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Using a Kick-Out Clause in a Contract

Some sellers may request a kick-out clause in their purchase contract. A kick-out clause gives the seller the right to “kick out” the buyer who has contingencies in the contract under certain conditions if the seller receives another offer. A kick-out clause…

Restrictions on the Rights of an Easement Grantor

Easements Property Owners

When a grantor confers the right to use an easement to another party, the easement holder obtains a nonpossessory interest in the property. This means that the easement holder may continue to make use of the land and to exclude…

The Process of HOA Foreclosures in Georgia

Foreclosure HOA

Once a member of a homeowners association (HOA) or condominium association (COA) defaults on an assessment, a lien attaches to the property by default and the HOA or COA may foreclose on the property. An HOA and COA is permitted…

Water Damage and Neighbor Disputes

Civil Litigation Property Owners

Disputes between neighbors can arise when one or both of the property owners experience water damage. Water damage can result from either natural or artificial causes, and may include damaged retaining walls, faulty drainage mechanisms and run-off from excess water.…

Understanding Georgia’s Nuisance Laws

Nuisance Property Owners

If a barking dog, too many cars on your street, or water runoff from your neighbor’s yard are irking you, you may be wondering if there is anything you can legally do to remove or stop the offending behavior. These…

Resolving Commission Disputes Between Brokers and Agents

Arbitration Brokerage Law Procuring Cause Real Estate Law

Commission disputes between agents often arise in real estate purchase transactions, particularly those that involve ancillary agreements. This can occur when agents agree to split the commission on a listing or to share the buyer on an open house. When…

What is “Normal Wear and Tear” in a Rental Property?

Landlord Tenant

In most standard leases, the security deposit covers damages to the unit that exceed normal wear and tear. In Georgia, the law states that “a landlord cannot retain a security deposit to cover normal wear and tear that occurs as a…

The Enforceability of Oral Contracts in Georgia Courts

Oral Contracts Real Estate Law Statute of Frauds

When entering into an agreement with another party, memorializing the terms of the agreement in writing is always ideal. In some cases, it is legally required. But in the course of making business deals, many agreements are not put into…

Falling Trees: Who is Responsible?

Real Estate Law

Damage to property caused by trees can become a source of conflict between neighbors. When a tree limb falls on your neighbor’s property and destroys some part of his home, who is liable for the damages? Responsibility for the damage…

Leasing Rules for a Tenant-at-Will

Lease Real Estate Law Tenant

Written leases provide landlords and tenants with the security of clear, explicit provisions governing their relationship and the terms of the tenancy. While the advantages of a written lease are evident, sometimes the parties do not have a written lease…

Acquiring land Through Adverse Possession

Property Owners Real Estate Law

Several legal doctrines permit individuals who do not own title to a specific piece of land to acquire ownership of that land by operation of the law. One such method of land acquisition is adverse possession. The specific laws of adverse…

What Property Owners Need to Know About Drainage Easements

Property Owners Real Estate Law

When purchasing a home it is important to determine whether any easements exist that encumber your land. Easements grant a third party (“easement holder”) a non-possessory interest in your land. Utility easements are maintained by utility companies for the benefit of other…

Real Estate Law

Using a Kick-Out Clause in a Contract

Restrictions on the Rights of an Easement Grantor

The Process of HOA Foreclosures in Georgia

Water Damage and Neighbor Disputes

Understanding Georgia’s Nuisance Laws

Resolving Commission Disputes Between Brokers and Agents

What is “Normal Wear and Tear” in a Rental Property?

The Enforceability of Oral Contracts in Georgia Courts

Falling Trees: Who is Responsible?

Leasing Rules for a Tenant-at-Will

Acquiring land Through Adverse Possession

What Property Owners Need to Know About Drainage Easements

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