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Real Estate Law Archives

How strong contracts can resolve construction defect claims early

Whether you are a property owner looking to improve an existing structure, someone planning to build a new home from scratch, or a contractor who provides construction or remodeling services, a dispute about the quality of work, the materials used or the design you agreed upon with the other party can lead to expensive litigation.

Coronavirus and Your Commercial Lease: A Primer on Lease Termination Issues Raised by COVID-19

The COVID-19 virus has devastated small businesses, which are the engine of the U.S. economy. A recent survey by Goldman Sachs titled US Small Business Owners Face Great Uncertainty; Over Half Say They Cannot Operate Beyond Three Months revealed that 51% of small-business owners said they could not sustain more than three months of the current economic downturn. In addition, ninety-six (96%) said they have already been affected by COVID-19 and 75% have seen reduced sales.

PPP Program/CARES Act - Eligibility of Residential Cooperatives and Condominiums for Funding

We at Fox & Moghul have been receiving several queries on whether residential cooperatives and condominium associations are eligible for SBA loan funding under the Paycheck Protection Program ("PPP") included the CARES Act.

Coronavirus and Your Mortgage - Possible Options for Borrowers Affected By COVID-19

COVID-19 has wreaked havoc with the ability of many people to timely pay their current mortgage. We at Fox & Moghul have been receiving a high-volume of calls by distressed homeowners seeking assistance on this issue. If you are one of those affected by the coronavirus pandemic, and are facing financial difficulties, including an inability to pay your mortgage, then there may be several options that are available to you under the proposed CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT OR THE CARES ACT.

Terry L. Fox delivers keynote presentation at the NBI's annual CLE on Curing Real Estate Title Defects

Fox & Moghul's partner Terry L. Fox delivers lecture for the National Business Institute's annual CLE on Curing Title Defects. The course covered a variety of ways in which lawyers can resolve title defects, and more information can be obtained at NBI's website.

What is a Seller property disclosure?

A Seller Property Disclosure is a requirement in a standard residential sales contract. Only the seller may complete and sign this form. The agent or property management company is not authorized to sign on their behalf. It requires a seller of residential property to disclose all known & latent defects (they have actual knowledge of) in the property. Latent defects are material defects that a purchaser would not reasonably be expected to ascertain or observe by a careful, visual inspection of the property. The seller is also required to disclose any defects that could impose a threat to the health or safety of the purchaser or occupant of the property. This would include tenants or invitees of the purchaser. The disclosure should be delivered to the purchaser at the time the sales contract is signed. In the Washington, DC Metro area there are jurisdictional variations to the disclosure, as well as the remedies for the purchaser in the event the seller does not provide it in a timely manner.

Using A Power Of Attorney In A Real Estate Closing

A Power of Attorney (POA) is a legal document executed by a Principal (buyer or seller) that designates an agent, referred to in this document as the Attorney in fact, to sign on their behalf. In the State of Maryland, it is suggested that you use a statutory POA form when such a power is needed. Mehalko & Moghul can prepare a suitable POA to be used in Virginia and The District of Columbia.

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