News
[08/15]
General Shopping Brasil Posts 74.3% Increase in Gross Revenue in 2Q08 and 67.6% in 1H08. Adjusted EBITDA Rises 96.0% in 2Q08
[08/15]
Cyrela Announces 56% of the Sales Speed of 2Q08 Launches and 60% Growth in 1H08 EBITDA
[08/15]
Trump to buy McMahon's home, let him live there
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Articles
Understanding Arbitration
Some contracts involved in the purchase, sale, or lease of real property contain language requiring that the parties settle any dispute through arbitration. Arbitration is a method of dispute resolution that resembles the traditional litigation process, although the proceedings are typically less formal. Also, in arbitration the parties usually agreed to employ that procedure before any dispute arose, and they may have the right to decide who will hear their case. Like litigation, at the arbitration hearing the parties present their competing evidence to the decision maker, called an arbitrator, who then makes a determination and issues an order, judgment, or decree. Under some circumstances, a panel of arbitrators will hear a case.
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How can I find the exact boundaries of my property?
You can hire a licensed land surveyor to survey the property and place official markers on the boundary lines. Professional organizations, such as the California Land Surveyor's Association (californiasurveyors.org), often provide useful information on how to choose and work with a land surveyor.
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Case Summaries
[09/05]
Mission Shores Ass'n v. Pheil Grant of petition which reduced the percentage of affirmative votes required to amend the Declaration of Covenants, Conditions, and Restrictions (CCR) is affirmed over claims that the trial court erred in finding that: 1) the amendment was reasonable; 2) the balloting conformed to the CCR; and 3) there was no impairment to the security interest of mortgages.
[09/05]
Miner v. Clinton County In cases alleging violations of due process and equal protection stemming from defendant county's foreclosure of plaintiffs' properties as a result of unpaid property taxes, grant of summary judgment for defendants is affirmed where: 1) due process does not require actual notice of foreclosure; 2) defendants' actions were reasonably calculated under the circumstances to provide notice of foreclosure; 3) plaintiffs were not entitled to additional notice of default judgment where the previous notice of foreclosure met the requirements of due process; 4) defendants did not violate plaintiffs' rights to due process and equal protection of the laws by refusing to accept redemption after default judgment was entered or refusing to grant plaintiffs a share in the surplus from a tax sale; and 5) there is no merit in plaintiffs' claim that reasonable restrictions on the method of payment of long overdue taxes, such as requiring payment by cash, money order, or certified check, violate due process.
[08/29]
Trammell Crow Cent. Tex., Ltd. v. Gutierrez In a negligence suit alleging that the property manager of a shopping mall failed to provide adequate security, resulting in a criminal attack in which the victim was killed, affirmation of judgment in favor of plaintiffs is reversed where the criminal attack was not foreseeable, and defendants had no duty to protect invitees on their property from third-party criminal acts.
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