Archive for the 'Legal' Category



Real Estate Brokers Liability to Buyers: Treble Damages & Attorney Fees under NJ Consumer Fraud Act

© 2007 Dominic Bugatto
New Jersey has one of the toughest consumer protection acts in the country. Known as the Consumer Fraud Act (CFA) (Title 56, Chapter 8), it applies to the sale and advertisement of goods and services. The Act applies to real estate transactions, brokers and real estate agents— sales […]

Sellsius Talks to Real Estate Radio USA

I had the opportunity to speak with Real Estate Radio USA’s Barry Johnson and Barry Cunningham. We talked about legal issues facing bloggers. Have a listen here. (Episode 82)

What Banks Will Not Tell You: You May Not Be Liable for a Deficiency Judgment If You Walk Away From Your Mortgage

More and more Americans are facing a decision on mortgage debt they are unable to pay or refinance. Should I declare bankruptcy? You may not have to. You may be able to simply walk away from the mortgage. Most Americans fear making that choice.
The Bank Chase for a Deficiency Judgment
Most […]

Trump Sued For $4 Billion in Nevada

NIGHTS AT LAS VEGAS, a Nevada real estate management company, has sued mega-developer Donald Trump, and others, for $4 billion in US District Court in Nevada. The plaintiff seeks $1 billion in compensatory damages and $3 billion in punitive damages. The controversy stems from plaintiff’s allegations that Trump is not allowing them […]

Did Real Estate Blogger Defame Miami Developer? A $25 Million Libel Lesson

Innocence taking refuge in the arms of Justice, (oil on canvas) Elisabeth Louise Vigee-Le Brun (1779)
The Miami Herald reported a developer has filed a $25 million defamation lawsuit against a Miami real estate blogger. The developer claims the blog post, which has been removed (along with the blogger, who was fired) contained […]

YouTube Removes Parody Over 1 Photo

As an attorney, I appreciate the underlying principles and protections of the Copyright Law to insure that authors are the exclusive exploiters of their work for financial gain. But the underlying basis of the Act is not to put money in authors’ pockets, but to give them a limited monopoly so as to encourage others […]

Madonna Sues Her New York Co-op Board

Pop icon Madonna has reportedly filed suit against her chichi Central Park West co-op Board for blocking her purchase of her neighbor’s apartment, which apartment she intended to combine with hers. She has filed suit in Manhattan Supreme Court seeking to overthrow the Board’s decision.
I have not seen the court documents, but, as […]

You Be The Judge: The Case of the Noisy Neighbor

This is a real case. Decide who should win. (The names have been changed to prevent cheating. )
Mary Smith owns and lives in a condominium unit in a high rise building. The owners of the apartment below her decided to rent their apartment to a young couple, Mr. and Mrs. Noyze. […]

Secret Maryland Condo Loophole Favors Developers

Maryland condominium developers can take advantage of a little known loophole in the state’s condominium law which allows them to allocate the common elements interest to their advantage.
In most states*, the condominium law requires developers to allocate the percentage interest in the common elements fairly. Fairly usually means the percentage common element interest must bear […]

Government Held Real Estate Data Is Free For The Taking

Hanging Judge (Bragg)
The Wisconsin Court of Appeals has ruled that MLS subsidiary WIREdata may obtain property assessment records maintained by the local county authorities under Wisconsin’s Open Records Law. The purpose of these and other sunshine laws is to allow the public access to government held data, which is copyright free under the […]