Statutes for real estate vary from state to state. While there is common law that is similar in every state, there are no two states that have the same statutes. All fifty states do have laws pertaining to real estate, it just varies on what exactly is covered and what specific steps must be taken. Some statutes across states remain the same, while some states have statutes for circumstances that others do not. It is also possible that within the state, statutes are different from county to county. While comparing the two states, New York and Massachusetts, there are some statutes that are quite common, but have their own differences for each possibility. New York and Massachusetts have strict laws on timeshares and mechanic liens, but the time frames for filing and what is covered is very different. In the following paper the timeshare and mechanic lien statutes of New York and …show more content…
Massachusetts will be compared. When a timeshare is purchased in New York, the purchaser has the right to cancel within seven business days of the signing of the contract. This is valid for all contracts signed in New York, and the right of cancellation cannot be waived. In Massachusetts the purchaser only has three business days to cancel, but it is three days from receiving the public offering statement instead of the initial signing. The New York statutes requires a timeshare public offering plan from the seller that must be provided to the buyer. This is a contract that includes the specific details of the purchase, and has to be registered in the state of New York. The public offering consists of detailed information, but must include the following; the seller’s information, details on how to cancel, a description of the property, floor plans for the location, by laws, and the declaration of covenants and restrictions. In Massachusetts, the public offering statement contains most of the information as New York, and common information about the timeshare development. The developer is required to provide a copy of the public offering statement to the buyer before transferring the timeshare interest but before the date the sales contract goes into effect. The public offering statement in Massachusetts must include the following; the developer’s information such as name and address, a general description of the timeshare property, the budget for the project, and the cancellation policy. Massachusetts statutes provide the purchaser of the time share with many protections, and a Massachusetts court can dismiss a timeshare contract if the argument is unconscionable. While advertising for a timeshare in New York, it must be clearly stated that the advertisement is used for the purpose of soliciting a timeshare sale, and what exactly is being offered. All items must be accurately represented, including rooms and floor plan being to exact scale along with the price range for the timeshares being sold. When advertising in Massachusetts it is not as regulated. However; Massachusetts and New York have very similar statutes if there is a prize involved. A fair market value for the item must accurately be represented, along with how many are available, and the chances of actually receiving that item. In Massachusetts and in New York, a mortgage is often taken out to pay for a timeshare. The process for both of these states follow the individual state law, and they both are judicial which means the lender must file the lawsuit in that specific state. By looking at their timeshares it is a great example of how their statutes are similar like advertising and foreclosure processes, and how some statutes are completely different like the right to cancel. This is also how mechanic liens compare to one another. Both states identify the necessary procedures in the statutes, but they have different specifics. Mechanic liens are liens that arise from construction and other improvements on land and property. Each state will allow the person who supplies labor or material for a construction project to claim a lien against the property. In each state it will be different on what the exact definition is and who is entitled to be able to claim a lien. The two states, Massachusetts and New York, that we will be comparing a quite different in their definition, and have strict laws in place to protect the suppliers of labor and material, as well as the owner of the property. In New York, almost anyone who is doing work on a project is able to file a lien on the property. New York will allow a contractor, subcontractor, nurseryman, to a person who sells roses and small fruits to file for a lien if they were in contract to make an improvement from the owner, his agents, or his contractors. The lien in New York can be claimed for the value, and agreed price of labor and materials for the improvement. While in Massachusetts it limits the claims to those who were in written contract of the owner to build, alter, remove, or improve the real property or furnishing of materials and equipment to place a lien onto the property that is owned by individual that was entered into contract with. New York does not enforce lien wavers that are placed in any type of construction contract. If there is a lien waver signed it will not be honored, and a lien can still be placed on the property. Massachusetts does allow lien waiver forms to be signed. These forms only can be enforced against general contractors who are initiating a lien process, and no form can be legally enforced on subcontractors. In Massachusetts the laws for claiming a lien on the property is more complicated than in New York.
Massachusetts laws state that the party filing the lien must file a notice of contract, any time after the execution of contract, whether the payment date has passed, or the work has been performed. However, it must also before 60 days after filing the notice of completion and 90 days after filing the notice of termination as well as being 90 days after the last time working furnishing the property with materials or labor. In New York it has much less laws on the time to claim the lien on the property. If the claim is being filed on residential property it must be within 4 months of the last day that labor or material was provided, while there is 8 months to file on commercial property. There is only 30 days to file on a Public Project in New York. Liens in New York are good for 1 year, while commercial property can file for an extension within that 1 year time frame. Residential property must be court issued to extend the duration within that 1 year to be extended for an additional
year. New York statutes do not require that projects have been started on property, or when they have been completed either. They also do not require lien holders to produce any notices stating the lien has been paid either. In Massachusetts anyone performing work on the property may provide a notice of contract to show the work will be started, as well as a notice of substantial completion when the work is done. Lien holders also have the option of using a dissolution of lien to release the lien off of the property as well, or filing for a bond so the lien can be released off of the property By looking at these two states, New York and Massachusetts side by side it can be see how similar and different the statutes are from state to state. This is just a small glimpse of how they vary, and by looking at more states it can be seen how they are all different. In Massachusetts it seems that most of the time limits for filing or cancelling are shorter and more specified while in New York more time is allotted for decisions and cancellations. Massachusetts also records their information and requires party to notify the state about what is happening, while in New York, it is at the individual’s discretion if they let others know. Whether there is a time share in Massachusetts or a mechanics lien in New York, the states have put together statutes for what they think are the best to protect both parties in the transaction.
Christopher McCandless and Adam Shepard both did some similar targets in their lives, at the end it lead them to unexpected situations. Christopher McCandless was a young man who didn't believe in society and he chose to get away from that and left everything he had, including his family. He developed important relationships with key people that helped him on his journey into the wild. Similarly Adam Shepard was a young man who left with only $25 and a sleeping bag to go prove his point that the american dream does exist and to see if he can achieve it in a couple of months. Overall comparing McCandless and Shepard, Christopher McCandless had a greater impact in people, motivated many, and was selfish in plenty of good ways.
The 2010’s and the 1950’s were two very important decades for women and their roles in society. The 2010’s is the social media era, where everything is online and electronic. 1950 is often called the hip decade. This was the decade where house wives were summed up in two words, June Cleaver. Wives catered to their husbands and took care of his every need before considering their own needs. Their “uniforms” were starch-ironed dresses with a spotless apron over it, accented with a string of pearls around their necks and a slim figure all around even after bearing forth at least three children, and to complete the entire outfit a pair of kitten heels. But most importantly they held the family together (Stoneham).
Some people think that if they could only change one aspect of their lives, it would be perfect. They do not realize that anything that is changed could come with unintended consequences. “The Monkey’s Paw” by W.W. Jacobs and “The Third Wish” by Joan Aiken both illustrate this theme. They demonstrate this by granting the main character three wishes, but with each wish that is granted, brings undesirable consequences. The main idea of this essay is to compare and contrast “The Monkey’s Paw” and “The Third Wish.” Although the “The Monkey’s Paw” and “The Third Wish” are both fantasies and have similar themes, they have different main characters, wishes, and resolutions.
In the case of Kelo v. New London (2005), the city of New London was granted the right to use eminent domain in taking the private property of residents to be used for economic development purposes. Because of this decision, many states passed laws to protect private property owners from the misuse of eminent domain (Kubasek et al., 2015). In North Carolina in particular, the House Bill 1965 prevents condemnations for economic development (“50 State Report Card,” 2007). Due to the new bill passed in North Carolina after the Kelo decision, Martin may be able to make a proper case in regard to his beach house as it seems that their only reason for condemnation is for the purpose of economic
) A mechanics lien are commonly used by subcontractors and suppliers, in this case Rupert would be the subcontractor for Clyde. Clyde could be force to sell his home to pay for the mechanics lien, or pay twice as much than he was originally obligated to pay because of legal fees accrued. Rupert cannot enforce the $200 tune up through a mechanic’s lien, but he can place a lien on Clyde’s property for the $20,000 promised to build the detached garage. This lien places a legal claim against the property that has been built, improved or remodeled. In order to collect the $200 promised for the tune up on Clyde’s car, Rupert will have to file a separate case through small claims court to try and recover the $200. The fees to file this case could
The court must also present dismissal proof of the violation Multiple Dwelling Law - MDW § 142 New York Consolidated Laws, Multiple Dwelling Law.
Web designers have the job of working alongside clients or organisations to discuss ideas and develop job details and requirements for websites and more recently mobile application development, to provide their end uses a multi-channel window into their systems. They design and develop website content for clients as well as maintaining or coordinating maintenance for those websites once completed and implemented.
Since early American and British law, landlord-tenant laws have undergone a variety of changes that serve a large purpose in defining the relation between the two entities. Originally, the landlord-tenant law viewed the lease as primarily a conveyance of land and didn’t pay much attention to contractual aspects. However, in more recent years, the lease of property for residential or commercial purposes has become more common. Contractual agreements are much more stern and strict in recent law as well. A lease, as mentioned earlier, is the contract in which the owner of property conveys to the tenant the exclusive right to possess the property for a period of time.
Du Bois statement that, “good schooling could take place if parents support the school” in 1935 rings true today. Regardless, if the school of the design or ethnic background of the students or community it is vital for the school to have the support of the parents. Unfortunately, the perception was and still is that a good school is only viable in white suburban setting that receives the most funding. Desegregation of schools, while on the surface, appeared to tackle the divide in school resources; it removed the pride that parents had for their local school. Additionally, by desegregating schools the connection to teaching was
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
land is not the same as built property. Since this first law, proprietorship evolves, the 1993 Land
1. Describe the difference between public law and private law, including the difference between criminal law and tort law.
Business morals is the investigation of business circumstances, exercises, and choices where issues of good and bad are tended to. Business morals emerges from considering the conditions under which cutting edge business is led can be comprehensively portrayed as sympathy toward the social obligation of business. The corporate administration system ought to advance straightforward and productive markets, be predictable with the principle of law and plainly well-spoken the division of obligations among diverse supervisory, administrative and implementation powers. Great corporate administration is the magic that binds dependable business hones, which guarantees positive work environment administration, commercial center obligation,
While working in a Business Organization, the members are organized in some rules and regulations to achiever required goals effectively and efficiently, known as Management. The economy of India starts with Indus Valley Civilization, where trade was significant. After 1500 years, classic civilization appeared which was known as the largest economy period of ancient and medieval India. In a book, The World Economy: A Millennial Perspective, Angus Maddison described that, “India was the richest country in the world and had world’s largest economy until 17th century AD.” During Independent history, India followed extensive public ownership, regulation, red tape and trade barriers.
The relationship between law and morality has been argued over by legal theorists for centuries. The debate is constantly be readdressed with new cases raising important moral and legal questions. This essay will explain the nature of law and morality and how they are linked.