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To force the sale of shared real estate through the court in Ontario, you would typically undertake the following steps: 1. Legal Representation: It’s advisable to hire a lawyer who specializes in real estate or civil litigation to guide you through the process. 2. Filing an Application: Your lawyer will file an application for partition or sale in the Superior Court of Justice. This legal document will state your interest in the property and the reasons why you believe the property should be sold. 3. Serving the Application: The application must be served to all other owners of the property and any other interested parties, such as creditors who have liens on the property. 4. Court Proceedings: If the other co-owners contest the sale, you will have to present your case in court. The judge will consider all arguments and evidence presented by all parties. 5. Court Order: If the court decides that the property should be sold, it will issue an order for sale. The court may also provide instructions on how the sale should be conducted and how the proceeds should be divided. 6. Sale of the Property: The property is then sold according to the court’s orders. This might involve hiring a real estate agent to handle the sale, or in some cases, the court might appoint a trustee to oversee the process. 7. Distribution of Proceeds: After the sale, the proceeds are distributed among the owners according to their shares in the property or as directed by the court. This process can be complex and time-consuming, so it’s important to have a clear understanding of the legal implications and a strong legal representation to navigate the potential challenges.

Material information (MI), misrepresentation and The Law Society (Society) Because of decisions made by the Society concerning MI without the authority of its members, property lawyers must now become experts in the law relating to misrepresentation (Misrep). Some key cases 1 William Sindall plc v Cambridgeshire County Council [1993] (Sindall) 2 Morgan v Pooley [2010] EWHC 2447 (QB) (Morgan) 3 Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch) (Rosser) Sindall Land was bought for development, but the buyer discovered a drainage pipe blocking development. The pipe’s existence had not been disclosed to the buyer because its existence was not known to the seller. Held: Under the conditions of sale then applicable, it was the buyer who took the risk of there being unknown easements. The court clarified that a seller was not liable for damages for misrepresentation if he had taken reasonable steps to make known to the Buyer what he knew. Morgan Mr and Mrs Morgan (Buyers) agreed to buy a property from Mr and Mrs Pooley (Sellers) for £1,660,000. Buyers claimed damages for misrepresentation and/or breach of contract because they were not informed about the existence of a planning application. Issues included: 1 Whether the Sellers were liable to pay the Buyers compensation by clauses 7.1.1 and 7.1.2 of the Standard Conditions? If so, what compensation was payable? 2 Were the Buyers entitled to any further consequential loss? 3 Did the 'non-reliance clause' satisfy the test of 'reasonableness' by section 3 of the Misrepresentation Act 1967 (Act)? The claim failed Rosser A reply to an enquiry on planning issues was held to amount to an 'innocent misrepresentation' even though there was no suggestion of wrongdoing by the Seller. Some Misrep takeaways for property lawyers: 1 Property lawyers are advised to read the above cases 2 The Act is clumsily written. 3 Different types of Misrep have different consequences in terms of remedies. 4 A buyer wanting to claim Misrep must move quickly; especially if seeking rescission. 5 In a 'contractual' claim for Misrep a buyer does NOT have to prove reliance by a Buyer on a seller's statement. 6 Property lawyers should advise a seller not to make ANY written statements, without such statements being checked by a property lawyer first. 7 Examine carefully what is being said in written replies. What answer for instance should be given to a question, which should not be answered in a binary fashion? 8 In one case where a dominant owner had the benefit of a right of way over a property including its 'licensees' this expression included members of the public a fact unappreciated by the seller's lawyer. 9 Bearing in mind the consumer protection/regulatory straitjacket constraining property lawyers how do they even begin to protect themselves against the increased exposure to negligence claims in light of MI? What on earth was the Law Society thinking in agreeing to MI? #VoteofNoConfidence

Namastey start-ups, running businesses, I advocate shweta have a proposal for you. PLEASE HAVE A LOOK AT MY BROCHURE ••As a start up business or running businesses deal with many kinds of legal issues and pay large amounts to a single Advocate/Lawyer or CA which terms into their financial loss. Where a single person cannot handle a large amount of legal work, hence it becomes complicated and confusing. Then what is the affordable and easy way to deal with? • The retainership collaboration with Law Firm where your business gets a team of Advocates and CA in one time payment (monthly) for all the legal work - tax, copyright, registration, policies, contact, contract e.t.c • How it works? It is totally in favour of the client that till when and in what amount (price) he want to do retainership with us. The terms of collaboration are kept by client only. • After the payment, you become tension free about the legal work. It becomes our responsibility to do everything in time. • After payment - you don't need to pay extra for anything. Every legal work comes under that payment only. This is most affordable and beneficial for any business where you get tension free. For any assistance you can contact us - 8287263495 Regards, Legal Brats Law firm Team head, Advocate Mohit bedi Advocate shweta DELHI HIGH COURT

The Law Offices of Samantha K. Wolfe, LLC will often get questions by clients or folks in general about Estate Planning and how to handle a situation. We recently received a question from someone that wanted to know "What if I want to create a business?" There are a lot of different steps that you need to complete to start a business. The first thing you want to do is ensure the name you are going to be using for your business name is available in Pennsylvania. You check the availability of a name in Pennsylvania by visiting the Pennsylvania Department of State website. The Department of State website allows you to search a name on through its name database. To the extent the name is not available, you need to consider either picking a different name or you can get consent to use the name if someone is already using that name. Otherwise, you want to pick a name that no one else has. You want to submit the Articles of Incorporation for a corporation. You would want to submit the Certificate of Organization if it’s going to be a limited liability company. You want to submit a Certification of Partnership, if it’s going to be a general partnership or a limited partnership. If you are just going to be a sole proprietor and you want to reserve the name, you can do that by reserving a fictitious name so that no one else can use that. The good news is the Department of State website is easy to navigate and it does have the ability to access all of the forms that you would need to file in order to create your entity. At our office we do use the online filing system so if we do have a client who wants to start a business, the good news is that we can file the appropriate paperwork for them online and immediately send it to the Department of State for approval. There typically is a filing fee depending on what type of entity you’re creating, so you always have to submit that filing fee. If you have a legal question about estate planning or estate administration, please feel free to submit them to meek@skwlawoffice.com, by text to (717) 655-2676, or submit them via our website at www.skwlawoffice.com.

Imagine running a successful organization for over 30 years, only to find out that a single clause buried deep in your lease agreement could cost you everything. This is exactly what happened to one of my clients. They had been leasing their space from the same landlord for decades without ever having a lawyer review their lease. It was routine, or so they thought. But then, the property was sold to a new landlord, and everything changed. The new landlord doubled their rent and invoked a termination clause that allowed them to kick the tenant out with only 30 days’ notice. My client was shocked and they wanted to fight it. They had no idea that such a clause even existed. When they finally reached out to me, I found the clause right away. It was clear as day—a termination clause entirely in favor of the landlord. I helped them secure an injunction to stop the termination temporarily, giving them another year at the current rent. But the damage was done—they had to pay thousands in legal fees, and even with the extra year, the situation was only delayed, not resolved. Timely legal guidance could have caught that clause and the terms could have been renegotiated with the original landlord. Now, they are stuck with legal bills and a ticking clock on their lease. 30 years of investing into a location is taken away from them and this process derails their business and personal life. Clients see the upfront cost of legal services and think, “I’ll deal with it later.” But that “later” often comes with much higher costs—both financial and emotional. Or many clients wait too long because they think they can handle things on their own. Be proactive and ensure your legal agreements are airtight from the start. A quick consultation with a lawyer can save you from much bigger problems down the road.

General provisions of the #Civil #Code and claims of a company whose logo or business name has been violated - analysis When considering infringement of a company's logo or name in light of the provisions of the Civil Code , it is necessary to analyze in detail the claims to which the company is entitled and the legal grounds on which they can be based. The company's logo and name are elements of the designation that individualizes the entrepreneur on the market, which is reflected in the provisions on the protection of personal rights and the right to a company. 1. Protection of entrepreneur's personal rights Article 43 of the Civil Code states that the provisions on the protection of personal rights of natural persons shall apply accordingly to legal persons. In the case of enterprises, personal rights include elements allowing for the identification of the entrepreneur, including the company name and logo as part of the company designation.

The Difference Between Being Employed and Self-Employed as a Lawyer. It’s not just about income. It’s about ownership. When you’re employed by a firm, you’re renting your career. The clients you bring in? They belong to the firm. The relationships you build? They benefit the firm. Every billable hour? It grows the firm, not you. But when you’re self-employed, everything changes. The clients are yours. The referrals are yours. The relationships you nurture and the reputation you build? They all come back to you. Here’s the real difference: Control over your future: As an employee, you rely on the firm for your work and your worth. But as a self-employed lawyer, you’re the one in control. Every effort you put into business development and client care directly benefits you. Compounding growth: When a client trusts you, they don’t just come back for their next legal issue. They send referrals, recommend you to their network, and become long-term advocates of you. Over time, this snowballs into a practice that grows itself. Freedom to choose your path: Want to focus on an area of law you’re passionate about? As a self-employed lawyer, you decide what cases to take, which clients to work with, and how to build your practice. Imagine owning your future instead of renting it. Every relationship you build today, every client you serve, and every problem you solve becomes an investment in your career, not the firm’s. So, ask yourself: Are you building someone else’s empire or is it time to start building your own? If you’re not quite ready to make the leap, let’s make aplan about how you can transition from employed to self-employed with less risk and more reward than you might think. Book an Appointment Today.

Topic 3 in "How Estates Affect Real Estate Closings" with determining heirs or beneficiaries of the decendent. It is necessary to identify heirs and whether they are married. The post How Estates Effect Real Estate Closings – Topic 3: Determining Heirs appeared first on Greensboro Attorneys | Business Law, Estate Planning, Employment Law .

DISCHARGE BY LAPSE OF TIME: The Limitation Act lays down that a contract should be performed within a specified period, called period of limitation. If it is not performed, and if no action is taken by the promisee within the period of limitation, he is deprived of his remedy at law. A contract can be discharged by lapse of time when the promisor fails to perform their duties within the specified time period, and the promisee does not take action within that time. This is also known as the period of limitation. #contracts #business #entrepreneur #realestate #freelancer #law #lawyer #legos #legendary #championoftarsis #legal #smallbusiness #womenbusiness #contract #realtor #strongholds #attorney Best Regards, Kunal Tiwari B.A. LL.B(2023-28) SOCIAL WORKER

[IN LEGALBRIEF TODAY CASE LAW BRIEFS] THE ESTATE AGENT WHO IS THE EFFECTIVE CAUSE OF A PROPERTY SALE IS ENTITLED TO THE AGENT’S COMMISSION In City and Atlantic Real Estate v Smith and Others, the Western Cape High Court held that, on the facts, the estate agent who had introduced the buyer to the seller was the effective cause of the sale and therefore entitled to the estate agent’s commission, despite a second agency having finalised the sale. RE/MAX and Kapstadt estate agents had obtained a joint mandate to sell the property. RE/MAX introduced Mr. Pears to the property, arranging multiple viewings. Negotiations failed. Negotiations with another potential buyer (introduced by Kapstadt) also fell through. Subsequently, Pears purchased the property through Kapstadt. RE/MAX claimed the agent’s commission, while Kapstadt opposed their claim. The court held that the test was who was the effective cause of the sale, applying the ‘but for’ test set out in in Wakefields Real Estate (Pty) Ltd v Attree. The court noted that case law consistently supported the principle that the first agent's introduction usually remains the effective cause of the sale, even when a second agent concludes the transaction. Read the summary (subscribers only) or view the judgment. Summary: https://bit.ly/3DOEYBd Judgment: https://bit.ly/3BSzLYw