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What Can HOA Members do When Owners Fail to Pay Dues?

Members of a homeowner’s association (HOA) generally assume that fellow member will pay their dues and assessments. HOA dues are collected for the purpose of managing the development and repairing common areas. If the HOA fails to collect adequate dues,…

Balancing Interests in a Nuisance Claim

Balancing Interests Nuisance Substantial Interference

A landowner enjoys specific rights granted by law with respect to his land. Namely, a landowner is entitled to use and enjoy his land in comfort and convenience free from the interference of any other individuals. A private nuisance occurs when there…

What Disclosures Must a Residential Landlord Make to Tenants?

Damages Disclosures Flooding

Residential landlords must make certain disclosures to tenants. These disclosures are generally written in the lease. If a landlord fails to make required disclosures, he can incur fees and potential legal ramifications for violations of state and federal law. Certain…

Including Roommates on Your Lease

Joint & Several Liability Lease

If you decide midway through your lease that you would like to add a roommate or co-tenant, it is important to understand your rights and responsibilities in this new arrangement. You will need to get the landlord’s approval to add another…

Choosing Among Mortgages When Purchasing a Home

Borrowers Interest Mortgage

In the midst of the real estate bubble, potential homeowners were offered a wide variety of mortgage structures to finance the purchase of their homes. Borrowers often could put down little to no money and finance the entire cost of…

What Does My Home Insurance Policy Cover?

Home Insurance Policy Liability Natural Disasters

Purchasing a home insurance policy may be confusing for first time home buyers. Home insurance policies provide broad coverage for an array of unexpected events that can arise in connection with your home. There are many types of policies depending on your…

Are Penalty Clauses in Real Estate Contracts Enforceable?

Liquidated Damages Penalty Clause Unenforceable

In real estate contracts, a liquidated damages clause may be included to estimate damages if a party fails to perform. In general, if a liquidated damages clause is determined to be excessive, it will be regarded as a penalty. In Georgia, there are…

Tenant’s Right to Repair and Deduct

Lease Repair and Deduct Warranty of Habitability

When a landlord refuses to make necessary repairs to a tenant’s unit, a tenant has several options. One of these actions, referred to as “repair and deduct,” allows the tenant to hire a third party to complete the repair and…

When Can You Get Rid of Private Mortgage Insurance?

Loan to Value Ratio Mortgage PMI

Private Mortgage Insurance (PMI) is intended to protect the lender in the event that the borrower defaults on his mortgage. It is typically required when the borrower’s down payment is 20 percent or less of the purchase price. PMI costs are…

Legal Reasons to Refuse to Sell Your Home to a Particular Buyer

Fair Housing Act Mortgage Offer

When selling or renting your home, there are certain actions or behaviors that are illegal under federal and/or state law. This includes the refusal to sell or rent one’s home based on factors listed in the Fair Housing Act passed in 1968.…

Factors to Consider When Hiring a Home Appraiser

Appraisal Lender Market Analysis

When you are selling your home, there are many decisions that must be made. This includes whether to hire a broker, how much to list the home for, and which strategies to use to market the property. While a lender…

Construction Defect Lawsuit: Choosing a Course of Action

Construction Defect Legal Claim

In a new home, the presence of defects in construction can give rise to legal claims by the homeowner against the builder. This type of lawsuit may entail a number of legal theories depending on the type of defect, the…

Real Estate Law

What Can HOA Members do When Owners Fail to Pay Dues?

Balancing Interests in a Nuisance Claim

What Disclosures Must a Residential Landlord Make to Tenants?

Including Roommates on Your Lease

Choosing Among Mortgages When Purchasing a Home

What Does My Home Insurance Policy Cover?

Are Penalty Clauses in Real Estate Contracts Enforceable?

Tenant’s Right to Repair and Deduct

When Can You Get Rid of Private Mortgage Insurance?

Legal Reasons to Refuse to Sell Your Home to a Particular Buyer

Factors to Consider When Hiring a Home Appraiser

Construction Defect Lawsuit: Choosing a Course of Action

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