Now this is one thing that you should be very careful about.
Real estate agents are in the game of buying and selling homes. At their core, they are sales people and rightly so. Given this fact, you need to be very leery of any real estate agent that offers legal advice. Why? They haven’t got a clue and are potentially breaking the law.
You go to view a home and notice the owner has done a lot of custom work. You love it. The home is unique and amazingly so. You put in an offer through your real estate agent. After some haggling, a deal is reached. Escrow gets underway and then a problem arises. The appraiser notes the home has more square footage than recorded in the county records. It becomes obvious the owner did the customization without getting permits. It also becomes obvious that some of the work is not up to code.
At this point, the deal should either die or the seller should be offering major financial concessions. You are not really sure what to do. Your real estate agent tells you to take the concessions. She has seen this before and knows that the building department will okay the home. If not, you can always come back and sue the owner for breach of warranty and contract. Taking this advice, you go ahead and buy the home.
After taking possession of the home, you are told by a building inspector half the home will need to be torn down and rebuilt to meet code. You are outrages and speak with an attorney about filing a lawsuit against the seller. The attorney looks at the deal, notes all the disclosure done by the seller and the concessions on price. Guess what, you have no legal remedy. Everything the real estate agent told you is wrong.
This type of scenario plays out repeatedly. Real estate agents are famous for giving out legal advice regarding issues they have no business discussing. They are versed in the practice of selling and buying real estate, not offering legal opinions. To this end, more than a few real estate agents have been sued for “the unauthorized practice of law”. In the scenario above, the buyer would in fact be able to sue the real estate agent and successfully so.
In truth, most real estate agents give legal advice without really thinking about it. They also do it without malice. They are just trying to make a sale. While they can incur liability for doing so, it is incumbent on you to realize that an agent is not a lawyer. If there are legal issues related to a real estate matter, you should speak with an attorney to get accurate advice. Otherwise, you are taking a huge risk.
Raynor James writes for FSBOAmerica.org – where you can get an answer to the question of how do I sell my home in this market?
Can we assume that international law supersedes the sovereign rights of a country?This book provides dramatic evidence of the principle of legality at work in international human rights institutions during the past half-century. It brings together scattered legal opinions from the early years of the United Nations and renders a great service in chronicling the practice of international law in a vital domain. It is itself a labour of love, having been assembled piece-by-piece over several years. Legal advisers in international organizations and t… More >>
The Principle of Legality in International Human Rights Institutions:Selected Legal Opinions
Product DescriptionThis scarce antiquarian book is a selection from Kessinger Publishing’s Legacy Reprint Series. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment to protecting, preserving, and promoting the world’s literature. Kessinger Publishing is the place to find hundreds of thousands of rare and hard-to-find books with some… More >>
Legal Opinions Of Joseph M. White, Daniel Webster, And Edward Livingston: In Relation To The Title Of The Duke Of Alagon
Legal Opinions: The Impact of the Tribar Committee’s New Report on Legal Opinion Practice
Product DescriptionThis is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We a… More >>
Principles and Precedents of Moohummudan Law: Being a Compilation of Primary Rules Relative to the Doctrine of Inheritance (Including the Tenets of the … Selection of Legal Opinions Involving Those
Making the most of your research time.
Is it possible with all the stuff that you get with google, well the answer is yet, it is possible.
By: Todd Spodek, Esq.: Google has recently launched Google Scholar, which is an amazing free resource for both lawyers and non-lawyers to research the law. Everyone can now read the full legal opinions of U.S. State, Federal and Appellate cases.
These cases can be searched by the case name, or topic. Further, one can now easily see how a legal opinion has influenced other Judges by reviewing the citing page, and related cases page.
For example if you wanted to read the famous NY Court of Appeals Case People v. Huntley which allows a defendant to challenge the voluntariness and lawful nature of any statement made to the police you could easily do that.
This is an important case to know about because if a defendant requests a Huntley hearing, and is successful at the hearing, any incriminating statements made will be precluded from trial. The hearing Judge will consider the following factors to determine if the statements were voluntary:
* Whether the defendant was in custody at the time of the statement. If so, whether the defendant waives hid Miranda rights. * Whether the police used unfair coercion or violence * Whether the police made promises to the defendant * Whether the defendant mad ethe statement on his own free will * Whether the statements were obtained as a result of an illegal arrest
The Judge must find that voluntariness beyond a reasonable doubt before the confession can be submitted to the trial jury.
Here’s how to use Google Scholar:
1. Start at Google Scholar 2. Click Google Advanced Scholar Search on the right side of the search box 3. Type Huntley into the “with all of the words” search box 4. Scroll down to Legal Opinions and Journals, Search only Court opinions from the following states, and check New York 5. Click Search Scholar 6. Once you pull up the case, if you click on the “How Cited” link you can see 1) How this document has been cited and 2) Related documents.
Storobin & Spodek LLP web site provides information on theNew York Penal Code. We also provide information on theNew York Bankruptcy Courts.
Product DescriptionOriginally published in 1915. This volume from the Cornell University Library’s print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies. All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume…. More >>
Workmen’s Compensation: Legal Opinions on Various Phases of the Iowa Workmen’s Compensation Act
The concept of offshore outsourcing has gained immense popularity in the coming times. Businesses across the world have not only embraced offshore outsourcing but also integrated it as a key business strategy within their companies. The practice of transferring an existing business function to external service provider enables businesses to utilize outside resources to perform activities previously handled in-house, thus gaining a cost effectiveness.
Legal Process Outsourcing to IndiaLegal process outsourcing or LPO as its popularly called is increasingly gaining popularity in the offshore outsourcing world. And India is one of the major hubs for LPO services. In terms of brainpower, fluency in English language and knowledge of legal processes, Indian lawyers are well at par with the U.S. lawyers. Also, India’s legal system is based on English Common Law and Indian legal training is conducted solely in English. Not only this, Appellate and Supreme Court proceedings take place exclusively in English and legal opinions are also written in the same language. This is why Indian lawyers are so well-conversant with the UK legal system.
Benefits of Outsourcing to IndiaIndia is the world favorite destination for LPO services. Here are some reasons why it is so:
Time Differences – India and UK lie in different time zones which enables Indian lawyers to work overnight and complete the work before the official business day begins in the UK. Likewise, when it is day time in India, it is night in US. So, when Attorneys in US leave office for the day, they instruct their counterparts in India to do research on particular legal issues. In turn, Indian lawyers work all through their day and complete the work before the official business day begins in the US. And so, US Attorneys can have the complete research done on their table in the early morning.
Proficiency in English Language – India generates more than 200 million English-speaking, college-educated professionals every year. And since the medium of education is English, all of them are well adept at the language thereby ensuring no communication problems.
Lots of Talent – India has more than 500 law schools and about 200,000 law students graduating each year, thus a large pool of attorneys. Lawyers in India use the very same research tools and case summaries as associates in the U.S. do thereby ensuring a steady knowledge. In addition, India has a reputation of producing highly motivated, intelligent and extremely process-oriented professionals. And they have no qualms completing tasks such as poring over and coding thousands of documents in advance of a trial that foreign associates at law firms would look down upon.
Low Prices – One of the prime reasons why legal process outsourcing to India is on the rise is because of the sky high fees quoted by US attorney, even junior attorneys. This is why small law firms and single practitioners in US, who cannot afford to have large number of staff decide to hire legal officers from India to do their tasks while they can concentrate on their practice. Their work at the same time gets completed in India at a fraction of cost and without even having to invest in infrastructure and staff.
Maneet Puri is the managing director of LeXolution IT Services, a professional IT Services company based in India. His firm provides a full range of data management serviceslike virtual assistance and internet research services and is planning to open a LPO team in the near future.
This is an interesting book and one that you would be well served with reading…
Product DescriptionTitle: Digest of Legal Opinions of Thomas B. Paton, General Counsel of the American Bankers Association, Which Have Been Published in the Issues of the Journal of the American Bankers Association From July, 1908, to June, 1919, Inclusive, With an Index; Publisher: New York : American Bankers Association Publication date: 1919 Subjects: Banking law — United States Notes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrati… More >>
Digest of Legal Opinions of Thomas B. Paton, General Counsel of the American Bankers Association, Which Have Been Published in the Issues of
To get client satisfaction, especially from legal firms, is a very difficult task. One of the most well trusted legal firms in Kenya and in Africa that have so far provided satisfaction for their clients is Daly and Figgis. Their main aim is to provide the following to their clients
Competence: The lawyers who represent you should be well experienced and should have vast knowledge on various aspects of law. They should have practiced for a while. As you may know, ‘practice makes perfect’ and in this way the lawyers gain experience. The lawyers should also qualify as Solicitors, Barristers or Attorneys. The lawyers should provide succinct advice, real solutions and thought out best options rather than lengthy legal opinions and voluminous advices.
Commercial outlook to legal problems: Another thing that law firms should do is to understand that clients expect them to do more than just quote the textbook to them. Clients want to know how the lawyers will argue out their cases in court by applying both book knowledge and wisdom. The legal experts should be mindful of the commercial aspects of a transaction and advise the clients accordingly.
Cost effectiveness: Law firms should recognize that clients need to keep the legal costs of a transaction to a minimum. There is sometimes a false perception that the larger older established firms are more expensive than the smaller and/or more recently established firms. This is a wrong perception because legal firms will charge you according to the experience, competence and negotiation skills that are put on the table. If you want a good job done then you may end up paying a little bit more, but you will get the quality deserved for what you have paid for.
Daly and Figgis concentrate on providing the above to their clients. Through their competent lawyers, they bring a wealth of experience that will give you your money’s worth. If the clients are not satisfied, they will work hard to ensure that their clients needs are met. They will not rest until justice is done!
Essentials of a good law firm
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