to be waiting for a rimshot and the jokes seem really repetitive. Weber’s character, for example, is constantly talking about spending extravagant amounts of money even though he is deep in debt and I doubt they’re going after a dementia storyline with him. When the name Dan Levy popped up on the credits I did a lightning fast search on IMDB to make sure it was not, in my mind, THE Dan Levy of Schitt’s Creek, and thankfully, there are 2 of them.

Lincoln Rhyme, who was played on the big screen by Denzel Washington, is now Russell Hornsby from Grimm and Fox’s failed Proven Innocent. There’s still an Amelia Sachs, there’s still a Bone Collector, and Michael Imperioli is always a strong utility player but I’m finding it collecting on the DVR because of the plethora of good stuff available on Thursday and my need to get through that because sampling Friday’s mostly guilty pleasures.

Katy Keene has made it air. It’s a Riverdale spinoff on the CW and they are spending a lot on advertising but not enough to rope me in. Not that I think it’s not a good show, I’m just not the target audience.

Of the rest of the list, I know the planned reboots of New York Undercover and NYPD blue did not make it out of the gate.

I’m never going to get this post finished if I included all of the pilots on the list I still haven’t talked about, so I’ll go with bullet points about the ones that stood out to me:

Nana: Katey Sagal playing a grandmother. Yeah.

An untitled comedy pairing Leslie Odom Jr. and Kelly Jenrette: GREAT team, well matched I think.

The Republic of Sarah: Sarah Drew of Grey's Anatomy goes from mayor to president. So much story potential there.

Broke: Jaime Camil and Natasha Leggero plus Pauley Perrette - uh, yes please. Sounds like a very strong team to me.

Next is a vehicle for Jon Slattery of Mad Men, who I adore, but I don’t recognize much of the supporting cast, which could be a problem if none of them are able to rise to his level.

Filthy Rich features Kim Cattrall and Gerald McRaney, a very strong base but I’m wondering how the religious community will respond to a story about how imperfect true believers can be. Another plus for me, it’s supposed to be filmed in New Orleans.

Richard Lovely is a vehicle for the uber talented Thomas Lennon, who plays the disgruntled author of the best-selling children's book series, Mr. Mouse. It looks like he’ll have Wendie Malick as a frequent scene partner and I believe that to be an ideal pairing.

Council of Dads is getting a lot of advertising but will involve death. If they handle it as well as The Unicorn has, I think it might have a chance.

That’s all I’ve got. I wish I’d finished this sooner. My DVR is 63% full. I’m going to match more TV.

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goonlalagoon · 7 years ago

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Once Upon a Legal Career

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My brothers and sisters looked askance at me when I first said I wanted to be a lawyer. We were fairies. We became godmothers, or wise advisors, or lived as wild, fey spirits granting polite travellers blessings and punishing those who deserved it.

The fact that I had always demanded an exact list of the points for this distinction, and who had compiled it, and when, should probably have clued them in that I wasn't going to stick to type.

It just didn't make sense. Who decided who was good and who was bad? The fairy? What use was that! My aunt thought everyone should give her an apple, sing Twinkle Twinkle Little Star and curtsy whenever they met her. Any traveller who ventured near her patch of the woods without prior warning was in for a shock (or else shared her eccentric views on a day's hike).

Studying law was hard. Not just because of the subject - my love for the goal got me through the boring bits - but because it meant living in a human town. They did their best to be accommodating, but there's a lot of iron in any human town.

I made do. It was going to be worth it.

It was. My siblings still raise their eyebrows, but I know it was. With magical land laws, bargains and quests, sometimes you really need someone to check things are running to the rules.

That's not the same as being nice, mind. If you go into my aunt's territory without offering her an apple and all that, she can turn you into any kind of tree she likes (it's usually an apple, unless she’s feeling creative). But she has to keep clear sign boards up at regular intervals around the perimeter, and she isn't allowed to trick you by pretending to be someone else. There's plenty of people who would've been spending a few seasons as an apple tree who have me to thank for that.

It caused a bit of a family row, but what can you do? If she didn't want people to press charges she should have operated in good faith to begin with. I'd always said she was being unreasonable and it was only a matter of time. Not even I had realised that what I meant was "until I'm qualified".

It was a bit of a bad moment when my first client told me who I was pressing charges against, I'll admit. But I won the case, and my aunt has finally started speaking to me again since I helped my cousin out when some adventurer totally unreasonably raided her house for food in passing. I don't care if you're searching for your one true love, it's still breaking and entering, not to mention theft.

My reputation precedes me, these days. I get a lot of out of court settlements, because people have twigged that I don't take on a case unless I'm damn sure I'm going to win it and they want to cut their own legal fees.

Right now I'm dealing with a messy case. Well, magical bargains are always either very straightforward or very messy. Word to the wise, folks: don't promise your firstborn child as payment. If for some reason you do, be sure to fill the prospective other parent in BEFORE conception. If they're not aware of the bargain, they can (and often will) object.

In really messy cases, like this one, they've already made the same deal to someone else. Two magical contracts with the same price, demanding payment at the same time...whew, it's a tangle.

I think I've got it sussed, though. The two contractors are just going to have to have joint care of the child and deal with it. The two parents both want to sue each other, but I'm trying to convince them not to seeing as they're both pressing the exact same charge. If their cases went through, they'd overall have no net change - one would have to make a payout to the other, who would then have to make the same payment back again. What a waste of paperwork.

Besides, in seventeen years the kid might want to press charges for being used as bartering material, and they might be better off forming a united front in advance. Not sure if I'd take that case or not. People have been offering up that kind of exchange for a long time.

On the other hand, it doesn't seem right that a kid has to grow up with the consequence of that sort of deal hanging over them. Still, seventeen years is a long time, so no need to borrow work for myself.

There's plenty of it around already. More than enough. There's a lot of contracts with fine print and shady dealers, not to mention the complexities of land laws when the land can be sentiment when it chooses. Arguments over who’s fence it is pale into nothing when you’ve got the ground itself complaining that it didn’t agree to have a fence there in the first place, thank you oh so very much.

The earth tends to speak through what we’d call ‘tremors’, so it also often leads to the fence falling down as well. I’ll leave it to you to imagine what happens with land inheritance. Wills in my part of the world tend to be very long and complex even by the standards of legal documents, because it isn’t as simple as ‘this goes to so-and-so’. The land itself has to agree, and offers its own terms.

One of my colleagues works exclusively as a lawyer for the earth, arguing developments and land laws from the perspective of the soil and stones. Me? I have to say I prefer dealing with the humans and fairies, if only because there’s less of a language barrier. I’m not great at a language that works through vibration alone, and you don’t want to ask it to repeat itself too often in case you set off a landslide.

And let’s not even get started on what happens when an enchanted castle starts pressing charges for neglect...

#fairy tale #I have no understanding of legal systems does it show?#Honestly I don't even know where it came from but I thought fairy lawyer and it went from there #my writing #once upon a legal career (and other stories)

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loyallogic · 6 years ago

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Real Estate Lawyers: The What & How of The Job!

What is real estate law? What do real estate lawyers do and how? This was one of those questions which remained unanswered for a long time for me, until I was sought for advise in a real estate matter myself.

A couple of years ago, a friend’s father contacted me out of the blue. He is a retired marine engineer. His elder daughter had recently been married. So, as a gift to his daughter and son-in-law, he had bought them a flat in Bangalore. He had paid about INR 2.5 lakhs as down payment and signed some papers. He was told that the construction work will start in about six months. He then went back to his home in Kolkata. About near 6 months later he realised that the construction work has not started. He contacted the parties and learnt that there will be a delay of a couple of months due to some unforeseen circumstances.

But even after few months, the work had not started. That is when he called for clarifications. Upon seeing such a lackadaisical attitude, things got heated and he threatened them with a lawsuit. Then the contractors simply said that he has waived off the right to sue based on one of the papers he had signed. This is when he got in touch with me.

I asked him to share the copies of all the documents. In one of the documents it turns out that this friend’s father had waived off his right to sue among other rights. Now I have next to nothing in terms of experience in real estate law. So I referred him to a friend after initial advice.

While talking to my friend I realised the extent of the real estate laws, rules and regulations involved in these matters. I also realised how much these affect us in our day-to-day lives. It intrigued me to know what do the real estate lawyers do and how? Are there any real estate law courses? So in order to get some insights, I spoke to a couple of real estate lawyers to understand what they do and how.

Here is what I learnt.

What do real estate lawyers do?

Real estate lawyers do everything from title search of a property to dispute resolution. They have to conduct the due diligence for the property to know if the title is clear for development or sale. Then they have to make title search reports or title search certificates as per their client’s requirements. They also check for pending mortgages and litigation on the property, to find a reasonable and amicable solution for their clients. They advise their clients on various property related matters. They draft MOUs, lease agreements, leave and license agreements, etc. They also handle land or property related disputes.

Their clients range from individuals investing in a flat to developers or promoters. So, if you’re a developer trying to get the land to develop a property, you have to get in touch with a real estate lawyer.

Click here to know about real estate law course!

What laws and regulations do they need to know?

While the range of laws applicable to real estate laws is extensive laws, like The Real Estate (Regulation and Development) Act, Transfer of Property Act, Contracts Act, state laws and regulations like Maharashtra Regional and Town Planning Act, Development Control Rules, etc. are what real estate lawyers deal with on a daily basis.

The Real Estate (Regulation and Development) Act

Recently, with the The Real Estate (Regulation and Development) Act, 2016 [RERDA], Real Estate Regulatory Authority (RERA) has come into place. This law was introduced to protect home-buyers as well as help boost investments in the real estate industry. The Act establishes Real Estate Regulatory Authority (RERA) in each state for regulation of the real estate sector and also acts as an adjudicating body for speedy dispute redressal. Under RERDA, all builders and developers have a duty to register their new and ongoing projects with the Regulatory Authority in case they are planning to sell the property. Under the law, RERA has to dispose off a complaint within 60 days of filing. With RERA in place in a state, one cannot file lawsuits in civil courts or high courts.

Transfer of Property Act

The Transfer of Property Act regulates the transfer of property in India and it classifies property into immovable and movable properties. The transfer of property may be to an individual, company or association or body of individuals. A real estate lawyer needs to be thorough in their knowledge of this act as it governs and regulates the transfer of properties between parties.

Contract Act

The knowledge of contract law is essential for all lawyers, more importantly the practical experience in the field. Even real estate lawyers have to know how to draft contracts and agreements. They regularly deal with clients who need them to draft the necessary agreements like MoU, lease agreement, leave and license agreement, sale agreement, broker agreement, etc. Therefore, they need to be adept at the subject matter.

Consumer Protection Act

Prior to RERA, even in states where RERA has not been established post-RERA, usually the lawyers approached the consumer courts whenever handover of a developing property was delayed, or if there was dispute between the seller and buyer of a property. The real estate lawyers need to know the procedural aspects of the law, how to file a consumer complaint, etc.

State Rules and Regulations

The rules and regulations for states differ from one another in terms of procedure, stamp duty, registration, etc. So, for instance in Maharashtra, a real estate lawyer needs to know the Maharashtra Regional and Town Planning Act, Standardized Building Bye-laws, Development Control Rules, etc. along with the other laws. In West Bengal, RERA was met with pushback from the state government’s legislation West Bengal Housing Industry Regulation Act (WBHIRA) which looks like an attempt to dilute RERA. There are two major deviations in the WBHIRA from RERA. It adds “…or any other circumstances as may be prescribed”, under the provision of unforeseen circumstances that prevent a builder from fulfill his contract,” which makes it ambiguous. Also, a garage is described as any parking space sanctioned by the government authority, which differs from the RERA’s definition of garage requiring a roof and walls on three sides. The real estate lawyers need to know and be able to apply the state laws, rules, regulations, bye-laws, etc. related to real estate.

What are the skills required for a real estate lawyers?

So, one of the questions I posed to the real estate lawyers was what kind of skill sets are required for a successful career in real estate law. Another question was what do potential employers look for in candidate while hiring.

In case of the employers, they look for candidates with experience in the real estate laws. This includes the number of deals the candidate may have closed, the nature and quality of said deals, the number of transactions closed, transaction based advise, dispute resolution, etc.

Knowledge of real estate laws

A real estate lawyer has to possess a thorough knowledge of the various laws, rules, regulation, bye-laws involved in real estate. These lawyers need to be able to provide end to end service a potential client. A client may come to them for a simple title search certificate or a leave and license agreement. Or a developer may come for understanding his contractual obligations to the client or whether the delay can be justified as unforeseen circumstance.

The thorough knowledge of relevant laws like RERDA, Transfer of Property Act, state rules and regulations like Maharashtra Regional and Town Planning Act, Standardized Building Bye-laws, Development Control Rules, West Bengal Housing Industry Regulation Act (WBHIRA), etc. is essential for real estate lawyers.

You can do a real estate law course to learn more about this field of law.

Contract Drafting

Every lawyer must know how to draft contract, real estate lawyers are no exception. They need to know the laws as well as how to draft the contracts needed by their clients. For instance, a developer or promoter developing his property, enters into an MoU with the potential party before entering the developer’s agreement.

Similarly, a house owner entering into a leave and license agreement with licensees, party leasing the property from another, all need a real estate lawyer to help them draft the necessary agreements and advise them. You can learn more about contract drafting here.

Dispute Resolution

The disputes arising of immovable property has to go to the right court. Prior to RERA, parties had the option of going to civil courts, high courts or consumer forums depending on the nature of the dispute. The real estate lawyers need to know the dispute resolution mechanism, the procedures of each forum, etc.

For instance, if the developer has failed to grant possession of the property for more than a year, a complaint can be filed against the defaulting party, i.e., the developer with RERA. The copies of relevant agreement like MoU, developers agreement, etc. has to be submitted along with the applicable fees. Thereafter within 60 days of filing, the matter is to be disposed off by RERA.

With such laws in place, a real estate lawyer has to find an amicable resolution of the dispute for his client. This requires a thorough knowledge of the laws involved, analysis of agreements involved, procedural knowledge, etc. A real estate lawyer must be able to clearly advise his clients on potential issues cropping up and safeguard them against the same to the best of their abilities.

Real estate law is a lucrative, as well as an interesting field of law as it gives the opportunity for lawyers to develop skills and expertise in a varied range of laws. With the changing legislations and regulations, it keeps the lawyers on their toes and helps them stay on top of their game. The market of real estate is always on the rise for real estate lawyers, as the need for legal advise and disputes with respect to property hardly seems to slow down! Making a career in this field will be highly rewarding.

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Real Estate Lawyers: The What & How of The Job! published first on https://namechangers.tumblr.com/

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juudgeblog · 6 years ago

Text

Real Estate Lawyers: The What & How of The Job!

Here is what I learnt.

What do real estate lawyers do?

Click here to know about real estate law course!

What laws and regulations do they need to know?

The Real Estate (Regulation and Development) Act

Transfer of Property Act

Contract Act

Consumer Protection Act

State Rules and Regulations

What are the skills required for a real estate lawyers?

Knowledge of real estate laws

You can do a real estate law course to learn more about this field of law.

Contract Drafting

Dispute Resolution

The post Real Estate Lawyers: The What & How of The Job! appeared first on iPleaders.

Real Estate Lawyers: The What & How of The Job! syndicated from https://namechangersmumbai.wordpress.com/

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meadeqkburnscn73insurance-blog · 5 years ago

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affordable insurance bozeman

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fccmo02-blog · 6 years ago

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Hiring the Cheapest General Contractor - Part 1

If this is your first time hiring a general contractor, this might seem like an easy decision. Hire the contractor with the lowest bid. Right? Well hold on for just a minute. Hiring the cheapest guy might seem like a money saving decision now, but there’s an old saying in the industry that says, “cheap means inexperienced.” Hiring the cheapest, but least experienced, general contractor may save you money now, but we can guarantee that it will become much more expensive during and after the construction process. Here’s why:

First and foremost, they are less likely to be insured. This is a big red flag. A lot of new and cheap contractors are not insured when they should be. Or if they are insured, they only carry general liability insurance and not workers comp insurance. This creates a lower bid because you are not paying for their insurance. However, this is not something you should overlook because a lack of insurance can cost big bucks down the road if something goes wrong. A natural disaster, a job site injury, or any other human error has the potential to cost you, the building owner, more than anything else on this list. If something bad happens, you could be held liable for the damages even though the contractor is the one that’s uninsured. Make sure you hire someone that has general liability and worker’s compensation insurance and while you’re at it, make sure they are also licensed and bonded.

You will have to pay to fix mistakes or you will have to take the contractor to court. The worst-case scenario is when the cheap contractor actually makes big mistakes that will need to be fixed. In this case, you will have to find another contractor and pay them a lot of money to do the work. This could cost you almost twice as much as hiring an inexperienced contractor in the first place. If you want to take the cheap contractor to court and sue him for his faulty work, you will have to spend a lot of time and money and lawyers aren’t cheap.

The building will be of lower quality. You will have to pay more down the road in repairs because of poor craftsmanship. Do you want to be performing roof repairs, for example, five years from now when it should have held up for 15? Or how about needing to replace a floor one year after you replaced it the first time? Those would be quite the expense. Also, it’s likely that the lowest bidder is using cheap materials to win your business with a low bid. With a commercial building, especially those that get a lot of traffic, using high quality materials is vital to the longevity of the building.

If they are still the cheapest contractor, typically the quality of their work is poor or they are unreliable.

Prices are going up and it is recommended that you find a contractor who will be open about the true cost of things and explain why the price that he is quoting is what it is.

Change orders are more likely. A change order happens when you planned to do one thing on the construction project but then it is decided to do a different thing. A change order calls for an amendment to the contract and can happen for a number of reasons:

Flaws in the design, unavailable materials, delays in construction, a change in price, etc.

Very few construction projects will be completed with no change orders but it is important to keep them at a minimum because they can be very costly. Hiring an inexperienced, cheap general contractor might cause you to end up with more change orders than if you would have hired someone with experience that could have given a more accurate bid in the first place. Inexperienced general contractors give unrealistic allowances, which cause cost overages and change orders.

For more details on our products and services, please feel free to visit us at House builder, Construction companies, Home builders near me, Luxury Homes, Dream Home

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advertphoto · 7 years ago

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Asset Protection Strategies

You have worked hard all your life, perhaps as a contractor, small business owner, nurse, politician, or any other career that required your steadfast focus, and perseverance. You have created a life, and wealth through tough labor. The last thing you need is to invalidate your hard work and lose all that you have saved. That’s exactly what can happen when you’re caught in a lawsuit. I’ve seen this time and time again as an asset protection attorney, that you can do almost everything right and still lose because you didn’t protect what is yours. That is also why it is so essential to know strategies to protect assets from lawsuits.

Strategies to Protect Assets from Lawsuits

You may have worked years to afford that boat, even decades to afford that RV, why should anyone else obtain those assets because of a human misstep. They shouldn’t. As humans, we’re all capable of missteps, and because of this, we need to outline ways to protect assets from lawsuits; need to know what our opponents can seize. Thus, we need an asset protection strategy.

Insurance: Good But Not Enough

First and foremost, regardless of what you may think about insurance, it is good to have but it is not enough. There are severe limitations. Most civil tort lawsuits nowadays allege “fraud,” whether justified or not, because the layer can collect a greater sum. If a plaintiff makes that allegation, true or not, the insurance companies will tuck tail and run the other way. Regardless, it is still wise that you fully cover your net worth with an umbrella insurance policy. In other words, if the policy only covers part of your net worth, it is not sufficient. You can expect to spend about $250, on average, per $1,000,000.00 of coverage. This is a steal, should you ever be in a situation where your assets are in jeopardy.

You need to also be aware of who you may inherit money from. If you’re in your father’s will, and are expecting to receive his estate, be sure to cover the full amount of which you expect. Doing so covers all that he worked hard for. Imagine a lawsuit that invalidates the estates of those you love, those of whom you were expecting an inheritance. It’s not only upsetting, it’s personal. Protect yourself with adequate insurance, and have some peace of mind.

Owning a Business

If you own a business, it’s critical you use appropriate business entities. You need to select the right one as well. Remaining as a sole proprietor of your business offers zero protection from liability. As with the above-mentioned insurance, this acts as a guard against frivolous business lawsuits. Having the right business entity for your small business, is in a way, insurance, and will protect you from those who work to assume your assets.

Real Estate

If you own rental property, for instance, consider owning it in an LLC (a Limited Liability Company). An additional layer we generally use is a land trust. The land trust owns the property for privacy of ownership. Then the LLC owns the land trust. Technically, the LLC is the beneficiary of the land trust. It’s important to know the multiple ways that asset-intruders get their hands on your hard work. This way, so you know how to stop them beforehand. The use of proper tools is one way of doing so.

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More Strategies to Protect Assets from Lawsuits

What about divorce? What about other jointly-held accounts? It’s crucial you protect your assets from personal intrusion. This may seem “cold” at first, when considering it, but it’s not. One way to overcome the awkwardness of mentioning safeguarding yourself within a jointly-held account, is to mention the benefits for the other party. Jointly-held accounts have the potential to wreak havoc on your assets, in the event of an unlikely divorce, or separation by one party (divorce or other relationship). This conversation is useful to those you hold accounts with jointly, as they too will see benefits in protection.

Trusts

There are many types of trusts. To protect yourself from lawsuits, the offshore trust is one of the strongest asset protection strategies. Set it up the Cook Islands and with an offshore account in Switzerland and it is virtually bulletproof. We have never seen a client lose money in a lawsuit when we have established this structure for them.

Partnership Dangers

You also need to avoid partnerships. Like jointly-held accounts, partnerships, if used at all, the parties need to formalize it. This helps to minimize disputes between partners. The problem is that it is difficult to protect your assets in the event your partner commits an act that jeopardizes the partnership.

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Consider you have a partnership with someone erecting above-ground pools. What happens when your partner is working alone, one day, but makes a serious mistake and someone ends up getting seriously injured or killed. Your assets are in jeopardy, even though you had no part in the action. You were merely his partner. The last thing you need is for your partner John’s mistake, to cost you, possibly, your life savings. So, it’s important to consider all partnerships carefully, if you used them at all. The bottom line is this: Avoid partnerships like the plague. Your partner’s mistake can cause you to lose about everything you own.

Corporations for Asset Protection

When you run a business, establish a corporation. Operating your business as a corporation gives you a legal shield should a customer sue your business. When a lawsuit strikes, the company contains the liability inside. Rather than exposing your personal home, bank account, automobiles, savings and everything you’ve worked so hard for the company acts as a lawsuit shield. It is easy to have an experienced professional (such as this one) establish a corporation for you. Simply give them the name you want to call your business, the name of the first director(s), and then cover the cost of formation. When an ugly lawsuit against your business rears its head, you will be glad you did.

LLCs for Asset Protection

Another area people need to be careful, as partially discussed earlier is the importance of forming LLCs, over a sole proprietorships or partnerships. Sole proprietorships or partnerships essentially mean that you have no safeguard. You can be held personally liable for any misstep you take, any misstep your partner takes, or any perceived misstep. An LLC can have great tax benefits for holding income-producing real estate or other passive investments, such as stock market investments.

It is best to hold one piece of rental real estate in one LLC. That way, if someone sues the LLC, only one property is at risk. You have effectively cubby-holed your liability to one property each.

Sole Proprietorship Warning

Many people work as contractors, under the sole proprietor designation. The problem with this is that you open all your assets for the taking should you make a wrong move. Imagine you are a tutor. Your business is formed only with your first and last name. You’re not incorporated. You don’t have the LLC designation.

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What happens to you as a tutor when a student looking for some form of attention accuses you of sexual harassment? You are in big trouble, is what happens. What if your employee cause bodily injury to another person? It happens all the time. Everything you have worked for is now in jeopardy, because of a simple, false accusation or employee slip up. Don’t let someone take your earnings because you failed to form a simple LLC. The process doesn’t take very long, and in doing so, you are saving yourself from poachers.

Retirement Funds

Another way to protect your assets is to use a retirement fund. These funds are usually well protected in most states, and if you are not in need of a certain amount of money, or compounding income, being smart, is to transfer those funds into that account. The only hiccup with this is that you need to consider, many of these accounts require you to wait a certain period to remove funds in order to remove them untaxed. You always have access to remove any funds from these accounts as you like, but there is usually a penalty for withdrawing too early, usually before around age 60, give or take. Stay up to date on the latest retirement account statues where you live.

Free Initial Consultation with an Asset Protection Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you need legal help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506

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