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Buying real estate in Brazil is an extremely attractive proposition given the strength of this emerging market. There are numerous indicators pointing to Brazil as a target for foreign investment and in particular investment in the real estate sector. However, when purchasing real estate in a foreign country such as Brazil it is important that you are aware of the buyer process and in particular the Brazilian legal system. Under Brazilian law a foreigner may purchase real estate within Brazil so long as they respect the laws surrounding real estate investment. Under Brazilian law foreigners are subject to the same laws as Brazilian nationals in relation to real estate ownership. Whilst it is obvious that Brazil intends to attract foreign investors its legal system is extremely bureaucratic and cumbersome. For this reason when investing in Brazil it is essential that as well as using the services of an experienced a Brazilian lawyer that you also understand the overall process and more importantly the potential risks within the Brazilian legal system. If we use the example of a foreigner purchasing and off plan apartment in Fortaleza, we will examine the key steps the buyer will pass through with his Fortaleza lawyer.
Firstly a word of caution. At Investment Services Brazil we have seen several cases of Brazilian lawyers carrying out less than effective for due diligence. This results in the client entering a possible ownership dispute or potentially been the subject of fraud, a crime that is certainly extremely prevalent within Brazil. For this reason the most important first stage of purchasing the apartment in Fortaleza is to select a lawyer (or Advogado) carefully.
Once the purchaser has decided on the apartment they will enter into a contractual sales agreement with the vendor (contratocompra e venda). As with most countries this contract binds both the seller and the purchaser to the sale. It is at the stage that the Fortaleza Advogado would carry out due diligence on the property. Depending on the property type there are numerous due diligence checks that we will cover as the subject of another blog.
Once due diligence is complete the next stage of the sale is to arrange transfer of the property into the purchaser's name. This will include registering a transfer of ownership document with the town hall and updating the master ownership records for the property. At this stage several taxes and notary fees must also be paid by the purchaser. The Fortaleza lawyer who will oversee and administer this entire process on behalf of the real estate investor. Once taxes have been paid and the master records updated, a title document is issued to the buyer. At this stage the property is legally owned by the purchaser. In Brazil law is more ambiguous than developed countries and as such recovering from any legal negligence is extremely slow and difficult. For this reason at Investment Services Brazil we emphasize very strongly the need for precise and thorough due diligence.
The Difference Between Litigation Vs. Mediation
by siena-anstis July 13, 2021
Mediation can resolve disputes between two parties. The conflict can be handled outside of court or while in the process of litigation. I will discuss how mediation can be useful for those in a dispute. Mediation can resolve differences in family law, business disputes, workplace conflicts, probate & estate issues. Mediation has it's own benefits versus litigation for parties in a court case or deciding not to go through court.
These are my point of views when it comes to mediation, or alternative dispute resolution.
People would rather not wait in time. Time can be consumed while going through a litigation process. Months or years can go by before your case is even addressed. During that time unresolved matters pester and effect one another because nothing has been done yet. The usual process goes with talking with your lawyer first who then discusses with the judge and jury which can extend time. It's more direct and simple when going through mediation. The objective is clear and to the point. This process can ensure satisfying resolution. Mediation takes the parties outside of courts and gives them an opportunity to agree to terms efficiently.
People do consider costs. The costs of litigation can be enormous when handling a dispute. Going back to the time issue that can even add onto the costs. When working with a mediator the costs can be decreased significantly from using an lawyer and going through a court. Disputes are usually resolved with signed agreements in a matter of days or even a single session. Compared to using law you can avoid fees and costs when using a mediator.
People favor privacy. Did you know litigated cases become public record? Every word is transcribed and becomes accessible to the public. During a court case, parties can be discourage from telling sensitive or embarrassing information. In a mediation process confidentiality can be addressed. Sharing information with the mediator is allowed and nothing is public.
People want equal control. In litigation, courts have control over outcomes. Individuals may be effected personally. Courts, lawyers and jury usually decides on the schedule and final verdict. With mediation, you can work with the other party where both can address their concerns. An outside party cannot impose on the final outcome and parties can determine a fair solution.
People care about dignity. Parties are often "against each other" when litigation is involved. It is a "win-lose" situation and often one party disagrees with the outcome. Dissatisfaction may be left upon one party. Having mutual respect for one another during mediation is always welcomed. Both sides can work together for a balanced solution. It can be more peaceful and each will feel as if they have respect. Parties are comfortable being able to be heard and resolutions can arise from clear communication.
Mediation has it's advantages over litigation. Whether you are already in a court dispute, or if you have not gone as far as getting a lawyer mediation is never too late to resolve conflict.
by siena-anstis April 13, 2021
As state governments seek to crack down on the number of drunk driving accidents, the standards for sobriety have been increasing. While these laws are publicized, not everyone keeps up with these standards, and some people just go out and drive drunk. When that happens and you get caught, you can expect to go through a series of legal actions that will determine whether you are guilty or not guilty.
One of the first things that always happens in a DUI is the arraignment. For individuals who are new to this process, the arraignment can be rather intimidating. It is not a fun experience, but it is important that you understand what you are dealing with so that you can take the appropriate action.
The Basics of Arraignment
As you can see from the sites LegalZoom reviews, arraignment occurs with almost every single case that goes through the courthouse criminal system. The purpose of the arraignment is to determine how the case will proceed. This is the first time that you will appear with a lawyer, if you choose to have one; and it may also be the time at which your bail is set, depending on the state.
Do You Have to Have an Attorney
Even though this is the most common situation for individuals to have an attorney appear on their behalf, it is not required. You can always get one later. As you can see from the sites LegalZoom reviews, you can easily handle an arraignment on your own so long as you know what you want to do.
Your Options in Arraignment
At arraignment, you have to decide whether you are going to claim guilty or not guilty. The sites LegalZoom reviews strongly recommend pleading not guilty if additional charges or previous charges are about to go into effect unless you have been given a good plea bargain. The other option is to make sure that you speak with an attorney to make sure that you don't inadvertently lose some of your rights.
The judge will not contest your decision. When you are asked to give your decision, you or your attorney will simply state "guilty" or "not guilty." From there, the judge will state what is to happen next and the time for the next hearing. This is not the place for the evidence. If you are representing yourself, do not attempt to argue with the judge or you will be held in contempt of court.
What Every Business Lawyer Should Provide You When Hired to Represent You
by siena-anstis January 13, 2021
Every business lawyer operates differently, but there is a bare minimum that every business lawyer should be providing their clients. You need to make sure that you are properly evaluating every business lawyer before hiring them, and have a good idea of what they are going to be able to do to help you to properly represent yourself legally, as well as stay in touch and help you with smaller details as well. Every lawyer should provide you with a background, and experience that they have that qualifies them to be the lawyer for your company. They should also be able to provide you with the schedule as well as a price for the work that they are going to do for you, and ongoing customer service in order to give you peace of mind.
Arguably, experience is the most important thing that any lawyer needs to have. When you are considering hiring a lawyer, they should be able to provide you with adequate proof of the experience that they have. This can be a matter of public record, or a Pvt. document that they are able to give you that gives you an idea of the testimonials from previous clients, as well as the positive outcomes that they have provided for clients as well. Experience needs to be something that you evaluate in full, without making exemptions, in order to ensure that you are going to have an experienced lawyer who knows their way around the system.
A Schedule and Price
Any solid and well-known San Diego Business Attorney is going to be able to provide you with the schedule, or estimated schedule, and price per hour for their services. You have to keep in to consideration the fact that many lawyers are not going to be able to account for every small circumstance that may pop up, which can cause their price to inflate. Never hire a lawyer who quotes you at exactly what your budget is, and instead hire well under your budget to account for these situations. Keep in mind that after you have paid him a large amount of money, many lawyers are going to be willing to work on a payment plan in order to keep representing you. So, building a relationship and trust with your attorney is something that can benefit both parties, and make it beneficial for the both of you to continue working together.
Another thing that I learned when looking for a San Diego Divorce Attorney, is the fact that they are going to have to provide you with ongoing customer service in order to best serve your needs. This is something that is often overlooked when you are looking at hiring a lawyer. Although they probably do not want you calling the office every day checking up on their work, having a time that you can call them each week and check what is going on and what you need to do on your end, can be beneficial for the both of you and shows that they provide excellent customer service.
Keep Dishonest Lenders at Bay by Hiring a Law Firm With Expertise in Real Estate Law
by siena-anstis October 13, 2020
Having a house of your own is everyone's dream and if you are from the mid-income group, the first thing in your mind would be to take a house loan if you are to realize your dream. Taking a loan, however, especially for a house or property is the trickiest part nowadays. There are innumerable odd processes and paperwork to complete before you finally avail a loan. But due to the complex procedure, the lenders or the banks usually take advantage of the situation with things related to mortgage. It is during this crucial time of taking a loan that many unwanted glitches come up. Many a times, buying a house remains a distant dream, thanks to the unprofessional ways of working of these lenders.
A lot of people across the United States have complained about unscrupulous people who have sold their mortgages to a third party without their knowledge. This is a very serious offence and such kinds of cases are been often heard now that the property market have start to boom after the slowdown. Be very cautious so that you do not fall prey to such malpractices. Being a layman, it is very easy to be a victim since you are not accustomed to the nitty gritties about loans and mortgage.
Endeavoring to bring justice to innocent people who have been duped by smart bankers, a lot of private law firms have opened up their business online. Most of these firms have offices across America and they hire some of the best lawyers in the country. With the help of both State and Federal Laws, these experienced professionals bring to book offensive practitioners and in the process, keep their clients in their deserved property. And the best part is that they do not charge much for their service and do their job within an affordable range. But the main criterion for a successful outcome is that you cooperate in the entire process and do not miss out on providing them all the details.
Terms like Debt Consolidation Refinance Bad Credit Debt Consolidation, Home Refinance Rates, Securitization Loan Audit, Foreclosure Defense, etc are beyond the comprehension of the common man. So if you hire a lawyer, he will be able to guide you through the entire process in a very smooth and hassle free way. For instance, try to stir clear from debt consolidation refinance with the assistance of your lawyer. An astute attorney will easily guide you through this. Home refinance rates also vary depending on a lot of pivotal factors. So make sure that you are charged the right rates and are not disarrayed. Bad Credit Debt Consolidation is another slippery area which needs utmost caution and proper guidance from a competent attorney who has commendable grip over such form of defense. In other words, do not lose out on your savings and your house because of some crooked lenders and instead hire a capable attorney's service so that he might defend you.
Managing Supervised Visitation During Parenting Time
by siena-anstis July 13, 2020
Dealing with a divorce when children are involved can be highly stressful and include numerous decisions that need to be defined and made. One of those decisions is the visitation schedule between both parents and their children. When coming up with visitation schedules, sometimes one parent may need to have supervised visitation time with their children. The court usually orders this because the parent in question has a history with domestic violence, substance abuse or improper sexual behaviors. The court wants children to have contact with both parents, if possible. However, if the one of the parents is declared to be a high-risk parent when left alone with the child, then supervised visitation is required. With supervised visitation, the child can still visit their parent, while still staying safe.
In order to properly draft up a parenting plan that includes supervised visitation, certain details must be included. Rules for the supervision as to what is allowed and what is not acceptable, if the supervisor is a paid supervisor or a trusted third party, such as a grandparent must be determined. Also, if back-up supervisors can be obtained, and if the supervision can expire, be terminated or expanded are all key points to mention in your parenting plan. Make sure you are very specific and as detailed as possible. This will become key and a crucial point for argument and defense once a visitation schedule is drafted.
This is highly recommended because if any problems arise with the supervised visitation, the court is going to look back on this parenting plan to see if the certain rules have been violated. The court will also look back on this parenting plan if you ex-spouse is requesting to either extend the time with the child or terminate the need for supervision. The best plan of action in creating a well-documented parenting plan is to speak with an experienced visitation lawyer who can make sure all these key points are addressed. Once the parenting plan is fully established, then both you and your ex-spouse and keep yourselves, as well as your children, well protected moving forward.