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Archive for the ‘Real Estate Law’ Category

Commercial Real Estate Definitions

Monday, March 9th, 2009


Commercial real estate is distinctly different from residential real estate. The terminology is very different and here is a list of new terms from O to Z.

Commercial Terms

Operating Expenses: Just as it sounds, operating expenses are those costs associated with operating a commercial property. Contract and state law typically govern the exact nature of the operating expenses.

Partition Wall: A wall built in the internal area of a suite to divide the general space. For instance, offices built during a tenant improvement project with have partition walls separating them.

Punch List: A punch list runs part and parcel with a walk through of completed construction work. The construction company and client will walk through the area and complete a punch list of items that need to be fixed or modified. .

Shell Space: The interior of a commercial building that has been completed, but does not yet have any tenant build outs. The shell space generally refers to this gross square footage regardless of whether tenant improvements have occurred or not.

Substantial Completion: Notice given by a contractor to the client indicating the property has been completed to the point where a walk through and punch list review are appropriate.

Usable Square Feet: The square feet in a building, suite, warehouse and so on that can actually be used by tenants. Due to building regulations and design issues, certain amounts of a space in a tenant suite may not be usable and such footage is excluded from this calculation

Unlike residential real estate, commercial real estate is primarily considered a business transaction. Learn the terms and you’re well on your way to moving smoothly through the process.

Liability Of The Real Estate Agent

Thursday, December 18th, 2008


According to the Law 39/1989 the real estate agent must be registered with the local Chamber of Commerce. If the agent is not registered, he will be liable to fines and other penalties and he will not be entitled to the agreed commission.
The above mentioned legislation provides an important guarantee for the consumer requesting that real estate agents must have adequate insurance cover in order to practise their profession.

As a consequence, although the real estate agent cannot be charged with technical-juridical investigations concerning the property that might have an impact on the transaction (legal due diligence), he is nevertheless charged with duties of information according to the principles of the normal professional diligence.The real estate agent is therefore obliged to give information on each circumstance in his knowledge or that simply he should have known according to the principle of normal professional diligence.
Wrong or non verified information would not be acceptable according to the law. Lack of respect of such principle could cause contractual responsibility and the right of the consumer to request the repayment of the commission.
Under special circumstances the consumer could also be entitled to request compensation for damages.

If the guilty silence of the real estate agent induced the consumer to finalize the contract under different conditions than he would have had if he was properly informed, the real estate agent could be responsible to pay for the difference.
According to article 1755 Civil Code, if the deal is closed thanks to his intervention, the real estate agent is entitled to a commission from both parties. Such right could arise already at the signature of the preliminary contract, assuming that such contract is complete in all the essential elements.In order to be entitled to the commission the real estate agent must have a decisive role in the transaction.Simply generating the lead of a potential buyer without accomplishing any other task, is not enough to be entitled to such right.The law does not provide the cost of the commission; therefore this can always be freely agreed by the parties. It is always advisable to agree the commission in writing.

Basics of Real Estate Law

Friday, January 4th, 2008


One of the basics of real estate law is real property. What is real property? Real property is simply the real estate. The real property is used interchangeably with real estate.

Real estate also entails about owning real property. What is owning real property about? Owning real property allows you the right to do with the land as you please aside from those subject to restrictions imposed by real estate law.