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Check out my guest contribution article with Telios Law. I am grateful to Telios Law for the opportunity. https://lnkd.in/gda3XdmR

Litigating and arguing matters before the trial court brings its own charm and challenge and gives immense confidence when these arguments result in securing a win for clients. Delighted to have secured eviction orders against tenants squatting over a pricey commercial property in Delhi. These tenancies, going back to almost 40 years, stood at a meagre rental amount of Rs. 125 per month. Our clients had a bonafide requirement of opening an automobile workshop at the property when it was purchased but due to the tenants not vacating, this property could not be used in a commercially viable manner. The trial court dismissed the tenant's leave to defend application under the Delhi Rent Control Act and passed eviction orders while observing the following points in our favour: - Court has to presume the property owner's requirement as genuine and bonafide. - Heavy burden lies on the tenant to prove that the requirement of the landlord is not genuine. - Once the landlord has stated that he requires the tenanted property for a particular use, the courts are required to belief the same unless it is shown by the tenant that the requirement is fanciful or whimsical. - The landlord has every right to expand the business and the tenant cannot dictate the landlord as to how he shall expand his business. - In case of a family owned business, corporate veil is lifted and the owners and the company are a single juristic entity, for the purpose of securing eviction orders. - Landlord cannot be expected to use a rented property and allow the unauthorised occupation of the tenant. Ably supported by Satyam Bhatia in securing this win.

DATE YOUR PROPERTY, LAND/BUILDING PURCHASE DOCUMENTS IN FULL Dating your document of ownership is as important as making the document. The transaction takes effect from the date written on the document. Where no date is reflected on the document, the transaction has not come to force, and you cannot enforce something that has not come to life. So always indicate on it the date the transaction was made. A document without a date has no value in law. It is a lifeless venture with no effect. Beware. When your Property Lawyer makes the title documents, be sure that at the point of signing you insert a date. The absence of a date will deprive the document and the transaction of validity. Don't suffer for something as little as having an undated document. Not writing dates in full in can have a lot of downsides. It has no advantage. Avoid it at all cost. Using abbreviated dates can lead to ambiguity, especially in international contexts where date formats vary. For example, 02/03/24 could mean February 3rd, 2024, or March 2nd, 2024, depending on the region. Readers may misinterpret abbreviated dates, leading to avoidable arguments as to the actual date referred to. Using abbreviated dates may create costly ambiguity that could be exploited by your opponent in legal matters or contracts. While abbreviating dates may seem convenient, it can introduce complexity. It's advisable to use the full format (e.g., 21st February, 2024. Don't sabotage your property, investment or business interests.

DATE YOUR PROPERTY, LAND/BUILDING PURCHASE DOCUMENTS IN FULL Dating your document of ownership is as important as making the document. The transaction takes effect from the date written on the document. Where no date is reflected on the document, the transaction has not come to force, and you cannot enforce something that has not come to life. So always indicate on it the date the transaction was made. A document without a date has no value in law. It is a lifeless venture with no effect. Beware. When your Property Lawyer makes the title documents, be sure that at the point of signing you insert a date. The absence of a date will deprive the document and the transaction of validity. Don't suffer for something as little as having an undated document. Not writing dates in full in can have a lot of downsides. It has no advantage. Avoid it at all cost. Using abbreviated dates can lead to ambiguity, especially in international contexts where date formats vary. For example, 02/03/24 could mean February 3rd, 2024, or March 2nd, 2024, depending on the region. Readers may misinterpret abbreviated dates, leading to avoidable arguments as to the actual date referred to. Using abbreviated dates may create costly ambiguity that could be exploited by your opponent in legal matters or contracts. While abbreviating dates may seem convenient, it can introduce complexity. It's advisable to use the full format (e.g., 21st February, 2024. Don't sabotage your property, investment or business interests.

I love how Anders Bengtson is able to help a business owner who's #personalidentify has become the business, and vice versa...#transformlives, #buildcashcows, #improvequalityoflife

In my latest article, I shed some light on the nuanced voetstoots principle. In it, I discuss the recent judgment in GORTZEN AND ANOTHER V MOOLMAN (A3022-2021) [2024] ZAGPJHC 185 (28 FEBRUARY 2024), emphasizing the importance of transparency and thorough inspection in real estate deals. Read it here ➡ https://lnkd.in/drHFJAVA Discover how the voetstoots clause operates and why it's crucial for both buyers and sellers to understand their obligations, especially regarding the disclosure of latent defects. The case of Gortzen v Moolman highlights the importance of honesty and diligence in property transactions. Let's prioritise transparency and integrity to ensure fair dealings in real estate. #voetstoots #law #propertylaw #realestate

Selling your property? We've got you covered! HCP Lawyers has put together a comprehensive Property Sellers Guide to help you understand each step and make informed decisions with confidence. From preparing your property for sale to understanding the legal process, this guide is designed to provide clarity and peace of mind. Whether you’re a first-time seller or a seasoned pro, our guide has something for everyone. Check out the guide here 👉 https://lnkd.in/dqTN5yab At HCP Lawyers, we’re committed to making your property transaction as smooth and stress-free as possible. #PropertySellersGuide #PropertyLaw #Conveyancing #NewcastleLawyers #RealEstate #HCPLawyers

If you are looking to sell your business it is important to seek advice and help from an experienced solicitor Every business is unique and there are multiple reasons why business owners might want to sell their company – from lifestyle changes and retirement through to financial challenges. Regardless of the reasons for your decision to sell, HLF Berry LLP can help you navigate the processes involved with selling a business. https://lnkd.in/ejsNRznP #Solicitor #SellingBusiness #Chorlton #Manchester #Failsworth #Lawyer #CommercialLawyer #CommercialSolicitor #BusinessSale

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

Two friends are excited to invest their money to set up a Real Estate Firm. They have become partners. The business name has been registered and they are about to open a business account. In fact, the reason they are yet to happen the account is because one of the documents required is a SCUML certificate and they are yet to get it. They are buddies and are relying on the trust they have for each other to pull through. What should they ought to do better to safeguard their interests? ANSWER: As much as verbal agreements are convenient and their history of friendship should not be downplayed., They are not enough to safeguard their interests. Both parties are vulnerable in case of any breach. Humans are prone to disagreements. Statements can be miscommunicated, misunderstood or misinterpreted. Unforeseen circumstances can arise. So while trust between the parties are valuable, it's essential to formalize the business partnership with a WRITTEN PARTNERSHIP AGREEMENT to mitigate potential risks and protect everyone's interests. I will share a true life story in my next post to drive home the importance of an agreement. So you there wanting to go into that business arrangement, I hope this post is timely and serves as a reminder of what you need to do. Remember, you pay more to solve a problem than to prevent a problem. Hope you got value. Feel free to repost🍀 Follow me Oluwatosin E. Isaac for more question and answer on legal stuff. There is a lot you can learn.