What Is A Real Estate Option Agreement?

May 31st, 2008 MarkWarner Posted in Legal No Comments »

If you are a sports fan, you have likely heard of option agreements as part of a professional athletes’ contract with his or her current team. The world of real estate has option agreements, as well. They are very common agreements that allow for someone to essentially place a reservation on a piece of property. They have the option of buying it if they want or allowing someone else to swoop in and buy it if they like. Let’s take a look at an average real estate option agreement and see if they are the right thing for you.

While a real estate option agreement may sound complicated, it is actually a very simple legal agreement. What an agreement like this means is that a buyer is paying the seller for the exclusive right to buy a piece of property from the seller for a predetermined price for a predetermined amount of time. It is essentially like a reservation for a hotel room or a fine meal, except it is for a piece of property. The seller, on the other hand, has no legal responsibility to sell the property to the person taking out the option agreement, nor do they have to stop shopping around or even going through with a sale with another party. The option agreement simply allows a prospective buyer the chance to buy the property at a fixed rate for a fixed period of time.

Real estate option agreements are very common, especially when real estate is being bought and sold in a volatile or extremely competitive market. As anyone who has ever looked to buy real estate can tell you, depending on the particular climate in that area, prices can soar and dive in a matter of weeks. While there is a cost involved with getting a real estate option agreement, many people would agree that paying the money to get one is worth it to lock in a price on a hot piece of property. Getting a real estate option agreement allows a prospective buyer a chance to sit back and really analyze if they want to go through with a purchase at a set price instead of wondering what the price is going to do over the next days, weeks or months.

The average real estate option agreement is fairly straight forward and simple to fill out. Even with all of the usual legal jargon associated with binding legal agreements, the average real estate option contract is only a few pages long. The contract will outline where the property is that is being optioned, the price of the option, the price paid to the seller for the option and then the general information about the seller and the person buying the option. Most contracts such as these can be downloaded off of the Internet for free or for a low price depending on what state you are located in. A real estate option agreement is a pretty straight ahead legal agreement.

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com

AddThis Social Bookmark Button

What Is A Real Estate Right Of Refusal Agreement?

May 31st, 2008 MarkWarner Posted in Legal No Comments »

It is no secret that the world of real estate legal wrangling can be pretty confusing, especially if you aren’t an experienced legal expert. Many different types of contracts only differ by a small amount, such as the difference between a real estate option contract and a right of first refusal contract. Let’s take a look at how these two types of contracts differ and how each are valuable tools when you want to make the real estate deal of a lifetime.

First, let’s look at a real estate option agreement. When you sign a real estate option, you are paying a seller for the right to buy a particular piece of property for a particular set price for a set period of time. Let’s say that you are looking at a home in a hot neighborhood and the price being asked for the home keeps going up because of a bidding war. You can ask to create a real estate option that will allow you to pay a certain price for that home for the next 3 weeks. After that three weeks has expired, you lose the right to buy that home for that set price. The seller is under no legal binding agreement to sell you the home for that price and the seller can continue to try to sell the home to other buyers.

Now, with a right of first refusal agreement, you have the legal right to refuse another person’s attempt to buy a piece of property. Many people confuse the two of these contracts and assume that the right of first refusal comes with an option contract. Unless you have the right of first refusal spelled out in your option contract, you have to assume that you do not have any way to stop another party from coming in and buying a piece of property that you want.

When you have a right of first refusal contact with a seller, you have the option to buy a piece of property for the same price as another buyer. Let’s say that same home that is in that hot neighborhood gets a bid of one million dollars. You then have the right to cancel out that bid and place a bid for the same amount and the seller would then sell the home to you, instead. If you decline your right of first refusal, than the seller has the legal right to sell the home to that person who made the bid.

A seller may enter into a right of first refusal with a buyer if they had a previous working relationship and the seller wishes to give a friend a chance to pay market price for a property. It is a smart way to avoid any accusations of impropriety when it comes to selling a valuable piece of land because the price the property ends up being sold at is determined by the free market, not by any sort of collusion.

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com

AddThis Social Bookmark Button

Drafting 101 — A Lawyer’s Guide To Drafting An Enforceable Promissory Note

May 31st, 2008 MarkWarner Posted in Legal No Comments »

In it simplest terms, a promissory note is a written promise to repay a loan or debt under specific terms - usually at a stated time, through a specified series of payments, or upon demand. A promissory note will clearly identify the parties, the amount of the obligation, and if necessary, the consideration for the obligation, that is, what the debtor has already received or will receive in return for signing the note. The note will also include the terms of repayment, whether that be in one lump sum or at stated intervals, and, if applicable, the interest rate which will apply. It may also include an “acceleration clause” which will make the entire amount of the note due if a payment is missed.

What follows is a specific guide to drafting key provisions found in most promissory notes.

Paragraph 1: Identifies the Parties, Sum, and the Repayment Terms

The first paragraph of a typical promissory note should begin by listing the parties involved (promissor and promissee), the sum demanded, and the date when or intervals at which the sum must be repaid. The first paragraph may also include the consideration for the debt. This can be a general provision such as “for value received”, or could spell out the services or goods that were the subject of the note, if applicable (i.e. legal services, medical services, etc.).

For example, the first paragraph of a typical promissory note might read:

“For value received, John Doe, on behalf of himself, individually, promises to pay to Jane Smith & Associates, Inc., without offset, the principal sum of $3,500.00, on or before the 15th day of June, 2008, for technology consulting services rendered to the undersigned, that remain unpaid to April 31, 2008.”

A demand promissory note is a variation of a promissory note which calls for the payment of the sum “on demand” by the promissee, as opposed to calling for payment on a certain date or at certain intervals. The first paragraph of a demand promissory note might be drafted to read:

“For value received, John Doe, on behalf of himself individually promises to pay to Jane Smith & Associates, Inc., without offset, on demand, the principal sum of $3,500.00, for technology consulting services rendered to the undersigned, that remain unpaid to April 31, 2008.” [Italics Mine.]

Paragraph 2: Interest rate

The second paragraph might list the interest rate involved. For instance:

“No interest shall be charged unless there is a default, in which event interest will be charged at the rate of 7% per annum.”

Paragraph 3: Waiver of Protest and Agreement to Pay Collection Costs

The note should include a provision whereby the promissor acknowledges and waives his right to protest the note. This provision might read:

“The Undersigned hereby waives diligence, presentment, protest, and notice of every kind. In the event a default occurs and this note is placed in the hands of an attorney for collection, the Undersigned promises to pay reasonable attorney’s fees and costs in the collection of this note whether or not suit is commenced or judgment is entered.”

Paragraph 4: Applicable Law

The note should be drafted to address the applicable law.

“This note is subject to and will be interpreted by California State law and the Undersigned agrees that California is a convenient forum for all disputes that may arise hereunder and that California courts shall have exclusive jurisdiction over any dispute hereunder.”

Paragraph 5. Modifications

“This promissory note may not be modified orally and may only be modified in writing.”

Paragraph 6: Release of all Claims

A promissory note will typically include a release of all claims provision, for example:

“The payment of this promissory note is the consideration for technology consulting services already provided by Jane Smith & Associates, Inc., and all claims held by Jane Smith shall be waived and released upon full tender of payment under the terms of this note.”

Finally, be sure to include signature lines for all parties involved in the transaction.

Mark Warner is a Legal Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents drafted by the top law firms in the US. Search over 10 million Documents, Clauses, and Legal Agreements for Free at http://www.RealDealDocs.com

AddThis Social Bookmark Button

How To Get A US Patent

May 30th, 2008 GarryNeale Posted in Legal No Comments »

A U.S. patent is necessary to protect your rights if you have invented a unique product or come up with a new idea. A patent grants property rights to an inventor, and is issued by the U.S. Patent and Trademark Office. The purpose of filing a patent is to stop others from reproducing and selling your product to make a profit.

If you want to know how to get a patent, there are many websites online that describe the process in great detail, however, there are a few main requirements. The U.S. Patent and Trademark Office states that to qualify the item you are inventing has to be completely unique. In other words, it can’t be something that already exists in the field of the invention or that is anticipated for the near future.

When searching for information on how to patent an idea, remember that the invention also has to be useful in some way. The invention must be entirely new as well - something that has never been seen before.

If you’re wondering how to patent an idea, it’s the same process as for an actual invention. There are several types of patents, so you’ll have to figure out which one fits best with the product you have invented. Utility and design patents are the two main types. A utility patent is usually the patent of choice because in most cases it offers the best protection. Design patents only cover the actual appearance of an invention, which is not enough protection for most people.

In your search for information on how to patent an idea, you will learn that utility patents protect a wide range of items, including a product, apparatus, process, system, machinery, and more. When figuring out how to get a one, it’s best to spend your time researching how to protect an idea according to the requirements of this type of patent.

If you’re having trouble wading your way through the endless paperwork required, hiring a patent attorney to help you through the process may be a good idea. This type of attorney has the knowledge and expertise to put together a valid application on your behalf. According to patent law, only the original inventor can file an application and receive a patent, but you can make use of a lawyer to prepare the application. Patent law also prohibits a person from filing an application based on an item someone else has invented.

If you want more patent information before you file, it’s prudent to do a lot of research and read through reliable sources. You can search online for this information or visit your local library to learn more about everything that’s involved with the process.

People with a lot of experience writing patents usually go through the process on their own, however, for most first-timers hiring an attorney to write the claims and edit the application is highly recommended.

To learn more about patents, check out my U.S. Patent Web Site.

AddThis Social Bookmark Button

Road Traffic Accident Advice

May 30th, 2008 HelenCox Posted in Legal No Comments »

A road traffic accident describes any accident that happens on a road or footpath. Road traffic accidents are the cause of an estimated 1.2 million deaths worldwide every year and are said to injury about forty times this number.

Every person who uses the road, whether in a car, motorcycle, van, lorry or as a cyclist or pedestrian has a duty of care to ensure the safety of not only themselves but also the safety of other road users. Due to this you should always ensure that you comply with the Highway Code.

With all personal injury accidents you need to prove that another person was at fault for your injury; you need to prove negligence, which demonstrates that the other road user failed to take responsibility for other road users. If you are a driver who is involved in a road traffic accident there are certain things that you must do; a driver involved in a traffic accident should stop whether or not the accident was their fault if the following apply:

• Anyone, other than themselves, is injured

• Another vehicle, or someone else’s property, is damaged

• An animal in another vehicle or running across the road is injured

• A bollard, street lamp or other item of street furniture is damaged

It is also advised that you take down the names, addresses and telephone numbers of any witnesses to the accident. This is especially important if you are hoping to put in a claim for compensation. You should also always try and photograph the accident scene if possible as this demonstrates exactly how the accident took place. It is important that you gather as much evidence and information that you can at the time of the accident as the more you collect the more chance you have of a successful compensation claim.

In many cases it is obvious that someone caused a road traffic accident and there will be no dispute about liability, however there are often many cases where the liability and cause of the accident is unclear or where the extent of liability is difficult to work out. One thing that is however sure is if a driver runs into the back of another vehicle they will be held responsible for the accident, even if the car in front has braked sharply or unexpectedly, because drivers are required to drive a safe distance behind other vehicles. However, there may be circumstances when this does not apply, and if liability is disputed, legal advice will be necessary unless the insurance company is dealing with it.

Road traffic accidents are one of the most common causes of people putting in claims for compensation. They are sadly the most common type of personal injury accident and if you are unfortunate enough to be caught up in a road traffic accident then it is important that you speak to a lawyer/solicitor immediately if you are hoping to make a claim for compensation but remember you are only eligible for compensation if the accident was caused through no fault of your own.

Helen is the web master of Accident Consult, specialists in all aspects of Road Traffic Accidents.

AddThis Social Bookmark Button

No Win No Fee Compensation Claims

May 30th, 2008 HelenCox Posted in Legal No Comments »

A no win no fee claim, officially known as a conditional fee agreement offers an alternative way to fund litigation and can be used in almost all commercial claims. No win no fee claims or conditional fee agreements have been in place since 1995, however during this time it was limited to a certain range of cases but then thankfully in 1998 no win no fee agreements were extended to include all cases with the exception of family proceedings. This was a welcomed change as it allowed people the opportunity to claim when previously couldn’t.

The conditional fee agreement is an agreement whereby a lawyer and a client can agree to share the risk of the litigation by coming to a financial arrangement surrounding the fees that are payable based on the outcome of the litigation.

No win no fee claims are hugely successful in providing compensation and carry many advantages with one of the main ones being peace of mind that you won’t be worse off if your claim is unsuccessful. Also if your claim is a success you will keep 100% of the compensation that you are awarded with your solicitors fees being paid by the losing party’s insurance. This insurance is known as ‘after event insurance.’ With this insurance you are expected to pay a one off premium and if you lose your insurance company will pay any costs that you owe to your opponent.

With any claim for compensation your case will only be considered if you have suffered injury that was caused through no fault of your own and that has left you with injury that has affected your daily life. It should be noted that compensation will not be paid out for any near misses such as if you were prescribed the wrong drugs by your GP but the pharmacist noticed or if you are suffering a personal injury that does not really affect your life such as a cut on your hand that heals quickly and without the need for medical attention.

Sadly compensation is never a sure thing; just because you have been injured in an accident that wasn’t your fault it doesn’t mean that you will defiantly get accident compensation, no matter how good your lawyer/solicitor may be. In order for your claim to be a success you will need evidence from people such as your doctor who will be able to confirm that your injuries are as a direct result of the accident that you suffered. If your compensation claim is a success the amount of compensation that you receive is based on your actual suffering and not on how much money the opposition has or what the court feels is sufficient punishment.

If you are currently suffering injury or you have suffered injury in the last three years that has affected your life or stopped you from working then it is advised that you seek the help of a personal injury specialist who can help you to claim the compensation that you deserve after an accident that was caused through no fault of your own.

Helen is the web master of Accident Consult, specialists in all aspects of No Win No Fee Claims.

AddThis Social Bookmark Button

Motorcycle Accidents Advice

May 30th, 2008 HelenCox Posted in Legal No Comments »

It has been said that motorcycles represent approximately about 1% of the traffic on our roads in the UK but they account for 18% of all serious deaths and injuries. Motorcyclists are 40 times more likely to be killed in an accident than a car driver. This is why it is highly important that you take extra care as a motorcycle driver and also as another road user where motorcycles are present.

There are five common motorcycle accidents that occur on roads worldwide; these include:

• Bends on country roads

• Collisions at junctions

• Collisions while overtaking

• Loss of control

• Shunts

In order to safely ride a motorcycle you need to be skilled. You need to be able to manoeuvre around corner with the right amount of bend placed on the bike; you also need to be able to adjust your riding in order to deal with different road conditions such as poor whether conditions, spills on the road and pot holes. As well as making sure you are prepared for whatever the road surface has to offer you also need to ensure that your motorcycle is in the best condition, especially the tyres. You need to make sure that your tyres have the correct amount of tread and the correct pressure, remember it is the tyres on the motorcycle that your life depends on.

In recent years there has been an increase in the sales of scooters and motorcycles; however this has sadly been corresponded with an increase in deaths and serious injury of motorcycle riders. This is why it is important that as a motorcyclist you are alert, especially at junctions and roundabouts; you need to be anticipating what other road users are likely to do and always check before completing a manoeuvre. Another important aspect that you need to keep in mind is your positioning within the road. The best and most safe position for a motorcyclist is in the centre of a lane, which is where you should intend to stay until you need to turn; you should then make your way over to the correct side of the lane.

Having an accident on a motorcycle as either the rider or passenger you have the potential of suffering from numerous different injuries such as whiplash, broken bones, tissue damage, multiple trauma, paraplegia and brain damage or even suffering a fatal accident. These merely name a few of the injuries that you may be suffering from after having a motorcycle accident.

If you have had a motorcycle accident in the last three years that has left you suffering from life changing injuries or that has left you facing financial difficulty due to being out of work and facing mounting medical expenses then get in touch with a personal injury specialist today as you may be entitled to make a claim for compensation.

In a successful claim compensation will be awarded for your initial injuries, any medical expenses that you are facing and any loss of earnings that you have suffered since that accident.

Helen is the web master for Accident Consult, experts in all aspects of Motorcycle Accident Compensation.

AddThis Social Bookmark Button

Becoming Involved In A Slip, Trip Or Fall Accident

May 30th, 2008 HelenCox Posted in Legal No Comments »

A slip, trip or fall can happen almost anywhere if there is a wet/slippery surface, uneven flooring or if there are any obstructions on the floor surface. Some of the main reasons that slip, trip or fall accidents occur include the following:

Slip trips or falls on uneven roads and pavements are usually the responsibility of the Local Council as it is their duty to maintain roads and pavements

Shops have the responsibility to ensure that their floors are keep free from any spillage or obstructions which could cause a slip or trip.

Sports centres also have to ensure that customers are safe and free from any spills and hazardous objects.

Public and private places, which include homes are the responsibility of the occupier which means they have a duty to ensure that any visitors are safe.

Work places also have the duty to ensure they maintain heath and safety so their workings are free from any slip trips or falls.

Slip, trip or fall accidents can often seem insignificant when in fact they are often the cause of many serious injuries such as broken and fractured bones, back problems, dislocated shoulders or knees as well as head injury. Any of these could result in you being out of work and losing part of your independence. If you are unfortunate enough to suffer from a slip, trip or fall then it is important that you visit your doctors as soon as you can so that your injuries are documented and you have proof that your injuries are linked to your slip, trip or fall. Also if your slip, trip or fall was caused by a defect that should have been present then you could be entitled to make a claim for compensation.

When we are involved in slip, trip or fall accident, sadly our natural instinct is to move away from the scene as quickly as we can when in fact what we should be doing is staying at the scene to gather some basic evidence such as taking photographs, writing down names and contact details of witnesses. Also if the accident happened in the workplace or in a public place you must report the accident to the manager so that it gets placed in the accident book.

Sadly many people have abused the idea of claiming for compensation after a slip, trip or fall accident meaning that councils in particular couldn’t cope with the amount of people who were attempting to claim for compensation after slip, trip or fall accidents; however in recent times strict guidelines have now been introduced to stop fake compensation claims from being processed. These guidelines, for example are if you do trip over a broken paving slab the council may not be liable if the lip of the crack is under a certain height. Also if the slab was only broken within a specific time period such as the previous 48 hours and you tripped on it, the council could not be expected to have known.

If you have suffered a slip, trip or fall that should have been avoided then it is important that you speak to a professional lawyer/solicitor about whether or not you are able to put a claim in for compensation.

Helen is the web master of Accident Consult, specialists in all aspects of Slip, Trip and Fall Accident Claims.

AddThis Social Bookmark Button

Having An Accident In The Workplace

May 30th, 2008 HelenCox Posted in Legal No Comments »

Sadly every year many people fall victim to accidents that happen within their workplace; accidents that should have been avoided if the correct safety procedures were in place. This is why it is essential that you are familiar with what health and safety is carried out within your workplace. If the correct health and safety isn’t in place you become susceptible to accidents and your employer leaves themselves open to possible court action.

Your employer has a duty of care to protect employees while they are undertaking their job in the workplace. They are obliged to carry out risk assessments within the place of work to ensure safety and they must act on the results of these risk assessments in the correct manner. Decisions such as how many first aiders are needed and what kind of first aid equipment and facilities should be provided are the sort of decisions that need to be made when risk assessments are carried out.

As well as these risk assessments your employer must also provide an accident book to employees. This accident book must be used to record any accidents that occur within the workplace, regardless of how minor they were. The reason why this accident book is so important is that it provides a useful record of exactly what happened in case you need time off work or if you wish to claim for compensation later on. Also recording accidents in this way allows your employer to see what went wrong so that the appropriate action can be taken to stop the accident happening again in the future.

If you do have an accident in the work place you must report the accident to your employer and make a note of what happened in the accident book. You should also check your contract of employment to find out information about sick or accident pay. In serious work related accidents, diseases and dangerous incidents your employer must report them to the Incident Contact Centre of the Health and Safety Executive (HSE), or in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI).

The types of things that your employer must report are as follows:

• Death

• Disease

• Major injuries such as a broken arm or ribs

• Any other injury that stops an employee from doing their normal work for more than three days

• Dangerous incidents such as the collapse of scaffolding or if people are overcome by gas

These aspects must be reported by your employer but if you are the employee who is involved then it is a good idea that you ensure that it has been reported.

It is essential, when it comes to health and safety in the workplace that you cooperate fully with your employer to keep your workplace safe and you must also take responsibility for your own health.

If you have been injured in the workplace, even if your injury is only minor it is highly important that you see a doctor as this way you will have a record of your injuries, which is crucial if you are hoping to make a claim for compensation.

Helen is the web master of Accident Consult, specialists in all aspects of Accidents in the Workplace.

AddThis Social Bookmark Button

Notify Your Employer If You Are Injured While Working In Pennsylvania

May 29th, 2008 RobertS. Posted in Legal No Comments »

Workers who are injured in Pennsylvania, or who are injured outside of Pennsylvania but are entitled to benefits under the Pennsylvania Workers’ Compensation Act, must act promptly to protect their rights. All too often, employees get hurt, then assume that whatever injuries they have suffered will go away, and then decide that they do not have to tell their employers – at least not right away. That is a mistake for various reasons. First, many times what seems like a minor injury will turn out to be far more severe. Second, and most importantly, the law requires a worker to notify his or her employer about a work-related injury.

Under Section 311 of the Pennsylvania Workers’ Compensation Act, an injured worker is required to notice his or her employer that he or she was injured on-the-job within twenty-one (21) days after the injury occurs or, at the latest, within 120 days of the injury. If a worker does not tell his or her employer about the injury within the 120 day period, that individual is not entitled to receive any workers’ compensation benefits – no wage losses and no medical expenses.

Despite having 21 days, or even 120 days, to report an injury, you should not wait at all. Instead, you should report every injury as soon as it happens. Why? Because your employer may not believe you, and think you never got hurt, or that you were hurt somewhere else (like at home), or for some other reason. More important, under the Pennsylvania Workers’ Compensation system, most employers simply notify their insurance companies, which often fight claims because the worker did not tell a supervisor or boss about the injury as soon as it happened. That may not seem fair, and it will be up to a Workers’ Compensation Judge to decide the case, but it still makes it much harder to win benefits to which you are entitled.

What can a lawyer do for you in these situations? First, the Pennsylvania Workers’ Compensation law is very complicated, and there are many rules and regulations that govern everything that happens, including how judges decide cases, etc. Second, insurance companies always hire lawyers, and their lawyers generally handle only workers’ compensation cases, so they know how to fight these cases. Third, these cases can take a long time. In Philadelphia, Bucks, Montgomery, Chester and Delaware counties, for example, cases can take a year or more to be decided by a workers’ compensation judge.

And remember, insurance companies will fight any case if they think they can win (and they fight some that they do not think they will win); plus, they can appeal cases even if they win, which can delay the process even more. As a result, a worker with an on-the-job injury should (1) immediately tell his or her supervisor or boss about the injury, no matter how small it seems, and (2) consult with an attorney so that the worker learns exactly what rights he or she has, and what the injured person needs to do to obtain wage losses and medical expenses, preferably without a lot of litigation.

This Pennsylvania workers’ compensation law tip is provided by the Philadelphia, Bucks, Chester, Delaware and Montgomery County workers’ compensation and personal law office of Attorney Robert S. Waldman, 1800 JFK Blvd., Suite 1500, Philadelphia, Pennsylvania 19103, phone: 215.545.4040, website – http://www.lawonyourside.net, or email rwaldman@lawonyourside.net.

Philadelphia workers’ compensation and personal injury attorney Robert S. Waldman has fought for the rights of injured persons for over 30 years. He concentrates his practice in workers’ compensation, auto accident and other personal injury matters. His website is Law On Your Side.

AddThis Social Bookmark Button