Commercial Real Estate
Indiana Legal Opinion Letters
In the business, real estate, and finance professions, a legal opinion letter is an important document that provides assurances to parties involved in a transaction. A legal opinion letter is a formal, written communication from an attorney to a third party. It provides the attorney’s professional judgment regarding the legality of a specific action, document,…
Read MoreSmall Claims in Indiana: Access to Justice
Small claims courts in Indiana provide individuals with the opportunity to resolve specific eligible disputes with simplicity and convenience. Pursuant to Indiana Code § 33-28-3-4, the following types of cases are eligible for the small claims docket: There is an important caveat to utilizing the convenience of the small claims docket – any amount sought…
Read More1031 Real Estate Exchanges in Indiana and Michigan
Many amateur real estate investors are unaware that they must pay capital gains taxes when they sell an investment property. However, in certain circumstances, Section 1031 of the Internal Revenue Code allows the investor to “swap” one investment property for another without having to pay capital gains taxes. This rule allows the investor’s sale proceeds…
Read MoreTHE IMPORTANCE OF QUIETING TITLE
A quiet title lawsuit is a means of establishing proper ownership of real estate. Aside from establishing correct ownership, a quiet title action ensures the correct owner has clear title that is not subject to liens or levies from third parties. A quiet title action is commonly utilized when real estate has previously been subject…
Read MoreCan an Attorney Help Me Sell My Property?
It is customary practice for home and commercial real estate owners in Indiana and Michigan to utilize a real estate agent to sell their property. However, many real estate owners who intend to sell their property directly to another individual (and not list the property publicly) utilize the service of an attorney. Real estate attorneys…
Read MoreSupreme Court Rules For Residential Landlords
In response to the coronavirus pandemic, the Center for Disease Control (“CDC”) issued a moratorium on residential evictions for non-payment of rent in mid-2020. The CDC’s moratorium prevented residential landlords from evicting tenants who failed to pay rent if the tenant executed a short “tenant declaration”. Landlords were still able to evict tenants who violated…
Read MoreEvictions in the Time of COVID-19
2020 has been a turbulent year for landlords. In the Spring, Indiana Governor Eric Holcomb issued a statewide moratorium on evictions due to the COVID-19 pandemic. Governor Holcomb’s moratorium was lifted late this summer. It seemed evictions proceedings would return to normal with no stays/prohibitions in place. However, this period was short lived. The Center…
Read MoreReal Estate Seller’s Disclosure Statements: Honesty is the Best Policy
Selling or buying a home is a major life decision. The decision involves planning, stress, and money. Buying a home will be the biggest purchase most people make in their life. While many buyers will walk through a home once or twice prior to purchasing the home, buying a home comes with many unknowns. Do…
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