Commercial Real Estate
A Contractor’s Guide to the Indiana Home Improvement Contracts Act (HICA)
If you’re a contractor performing residential work in Indiana, the Indiana Home Improvement Contracts Act (HICA) isn’t optional reading. Compliance with the statute is mandatory pursuant to Indiana Law. The statute is designed to protect homeowners, but in practice it also protects contractors who follow it by creating clear expectations, reducing disputes, setting expectations, and…
Read MoreBuilding Community from the Ground Up: Understanding Condominium Associations in Indiana
In Indiana, condominium associations are on the rise and have become a common structure in modern residential developments. A condominium represents a unique form of property ownership, one in which individuals own their specific units while sharing ownership of common elements such as lobbies, fitness centers, pools, and landscaped areas. The responsibility for maintaining and…
Read MoreOpinion Letters in Michigan Commercial Transactions
In Michigan commercial transactions, legal opinion letters play a critical role in managing risk, facilitating deal execution, and providing assurance to lenders, investors, and other transaction parties. An opinion letter—sometimes called a legal opinion—is a formal written statement by a party’s legal counsel addressing state specific legal matters relevant to a transaction. While often viewed…
Read MoreUnderstanding the Difference Between Easements and Encroachment Agreements Under Indiana Law
When dealing with property rights, it is essential to understand the legal tools available to address access, use, and boundary issues. Two common mechanisms are easements and encroachment agreements. Easements and encroachment agreements are two distinct legal tools that property owners in Indiana often encounter when addressing issues related to land use and boundaries. While…
Read MoreUnderstanding the Michigan Condominium Association Lien and Foreclosure Process
Timely payment of condominium assessments is essential to the operation of any condominium association. When a co-owner fails to pay, the association must take action to collect the amounts owed. One of the most common tools used to collect unpaid condominium assessments is to place a lien on the co-owner’s unit. In Michigan, this process…
Read MoreIndiana 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…
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