This is an article that our law firm authored for the Indiana State Bar Association. The article was published in the March 2021 issue of Res Gestae magazine. Forms of Co-Ownership of Real Property Many married couples elect to hold title to real estate as an “Estate by the Entireties,” which is a form of […]
The Truth About Land Trusts- Part Two
This is Part Two of a Two-Part Article on Land Trusts Just Use What the Law Already Provides There is really no substitute to a properly formed and maintained limited liability entity. Whether you choose to form a limited liability company, a corporation, a limited partnership, or a limited liability partnership as part of your […]
The Truth About Land Trusts- Part One
This is the first part of a two-part article on Land Trusts. Question: What Do the Polio Virus & Land Trusts Have in Common? Answer: Neither can be eradicated! Let me preface this article by explaining that I have a legal degree, a law license and 30 years of experience practicing as a licensed lawyer. […]
Can a Commercial Landlord Force a Tenant to Stay Open? A Primer on Mandatory Injunctions
Can a Commercial Landlord Force a Tenant to Stay Open? In a word, yes. In a recent case (issued November 25, 2020), the Indiana Court of Appeals case had to determine whether it was appropriate for a trial court to issue an order compelling Abercrombie & Fitch Stores, Inc. (Abercrombie) to keep its store open, […]
Bad Indiana Land Contract Law Dies Before Passage
Indiana House Bill 1495 (2019 Session) made its way to a Conference Committee, but the Committee Report was rejected by the Senate on a 30 to 19 vote. HB 1495 would have unnecessarily restricted the use of land contracts, when the buyer intended to use a home as the buyer’s principal dwelling. In fact, this […]
REAL ESTATE ACQUISITIONS AND SALES
Home purchases typically represent the most significant investment people will make in their lifetime. Therefore, it is important to consult a knowledgeable real estate attorney to help protect your interests in the purchase process. It is equally important to consult an attorney if you selling a property. One of the services real estate attorneys provide […]
The Series LLC for Real Estate Deals
This is the second article we have authored about the Indiana Series LLC, which remains a relatively new business structure, having just become available on January 1, 2017. While the rules, regulations, processes and law on this new business model are incomplete and not yet fully decided, the law governing the Series LLC is developing […]
Indiana’s SAFE Act Rules
Q- Can an investor sell upto but not exceeding 5 properties on contract without a license? A- Yes, in Indiana, as of 2012. 5 is fine. 6 is prohibited. In response to the August 2011, federal changes to the HUD SAFE Act rules, Indiana changed its rules. Additionally, the Indiana General Assembly changed the Indiana […]
5 Essential Lease Terms
If you are a landlord or property manager, your lease is a critical component of your business operations. You should be careful not to rely on pre-printed leases or downloaded forms. Standardized lease agreements are not guaranteed to fit your particular needs, and what may work in California may not be enforceable in Indiana. As […]
DO I NEED A REAL ESTATE LICENSE
Certain activities involving real estate DO require a license. The question is what activities performed by whom. In order to determine when and for whom a license is required, we turn to state statutory law. Because I only practice law in Indiana, I’ll use Indiana’s statutory scheme as an example. Research the statutory law in […]