Standard real estate brokerage contracts generally stipulate the obligation for the seller to pay a commission to the broker in the event that an agreement for the sale of the property occurs during the term of the brokerage contract or where the seller voluntarily prevents the free performance of the contract. It is not unusual, even in the absence of an actual sale, that real estate brokers claim the payment of the commission stipulated in the brokerage contract ...
For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for something above and beyond the amounts loaned and repaid is a scary one for lenders (and ultimately should be a scary one for anyone who may need to borrow money in the future) ...
Michigan vs. EPA, the Supreme Court continues to curtail EPA’s ability to regulate emissions from power plants by limiting the deference the Court will grant EPA on issues of statutory construction. In the 5 to 4 decision, authored by Justice Scalia and joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, the Court held that EPA’s air toxic standards for regulating mercury emissions from coal fired power plants were “unreasonable ...
Last June 10, the Autorité des marchés financiers (AMF) announced that the floor amount for obtaining a public contract dealing with services without its prior authorization would be reduced to $1 million ...
On May 23rd, Governor Abbott signed SB 709, fundamentally changing Texas’s contested hearing process for environmental permits. Effective September 1, SB 709 requires the Texas Commission on Environmental Quality to adopt rules implementing its changes by no later than January 1, 2016 and to provide notice before then that these changes apply to applications filed after September 1 ...
The possibility of buying real estate rests normally on the capacity of an individual or company to acquire debt, reason why credit entities play an essential role in the success of the real estate market. Lately, we have noticed that in addition to the traditional loan guaranteed by a mortgage, there is an offer for loans guaranteed by a security trust ...
To allow for adequate planning, the Quebec government phased in the coming into force of certain regulatory amendments on building safety that were adopted in the past few years. These new standards were previously discussed in bulletin Nos. 6 and 9, issued in April 2013 and June 2014 respectively, of our Lavery Real Estate and Construction series. This newsletter serves as a brief reminder of the most imminent deadlines ...
Growth of the real estate industry in Panama is evident everywhere. Skyscrapers that could very well be found in large cities such as Singapore, Hong Kong or Miami, rise proud in former residential and colonial areas of Panama city. Panama’s architectural identity is driven by important local and international architects, and symbolic buildings such as the Biodiversity Museum and the F&F Tower, also known as ‘the Screw’ ...
On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of theCivil Code of Québeccan be invoked to have the sale annulled or to obtain a reimbursement of part of the purchase price. The recent decision of the Superior Court inDe La Ov.Sasson1is instructive in two respects ...
ON FEBRUARY 19, 2015, THE COURT OF APPEAL OF QUEBEC1OVERTURNED A JUDGMENT RENDERED BY THE SUPERIOR COURT2, ON JULY 12, 2013, WHICH GRANTED THE DEFENDANTS’ MOTION TO DISMISS. ESSENTIALLY, THE COURT HAD TO DETERMINE WHETHER COVERAGE UNDER A BUILDER’S RISK INSURANCE POLICY EXTENDS TO DAMAGE CAUSED BY THE WORK TO AN EXISTING STRUCTURE, OR WHETHER IT IS LIMITED TO THE SITE ON WHICH THE WORK IS BEING DONE ...
“Waters of the United States” or “WOTUS” in the esoteric taxonomy of the Clean Water Act (“CWA”), is a term with which many are becoming increasingly familiar. This deceptively simple phrase is anything but simple in its application. The oil and gas industry is increasingly experiencing the U.S. Environmental Protection Agency’s (“EPA”) proclivity finding CWA jurisdiction through WOTUS interpretation. New proposed regulatory language issued by the EPA and the U.S ...
This guide provides general commentary and direction to prospective purchasers of property in the BVI. It is not a substitute for professional advice which will take account of individual specific circumstances, and should not be taken as legal advice. No responsibility can be accepted by O’Neal Webster for any loss occasioned by a person or organisation acting or refraining from acting on the basis of this information ...
On March 4, 2015 the Official Daily of the Mexican Federation published the Regulations to the Law on Navigation and Maritime Commerce, which regulates the activities of the Merchant Maritime Authority and the activities of the persons that participate in maritime and port matters provided by the Law on Navigation and Maritime Commerce. Said Regulations are effective 30 calendar days after its publication in the Daily of reference, that is, on April 3, 2015 ...
On February 11, 2015, Supreme Decree No. 2264 was enacted to establish the Productive Development Bank, as the entity in charge of recording unconventional collateral offered by productive entities. This will allow rural and non-rural producers to gain access to productive credit that had previously been inaccessible because of a lack of conventional collateral. Newly enacted regulation, set forth by Supreme Decree No. 2264 (“S.D ...
Recent publicity surrounding the exclusion or divestiture of stocks in carbon-intensive industries shows that leading investors are reviewing the financial risks (and opportunities) associated with climate change. However, with debate on climate change often pitched around ideological poles, many superannuation fund trustees are struggling to translate these developments into prudent governance practice, consistent with their statutory and general law duties ...
On December 20, 2013 it was published in the Official Daily of the Federation the Executive Order that amends and adds various provisions of the Political Constitution of the United Mexican States, in the Area of Energy ...
On 8 December 2014, the Serbian Parliament passed the law on Amendments and Supplements to the Law on Planning and Construction (“the Law”). Here are some of the most important novelties: Conversion - The concept of conversion continues to exist under the term “transformation of right of use into the right of ownership of construction land” ...
On 6 May 2014, the Governor of the Jakarta Special Capital Region (Governor) issued Regulation No. 68 of 2014 on Guidelines for Granting Construction Services Licenses (Regulation 68). Regulation 68 repeals and replaces Regulation No. 47 of 2008 and this has been in force since 12 May 2014. Regulation 68 provides a new procedure for obtaining a Construction Services License (Ijin Usaha Jasa Konstruksi or IUJK) from the Governor or Mayors in DKI Jakarta ...
On October 31, 2014, the U.S. Environmental Protection Agency (EPA) finalized its approval for the State of Texas to issue greenhouse gas (GHG) permits for new and modified facilities. In response to legislation enacted in the 2013 Texas Legislative session, the Texas Commission on Environmental Quality (TCEQ) had submitted a state implementation plan to replace the existing federal program with TCEQ-issued GHG permits ...
More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. In response to citizen concerns, the Texas House Committee on Energy Resources created a Subcommittee on Seismic Activity, to investigate whether there was a link between earthquakes and increased oil and gas production and disposal wells ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act ...
More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...
Environmental laws should not be understood as a limit to economic growth and development but as a crucial part of economy: the wise use of natural resources means greater benefit from raw materials and lower costs for inputs. At the same time, the quality of life for Brazilian citizens should be enhanced by an effective program of environmental sustainability ...
More and more “shops in a shop” are appearing on the retail landscape. They can be organised as a truly separate shop or just a display of specific brand products amongst the other products, be it in shopping centres, department stores or just regular shops allocating some square meters to another (complimentary) brand. Regularly, parties to the contractual documentation for such a “shop in a shop” do not always expressly apply the provisions of the Law on Commercial Leases ...
