Can a Commercial Landlord Force a Tenant to Stay Open? In a word, yes. In a recent case (issued November 25, 2020), the Indiana Court of Appeals case had to determine whether it was appropriate for a trial court to issue an order compelling Abercrombie & Fitch Stores, Inc. (Abercrombie) to keep its store open, […]
Bad Indiana Land Contract Law Dies Before Passage
Indiana House Bill 1495 (2019 Session) made its way to a Conference Committee, but the Committee Report was rejected by the Senate on a 30 to 19 vote. HB 1495 would have unnecessarily restricted the use of land contracts, when the buyer intended to use a home as the buyer’s principal dwelling. In fact, this […]
REAL ESTATE ACQUISITIONS AND SALES
Home purchases typically represent the most significant investment people will make in their lifetime. Therefore, it is important to consult a knowledgeable real estate attorney to help protect your interests in the purchase process. It is equally important to consult an attorney if you selling a property. One of the services real estate attorneys provide […]
The Series LLC for Real Estate Deals
This is the second article we have authored about the Indiana Series LLC, which remains a relatively new business structure, having just become available on January 1, 2017. While the rules, regulations, processes and law on this new business model are incomplete and not yet fully decided, the law governing the Series LLC is developing […]
Indiana’s SAFE Act Rules
Q- Can an investor sell upto but not exceeding 5 properties on contract without a license? A- Yes, in Indiana, as of 2012. 5 is fine. 6 is prohibited. In response to the August 2011, federal changes to the HUD SAFE Act rules, Indiana changed its rules. Additionally, the Indiana General Assembly changed the Indiana […]
DO I NEED A REAL ESTATE LICENSE
Certain activities involving real estate DO require a license. The question is what activities performed by whom. In order to determine when and for whom a license is required, we turn to state statutory law. Because I only practice law in Indiana, I’ll use Indiana’s statutory scheme as an example. Research the statutory law in […]
Our Virtual Law Office
Sometimes, you just need an Indiana legal form, without a lawyer’s help. IndianaVirtualLaw is the website name for the virtual law offices of Griffith Law Group LLC, an Indiana law firm. Through our Virtual Law Office, our law firm provides cost-effective and efficient, limited legal services pertaining to Indiana, Immigration, and federal Trademark Law. Limited […]
When Do Real Estate Investors Need a License [PART 2]
In Part 1 of this article, I wrote about Indiana’s licensing laws and described the circumstances when the law does and does not require you to hold a license. In this Part II, I will explain: The consequences of doing real estate transactions without a license in violation of Indiana law. A case law exception […]
When Do Real Estate Investors Need a License? [PART 1]
Many real estate investors, and I mean tens of thousands of investors, operate without a license. For many years now, at least in Indiana, there has been tension between the investment community and realtors (now called brokers). That tension increased years ago, as the market suffered through the “Great Recession,” and it was tough to […]
Big Changes to the Marion County Small Claims Courts in 2015
Small Claims Courts becoming “courts of record” in 2018. Beginning July 1, 2018, the Marion County Small Claims Courts will become courts of record. A court of record is a trial court in which a court reporter or clerk takes down a record of proceedings. In the past, the Marion County Small Claims Courts have […]