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Why Become a Commercial Lawyer?
Mar, Sun, 2023
Why Become a Commercial Lawyer?

Sadly, one misconception frequently surprises students seeking to become commercial attorneys. Despite the fact that many commercial solicitors encourage students at career fairs to apply to work at competitive companies within their commercial department. They were misled about how difficult it would be and were undoubtedly mistaken.

commercial lawyers Newcastle may be required to work long hours, adhere to rigorous deadlines, operate under pressure, work well in teams, and even risk their lives for their jobs. This is not ideal, but because commercial lawyers are committed to their work and driven to succeed, they are ready to make this compromise. So, take heed: this is a tough job.

Why Work as a Commercial Lawyer?

Commercial Lawyer

This question is however divided into two areas:

  • Why Commercial Law?
  • Why Become a Solicitor?

Naturally, the need to comprehend the company as a whole and the need for development in a market with continuously changing trends have lawyers fascinated by commercial law. This understanding of shifting marketplaces has also been essential to further their interests in commercial law, particularly regarding how technology may both help and hurt businesses. After all, risks increase when technology advances more rapidly. 

Many people would consider being a commercial solicitor because of the employment security benefits, especially as compared to the self-employed barrister. Greater security does not imply that the process is any simpler. Commercial lawyers must possess a high level of research abilities, critical analysis capabilities, and the capacity to adjust to challenging and unforeseen circumstances. You must be able to strike a balance between providing customers with outstanding communication and a high caliber of legal service, attending to both the client’s commercial needs and their legal needs while taking into account their goals and demands.

How Does Commercial Awareness Work?

Being aware of developments in the business sector is a straightforward definition of commercial awareness.

You must comprehend how and why organizations conduct in the manner they do in order to possess commercial awareness skills. A good solicitor can connect these changes to the legal profession.

Are You Commercially Aware?

Commercial interests play a crucial role in determining whether or not to become a commercial solicitor. This entails considering business insolvency, business dangers, the effects they have on customers, and public safety, all of which impact business-related legal concerns.

For instance, recent cyberattacks on hotel chains may raise questions about their compliance with legal obligations and laws, as well as those of banks whose clients may have been impacted and those making investments in the company itself. To become a successful, driven commercial solicitor, you must be passionate about such topics.

Which legal modules are your favorites?

modules are your favorites

Importantly, the courses you excel in or like the most may influence your decision to become a commercial layer. Many claims that an interest in tort and contract law is essential for a career as a commercial solicitor. The question of whether you appreciate the difficulties that most frequently emerge in commercial contexts is vital in determining whether you would personally enjoy a career as a commercial attorney, apart from the wider variety of modules accessible to students in subsequent years.

Commercial or Corporate law?

Corporate law

Furthermore, many students could fail to recognize corporate and commercial law differences. Are you paying attention to one while neglecting the other? Avoid doing this because there is a lot of overlap between the two fields. Having knowledge of or an interest in either could signal that you would be a good candidate for a future as a commercial solicitor. A company’s position at launch, growth, development, decline, and of course, a review of issues impacting each of these stages, are examples of areas where there may be overlap. You will naturally be interested in these concerns and the legal difficulties that may help or hinder business development if you are business-minded and have a passion for the companies you deal with.

How to Be Certain

You might want to do more research on the field, participate in online internship programs, get job experience, and other things to determine if becoming a commercial solicitor is the right career for you. Importantly, if you work part-time, your interests in commercial law may also be influenced by your understanding of the business’s operations and your awareness of the importance of legal matters in relation to those operations. In order to determine whether there is a practice area you like in comparison to or not, you might also wish to look at fields outside of commercial law.

What the Commercial Law Covers

Commercial law is the body of legislation tasked with regulating business; it covers all aspects of commercial transactions and the legal repercussions of business interactions. It is crucial for people and organizations involved in regular business and commercial operations. The practice of commercial law assures compliance with all applicable laws governing business and commercial transactions, fostering an environment conducive to reasonable and fair business practices.

Without the guiding principles supplied by commercial law regulations, unethical and unjust company practices that do not adhere to ethical standards would be allowed to flourish. Due to its emphasis on regulating business civil actions, the area is typically considered a part of civil law. However, the consequences of breaking this code of law could result in both civil and criminal measures being taken against those who do so.

Duty of a Commercial Lawyer 

A commercial and business lawyer’s primary duty is to assist his clients by giving them legal choices and advice on how to make decisions in a commercial setting. Corporate lawyers provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial agreements, managing and assisting in the resolution of commercial conflicts, and negotiating technological license deals. This aids corporate, industrial, and commercial clients in managing their internal business processes.

admin admin
Commercial Law
Why Become a Commercial Lawyer?

Sadly, one misconception frequently surprises students seeking to become commercial attorneys. Despite the fact that many commercial solicitors encourage students at career fairs to apply to work at competitive companies within their commercial department. They were misled about how difficult it would be and were undoubtedly mistaken.

commercial lawyers Newcastle may be required to work long hours, adhere to rigorous deadlines, operate under pressure, work well in teams, and even risk their lives for their jobs. This is not ideal, but because commercial lawyers are committed to their work and driven to succeed, they are ready to make this compromise. So, take heed: this is a tough job.

Why Work as a Commercial Lawyer?

Commercial Lawyer

This question is however divided into two areas:

  • Why Commercial Law?
  • Why Become a Solicitor?

Naturally, the need to comprehend the company as a whole and the need for development in a market with continuously changing trends have lawyers fascinated by commercial law. This understanding of shifting marketplaces has also been essential to further their interests in commercial law, particularly regarding how technology may both help and hurt businesses. After all, risks increase when technology advances more rapidly. 

Many people would consider being a commercial solicitor because of the employment security benefits, especially as compared to the self-employed barrister. Greater security does not imply that the process is any simpler. Commercial lawyers must possess a high level of research abilities, critical analysis capabilities, and the capacity to adjust to challenging and unforeseen circumstances. You must be able to strike a balance between providing customers with outstanding communication and a high caliber of legal service, attending to both the client’s commercial needs and their legal needs while taking into account their goals and demands.

How Does Commercial Awareness Work?

Being aware of developments in the business sector is a straightforward definition of commercial awareness.

You must comprehend how and why organizations conduct in the manner they do in order to possess commercial awareness skills. A good solicitor can connect these changes to the legal profession.

Are You Commercially Aware?

Commercial interests play a crucial role in determining whether or not to become a commercial solicitor. This entails considering business insolvency, business dangers, the effects they have on customers, and public safety, all of which impact business-related legal concerns.

For instance, recent cyberattacks on hotel chains may raise questions about their compliance with legal obligations and laws, as well as those of banks whose clients may have been impacted and those making investments in the company itself. To become a successful, driven commercial solicitor, you must be passionate about such topics.

Which legal modules are your favorites?

modules are your favorites

Importantly, the courses you excel in or like the most may influence your decision to become a commercial layer. Many claims that an interest in tort and contract law is essential for a career as a commercial solicitor. The question of whether you appreciate the difficulties that most frequently emerge in commercial contexts is vital in determining whether you would personally enjoy a career as a commercial attorney, apart from the wider variety of modules accessible to students in subsequent years.

Commercial or Corporate law?

Corporate law

Furthermore, many students could fail to recognize corporate and commercial law differences. Are you paying attention to one while neglecting the other? Avoid doing this because there is a lot of overlap between the two fields. Having knowledge of or an interest in either could signal that you would be a good candidate for a future as a commercial solicitor. A company’s position at launch, growth, development, decline, and of course, a review of issues impacting each of these stages, are examples of areas where there may be overlap. You will naturally be interested in these concerns and the legal difficulties that may help or hinder business development if you are business-minded and have a passion for the companies you deal with.

How to Be Certain

You might want to do more research on the field, participate in online internship programs, get job experience, and other things to determine if becoming a commercial solicitor is the right career for you. Importantly, if you work part-time, your interests in commercial law may also be influenced by your understanding of the business’s operations and your awareness of the importance of legal matters in relation to those operations. In order to determine whether there is a practice area you like in comparison to or not, you might also wish to look at fields outside of commercial law.

What the Commercial Law Covers

Commercial law is the body of legislation tasked with regulating business; it covers all aspects of commercial transactions and the legal repercussions of business interactions. It is crucial for people and organizations involved in regular business and commercial operations. The practice of commercial law assures compliance with all applicable laws governing business and commercial transactions, fostering an environment conducive to reasonable and fair business practices.

Without the guiding principles supplied by commercial law regulations, unethical and unjust company practices that do not adhere to ethical standards would be allowed to flourish. Due to its emphasis on regulating business civil actions, the area is typically considered a part of civil law. However, the consequences of breaking this code of law could result in both civil and criminal measures being taken against those who do so.

Duty of a Commercial Lawyer 

A commercial and business lawyer’s primary duty is to assist his clients by giving them legal choices and advice on how to make decisions in a commercial setting. Corporate lawyers provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial agreements, managing and assisting in the resolution of commercial conflicts, and negotiating technological license deals. This aids corporate, industrial, and commercial clients in managing their internal business processes.

All the Information You Need About Commercial Law
Mar, Sun, 2023
All the Information You Need About Commercial Law

Commercial law is a branch of the law that governs how people, businesses, and merchants conduct themselves when engaging in trade, sales, and commerce.

What is Commercial law?

Commercial law

Commercial law is a branch of the law that governs how people, businesses, and merchants conduct themselves when engaging in trade, sales, and commerce. In other words, commercial law is the set of guidelines that merchants and other businesspeople must abide by when conducting their operations.

The terms “commercial law” and “business law” can refer to the same thing because they cover a lot of similar ground. A lawyer who practices one also most likely has experience practicing the other. A commercial lawyers Canberra will almost certainly be needed in any issue involving businesses or ethical business practices.

Real estate, food and safety rules, and environmental regulations are just a few of the many legal fields that commercial law interacts with. Contract law, intellectual property law, and consumer protection are some of the most significant subcategories of commercial law. Commercial law governs a wide range of transactions, including sales of goods and services, leases, principal-agent relationships, security interests, and much more. It also addresses related issues including tax planning and business insolvency.

What exactly do commercial lawyers do?

The customers of a commercial attorney are typically corporations or huge businesses. Therefore, a typical day can involve reading and rewriting contracts, drafting legal contracts for businesses, and examining corporate mergers. It may also be required for the customer to have a lengthy conversation on the terms of a contract or license agreement. The task will therefore depend on the specialty you have picked. A team of commercial lawyers known as “property lawyers” work primarily for their employer and look for the firm’s legal issues.

Corporate litigation, including the typical structure of contractual claims, is a common topic for commercial lawyers to handle. The duties of best commercial lawyers include recommending that applicants aid their clients in court proceedings and aid them in preparing for probable objections.

Characteristics of Commercial Lawyers

In order to advise their customer on how to organize and negotiate a transaction successfully and to come up with creative solutions to the particular problems that each transaction presents, a good corporate lawyer must be strategic and creative. Since they are responsible for supervising and coordinating all the multidisciplinary efforts that go into advising a customer on a transaction, they also need to be excellent project managers. They must also be able to compile all the different advice and clearly communicate it to the client in form and substance so that the client can make informed decisions about crucial issues.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive. 

Definition of Commercial Law and the UCC

Given the broad meaning of commercial law, it could be beneficial to describe the subject in terms of temporality. Commercial law, as opposed to litigation, which arises after a lawsuit has been filed, deals with legal concerns that arise before the start of a case. While litigation attorneys help clients defend their interests in court when business agreements are broken, commercial law attorneys aid in negotiating and entering into corporate contracts.

The selling and distribution of commodities as well as the financing of particular transactions are at the heart of commercial law. The Uniform Commercial Code (UCC), a model body of regulations for the sales of products, leasing of negotiable instruments, and secured transactions, governs it. Every state makes use of some kind of the Uniform Commercial Code, but each state is free to alter the rules as it sees fit. It’s important to hire a lawyer who is knowledgeable about the UCC as it relates to your state due to the differences in how each state implements UCC requirements.

Areas of Commercial Law

Commercial Law

Commercial law rotates mainly around the commercial setting or that which involves businesses. It could also cover any legal disputes involving the company, partnerships, manufacturing, merchant shipping, sales of consumer goods, and insurance. The following legal disciplines are covered under commercial law:

  • Retail sales
  • consumer defense
  • Law of contracts
  • Copyright law 
  • Corporate law
  • Intellectual property law,
  • Trademark law,
  • Patent law
  • Antitrust and competition law
  • Environment legislation
  • Corporate responsibility
  • The law governing global commerce
  • Labor law

Several nations have also passed civil codes that offer comprehensive summaries of their commercial laws. This has been done in an effort to lessen the difficulties that can arise when attempting to handle such a vast area of law. Keep in mind commercial law does not exist in a vacuum. Instead, it interacts with a wide range of other legal disciplines, including those that deal with trusts, taxes, European law, and criminal law.

Should I Work with a Commercial Lawyer?

There are various reasons to employ a commercial attorney. Every industry has unique business and commercial legal issues. An attorney skilled in the kind of business your firm does can give more practical and precise guidance as they assist you in figuring out an answer to your legal concern that also addresses ethics and conventional industrial processes.

Business owners frequently wait until it’s too late to engage an attorney before doing so. Additionally, many business owners attempt to negotiate the sale of items without being aware of or comprehending the legal criteria established by their state’s acceptance of UCC laws. Contracts may be broken or canceled as a result, and earnings may also be lost.

Legal repercussions and litigation may follow if one party to the contract decides to sue the other party. Instead of attempting to negotiate the law on their own, business owners would be advised to enlist the help of a commercial law attorney throughout the early stages of the agreement negotiating process. Their legal rights will be protected as a result.

admin admin
Commercial Law
All the Information You Need About Commercial Law

Commercial law is a branch of the law that governs how people, businesses, and merchants conduct themselves when engaging in trade, sales, and commerce.

What is Commercial law?

Commercial law

Commercial law is a branch of the law that governs how people, businesses, and merchants conduct themselves when engaging in trade, sales, and commerce. In other words, commercial law is the set of guidelines that merchants and other businesspeople must abide by when conducting their operations.

The terms “commercial law” and “business law” can refer to the same thing because they cover a lot of similar ground. A lawyer who practices one also most likely has experience practicing the other. A commercial lawyers Canberra will almost certainly be needed in any issue involving businesses or ethical business practices.

Real estate, food and safety rules, and environmental regulations are just a few of the many legal fields that commercial law interacts with. Contract law, intellectual property law, and consumer protection are some of the most significant subcategories of commercial law. Commercial law governs a wide range of transactions, including sales of goods and services, leases, principal-agent relationships, security interests, and much more. It also addresses related issues including tax planning and business insolvency.

What exactly do commercial lawyers do?

The customers of a commercial attorney are typically corporations or huge businesses. Therefore, a typical day can involve reading and rewriting contracts, drafting legal contracts for businesses, and examining corporate mergers. It may also be required for the customer to have a lengthy conversation on the terms of a contract or license agreement. The task will therefore depend on the specialty you have picked. A team of commercial lawyers known as “property lawyers” work primarily for their employer and look for the firm’s legal issues.

Corporate litigation, including the typical structure of contractual claims, is a common topic for commercial lawyers to handle. The duties of best commercial lawyers include recommending that applicants aid their clients in court proceedings and aid them in preparing for probable objections.

Characteristics of Commercial Lawyers

In order to advise their customer on how to organize and negotiate a transaction successfully and to come up with creative solutions to the particular problems that each transaction presents, a good corporate lawyer must be strategic and creative. Since they are responsible for supervising and coordinating all the multidisciplinary efforts that go into advising a customer on a transaction, they also need to be excellent project managers. They must also be able to compile all the different advice and clearly communicate it to the client in form and substance so that the client can make informed decisions about crucial issues.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive. 

Definition of Commercial Law and the UCC

Given the broad meaning of commercial law, it could be beneficial to describe the subject in terms of temporality. Commercial law, as opposed to litigation, which arises after a lawsuit has been filed, deals with legal concerns that arise before the start of a case. While litigation attorneys help clients defend their interests in court when business agreements are broken, commercial law attorneys aid in negotiating and entering into corporate contracts.

The selling and distribution of commodities as well as the financing of particular transactions are at the heart of commercial law. The Uniform Commercial Code (UCC), a model body of regulations for the sales of products, leasing of negotiable instruments, and secured transactions, governs it. Every state makes use of some kind of the Uniform Commercial Code, but each state is free to alter the rules as it sees fit. It’s important to hire a lawyer who is knowledgeable about the UCC as it relates to your state due to the differences in how each state implements UCC requirements.

Areas of Commercial Law

Commercial Law

Commercial law rotates mainly around the commercial setting or that which involves businesses. It could also cover any legal disputes involving the company, partnerships, manufacturing, merchant shipping, sales of consumer goods, and insurance. The following legal disciplines are covered under commercial law:

  • Retail sales
  • consumer defense
  • Law of contracts
  • Copyright law 
  • Corporate law
  • Intellectual property law,
  • Trademark law,
  • Patent law
  • Antitrust and competition law
  • Environment legislation
  • Corporate responsibility
  • The law governing global commerce
  • Labor law

Several nations have also passed civil codes that offer comprehensive summaries of their commercial laws. This has been done in an effort to lessen the difficulties that can arise when attempting to handle such a vast area of law. Keep in mind commercial law does not exist in a vacuum. Instead, it interacts with a wide range of other legal disciplines, including those that deal with trusts, taxes, European law, and criminal law.

Should I Work with a Commercial Lawyer?

There are various reasons to employ a commercial attorney. Every industry has unique business and commercial legal issues. An attorney skilled in the kind of business your firm does can give more practical and precise guidance as they assist you in figuring out an answer to your legal concern that also addresses ethics and conventional industrial processes.

Business owners frequently wait until it’s too late to engage an attorney before doing so. Additionally, many business owners attempt to negotiate the sale of items without being aware of or comprehending the legal criteria established by their state’s acceptance of UCC laws. Contracts may be broken or canceled as a result, and earnings may also be lost.

Legal repercussions and litigation may follow if one party to the contract decides to sue the other party. Instead of attempting to negotiate the law on their own, business owners would be advised to enlist the help of a commercial law attorney throughout the early stages of the agreement negotiating process. Their legal rights will be protected as a result.

What exactly is Commercial law?
Mar, Sun, 2023
What exactly is Commercial law?

Commercial law is a body of private law governing interactions between parties to legal acts, transactions, and deeds deemed trade deeds under the law. It also applies to situations in which traders are participants. Business and corporate law are areas of expertise for corporate and commercial attorneys. They are aware of the subtle distinctions among legal entities and how to apply them to various scenarios. They aid businesses in a variety of transactions related to business operations.

What exactly do commercial lawyers do?

Corporations or large businesses are frequently the clients of commercial attorneys. As a result, a typical day can include tasks like reading and amending contracts, drafting legal contracts for organizations, and analyzing corporate mergers. For the conditions of a contract or a license agreement, it can also be necessary for the client to engage in extensive discussion. As a result, the task will depend on your chosen area of specialization. The term “property lawyer” refers to a group of commercial attorneys primarily representing their employer and searching out the company’s legal problems.

Commercial lawyers frequently deal with corporate lawyers, including the standard format of contractual claims. Commercial lawyers’ jobs include requesting that applicants assist their clients with litigation and assist them in being ready for potential opposition.

What characteristics do best commercial lawyers possess?

In order to advise their customer on how to organize and negotiate a transaction successfully and to come up with creative solutions to the particular problems that each transaction presents, a good corporate lawyer must be strategic and creative. Since they are responsible for supervising and coordinating all the multidisciplinary efforts that go into advising a customer on a transaction, they also need to be excellent project managers. They must also be able to compile all the different advice and clearly communicate it to the client in form and substance so that the client can make informed decisions about crucial issues.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive.

What qualities distinguish an excellent commercial lawyer?

To succeed in corporate law, you must acquire an exceptional understanding of business law, contemporary issues, and legislative and regulatory developments. Additionally, you’ll need to learn about corporate and company law in other nations where your clients have operations or want to make investments.

Business law

A business lawyer must possess outstanding analytical abilities, strong communication and negotiation skills, the ability to think creatively, and thorough attention to detail. The majority of business transactions require collaboration. Your interpersonal and people management abilities should be top-notch because you will work with groups of professionals who have a shared goal. A successful commercial lawyer is ambitious, enjoys a challenge, and pursues their objectives with tenacity.

The goals of a commercial lawyer

commercial lawyer

A commercial lawyer’s main objective is to assist his clients by giving them legal choices and advice on how to make decisions in a business setting. Commercial attorneys provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial contracts, managing and assisting in the resolution of commercial conflicts, and negotiating technological license agreements. These services help corporate, industrial, and commercial clients manage their internal processes.

What Are a Few Common Legal Problems in Commercial Law?

Some specific legal difficulties are related to commercial and business laws. A significant portion of most commercial law legal matters include contract violations. Contracts are commonly used in transactions between firms and customers, frequently leading to legal problems. A contract violation might result in substantial losses for either side.

Aside from contract hitches, common commercial law legal problems include:

  • Advertising and marketing conflicts and violations.
  • Issues with unfair competition
  • Starting a new business;
  • Moving or closing an existing business
  • Complaints from customers
  • Protection of trade secrets and intellectual property

As was already said, commercial disagreements frequently entail a variety of laws from other fields, such as environmental law or real estate law.

How Are Disputes in Commercial Law Settled?

Commercial law issues can involve a variety of possibilities for dispute settlement, unlike disagreements in other areas of law like criminal law. Depending on the nature of the breach or conflict, resolutions to business law problems may include:

  • Financial compensation for losses
  • Contract rescission is one of the remedies for a breach of contract.
  • Fair remedies, such as injunctions,
  • Business mediation or other forms of alternative dispute resolution

Whether the responsible party is a commercial merchant or a regular person, remedies can frequently vary. A class action lawsuit may also be necessary in certain commercial law cases if the same problem harms numerous parties.

Do I need an Attorney with Commercial Law Issues?

Commercial law conflicts are frequently complicated and may include a number of distinct statutes and laws. If you need help with any commercial law difficulties, you might need to employ a commercial lawyer in your area. Your attorney can help you with your claim by offering legal counsel, investigation, and other services. Additionally, your lawyer can represent you in court if you need to file a case or appear at any court hearings.

Conclusion

Having a corporate law company on your side is crucial for reasons other than employee confidentiality. You will need appropriate legal assistance if a commercial deal is established between two distinct organizations to ensure that everything goes smoothly. An arrangement like this is referred to be a partnership. If your company needs to enter into contracts, you will need legal counsel to analyze the agreement and ensure that your company’s interests are safeguarded. Legal assistance will also be required if there are any difficulties with patents or trademarks.

Many people are unaware of their rights when it comes to bill collection. As a business owner, you could experience harassment from debt collectors. Understanding your options will help you manage bill collectors and keep your business running effectively. You can have peace of mind when handling this kind of issue with the aid of a commercial law firm.

admin admin
Commercial Law
What exactly is Commercial law?

Commercial law is a body of private law governing interactions between parties to legal acts, transactions, and deeds deemed trade deeds under the law. It also applies to situations in which traders are participants. Business and corporate law are areas of expertise for corporate and commercial attorneys. They are aware of the subtle distinctions among legal entities and how to apply them to various scenarios. They aid businesses in a variety of transactions related to business operations.

What exactly do commercial lawyers do?

Corporations or large businesses are frequently the clients of commercial attorneys. As a result, a typical day can include tasks like reading and amending contracts, drafting legal contracts for organizations, and analyzing corporate mergers. For the conditions of a contract or a license agreement, it can also be necessary for the client to engage in extensive discussion. As a result, the task will depend on your chosen area of specialization. The term “property lawyer” refers to a group of commercial attorneys primarily representing their employer and searching out the company’s legal problems.

Commercial lawyers frequently deal with corporate lawyers, including the standard format of contractual claims. Commercial lawyers’ jobs include requesting that applicants assist their clients with litigation and assist them in being ready for potential opposition.

What characteristics do best commercial lawyers possess?

In order to advise their customer on how to organize and negotiate a transaction successfully and to come up with creative solutions to the particular problems that each transaction presents, a good corporate lawyer must be strategic and creative. Since they are responsible for supervising and coordinating all the multidisciplinary efforts that go into advising a customer on a transaction, they also need to be excellent project managers. They must also be able to compile all the different advice and clearly communicate it to the client in form and substance so that the client can make informed decisions about crucial issues.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive.

What qualities distinguish an excellent commercial lawyer?

To succeed in corporate law, you must acquire an exceptional understanding of business law, contemporary issues, and legislative and regulatory developments. Additionally, you’ll need to learn about corporate and company law in other nations where your clients have operations or want to make investments.

Business law

A business lawyer must possess outstanding analytical abilities, strong communication and negotiation skills, the ability to think creatively, and thorough attention to detail. The majority of business transactions require collaboration. Your interpersonal and people management abilities should be top-notch because you will work with groups of professionals who have a shared goal. A successful commercial lawyer is ambitious, enjoys a challenge, and pursues their objectives with tenacity.

The goals of a commercial lawyer

commercial lawyer

A commercial lawyer’s main objective is to assist his clients by giving them legal choices and advice on how to make decisions in a business setting. Commercial attorneys provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial contracts, managing and assisting in the resolution of commercial conflicts, and negotiating technological license agreements. These services help corporate, industrial, and commercial clients manage their internal processes.

What Are a Few Common Legal Problems in Commercial Law?

Some specific legal difficulties are related to commercial and business laws. A significant portion of most commercial law legal matters include contract violations. Contracts are commonly used in transactions between firms and customers, frequently leading to legal problems. A contract violation might result in substantial losses for either side.

Aside from contract hitches, common commercial law legal problems include:

  • Advertising and marketing conflicts and violations.
  • Issues with unfair competition
  • Starting a new business;
  • Moving or closing an existing business
  • Complaints from customers
  • Protection of trade secrets and intellectual property

As was already said, commercial disagreements frequently entail a variety of laws from other fields, such as environmental law or real estate law.

How Are Disputes in Commercial Law Settled?

Commercial law issues can involve a variety of possibilities for dispute settlement, unlike disagreements in other areas of law like criminal law. Depending on the nature of the breach or conflict, resolutions to business law problems may include:

  • Financial compensation for losses
  • Contract rescission is one of the remedies for a breach of contract.
  • Fair remedies, such as injunctions,
  • Business mediation or other forms of alternative dispute resolution

Whether the responsible party is a commercial merchant or a regular person, remedies can frequently vary. A class action lawsuit may also be necessary in certain commercial law cases if the same problem harms numerous parties.

Do I need an Attorney with Commercial Law Issues?

Commercial law conflicts are frequently complicated and may include a number of distinct statutes and laws. If you need help with any commercial law difficulties, you might need to employ a commercial lawyer in your area. Your attorney can help you with your claim by offering legal counsel, investigation, and other services. Additionally, your lawyer can represent you in court if you need to file a case or appear at any court hearings.

Conclusion

Having a corporate law company on your side is crucial for reasons other than employee confidentiality. You will need appropriate legal assistance if a commercial deal is established between two distinct organizations to ensure that everything goes smoothly. An arrangement like this is referred to be a partnership. If your company needs to enter into contracts, you will need legal counsel to analyze the agreement and ensure that your company’s interests are safeguarded. Legal assistance will also be required if there are any difficulties with patents or trademarks.

Many people are unaware of their rights when it comes to bill collection. As a business owner, you could experience harassment from debt collectors. Understanding your options will help you manage bill collectors and keep your business running effectively. You can have peace of mind when handling this kind of issue with the aid of a commercial law firm.

The importance of commercial law for businesses
Mar, Sun, 2023
The importance of commercial law for businesses

The business world may be challenging and even downright unpleasant. Small businesses unexpectedly find themselves in a legal minefield or maze when a customer, employee, or business partner becomes troublesome. To have someone on your side when you need support, it’s usually a good idea to have a working relationship with some business lawyers who are familiar with the industry and comprehend the challenges at hand.

When it comes to how it applies to particular circumstances, commercial law is frequently very complicated. Since this is a very complex field of law, non-specialist attorneys frequently cannot offer much assistance. The sheer variety of potential problems necessitates expert handling.

As an illustration, the following are some of the topics addressed by commercial law:

  • Contract law
  • Commercial lawyers Sydney
  • Public liability
  • Business conduct
  • Consumer law
  • Commercial disputes
  • Commercial property, and 
  • Supply chain problems

These problems can, however, also be combined, and they are never straightforward. Additionally, complicating matters is the possibility of several parties to a dispute.

What the Commercial Law Covers

Commercial Law Covers

Commercial law is the body of legislation tasked with regulating business; it covers all aspects of commercial transactions and the legal repercussions of business interactions. It is crucial for people and organizations involved in regular business and commercial operations. The practice of commercial law assures compliance with all applicable laws governing business and commercial transactions, fostering an environment conducive to reasonable and fair business practices.

Without the guiding principles supplied by commercial law regulations, unethical and unjust company practices that do not adhere to ethical standards would be allowed to flourish. Due to its emphasis on regulating business civil actions, the area is typically considered a part of civil law. However, the consequences of breaking this code of law could result in both civil and criminal measures being taken against those who do so.

The goals of a corporate lawyer

Commercial law is one of the most common practice areas for lawyers globally. A commercial lawyer can work in a variety of industries, such as the private sector as a corporate lawyer or the public sector as a regulatory counsel. A commercial lawyer will most likely be a legal expert in corporate law, antitrust law, patents, intellectual property, and other business-related laws.

A lengthy education is required to become a business lawyer, which may begin with undergraduate studies. Although a bachelor’s degree in law is not necessary to work as a business lawyer, those who are interested in the field may opt to study for one in a closely connected field, such as business, economics, or communications.

The concept of commercial law is that it is a particular law that applies to specific people and activities. Its content is created by patrimonial legal relationships of a commercial nature (acts and deeds of trade); additionally, it is created by non-patrimonial relationships that are relevant to the commercial activity and in which the traders are found in relation to one another on an equal footing with respect to the law.

Duty of a Commercial Lawyer 

Duty of a Commercial Lawyer

A commercial and business lawyer’s primary duty is to assist his clients by giving them legal choices and advice on how to make decisions in a commercial setting. Corporate lawyers provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial agreements, managing and assisting in the resolution of commercial conflicts, and negotiating technological license deals. This aids corporate, industrial, and commercial clients in managing their internal business processes.

A corporate law attorney will offer the required assistance in preparing documentation for the company, helping you make the right choices also allowing you to determine the dangers facing your business:

  • Commercial contracts – negotiations, drafts, additions, modifications, termination, and insertion clauses in any commercial contract; 
  • Commercial litigation – assistance or representation in the pre-trial negotiation phase and before the courts; 
  • Receivable recovery
  • commercial property – exploitation and protection, trademark registration 
  • Modifications of Constitutive Acts
  • Legal Advice

What exactly do corporate lawyers do?

Corporations or large firms are frequently the clients of commercial attorneys. As a result, a typical day can include tasks like reading and amending contracts, drafting legal documents for organizations, and analyzing corporate mergers. On the client’s part, it could also be necessary to possess strong negotiating abilities for the conditions of a contract or license agreement. As a result, the task will depend on your area of expertise as a business lawyer. However, a number of business attorneys are referred to as “commercial lawyers,” which means that they primarily serve one client and focus on the business’s legal difficulties.

Commercial and business attorneys frequently deal with litigation involving commercial disputes that take the conventional form of contractual claims. Commercial attorneys’ jobs include requesting that applicants assist their clients with litigation and assist them in being ready for potential opposition.

What makes excellent commercial lawyers?

A skilled business lawyer must possess great academic credentials, the capacity to think creatively, strong communication and negotiation abilities, and thorough attention to detail. To succeed in corporate and commercial law, you must acquire exceptional business and commercial law knowledge, current trends, and legislative and regulatory developments.

Additionally, you’ll need to become knowledgeable about commercial and company legislation in other nations where your clients have operations or want to make investments.

A commercial and corporate law attorney develops effective solutions.

A lawyer with expertise in business law has the responsibility of continuously studying the legal difficulties pertaining to the economic activity engaged in by his clients, in addition to advocating for them in court and offering the best solutions specific to each case. The client must therefore seek the finest answers for her situation and make use of the outcomes provided as soon as feasible.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive.

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Commercial Law
The importance of commercial law for businesses

The business world may be challenging and even downright unpleasant. Small businesses unexpectedly find themselves in a legal minefield or maze when a customer, employee, or business partner becomes troublesome. To have someone on your side when you need support, it’s usually a good idea to have a working relationship with some business lawyers who are familiar with the industry and comprehend the challenges at hand.

When it comes to how it applies to particular circumstances, commercial law is frequently very complicated. Since this is a very complex field of law, non-specialist attorneys frequently cannot offer much assistance. The sheer variety of potential problems necessitates expert handling.

As an illustration, the following are some of the topics addressed by commercial law:

  • Contract law
  • Commercial lawyers Sydney
  • Public liability
  • Business conduct
  • Consumer law
  • Commercial disputes
  • Commercial property, and 
  • Supply chain problems

These problems can, however, also be combined, and they are never straightforward. Additionally, complicating matters is the possibility of several parties to a dispute.

What the Commercial Law Covers

Commercial Law Covers

Commercial law is the body of legislation tasked with regulating business; it covers all aspects of commercial transactions and the legal repercussions of business interactions. It is crucial for people and organizations involved in regular business and commercial operations. The practice of commercial law assures compliance with all applicable laws governing business and commercial transactions, fostering an environment conducive to reasonable and fair business practices.

Without the guiding principles supplied by commercial law regulations, unethical and unjust company practices that do not adhere to ethical standards would be allowed to flourish. Due to its emphasis on regulating business civil actions, the area is typically considered a part of civil law. However, the consequences of breaking this code of law could result in both civil and criminal measures being taken against those who do so.

The goals of a corporate lawyer

Commercial law is one of the most common practice areas for lawyers globally. A commercial lawyer can work in a variety of industries, such as the private sector as a corporate lawyer or the public sector as a regulatory counsel. A commercial lawyer will most likely be a legal expert in corporate law, antitrust law, patents, intellectual property, and other business-related laws.

A lengthy education is required to become a business lawyer, which may begin with undergraduate studies. Although a bachelor’s degree in law is not necessary to work as a business lawyer, those who are interested in the field may opt to study for one in a closely connected field, such as business, economics, or communications.

The concept of commercial law is that it is a particular law that applies to specific people and activities. Its content is created by patrimonial legal relationships of a commercial nature (acts and deeds of trade); additionally, it is created by non-patrimonial relationships that are relevant to the commercial activity and in which the traders are found in relation to one another on an equal footing with respect to the law.

Duty of a Commercial Lawyer 

Duty of a Commercial Lawyer

A commercial and business lawyer’s primary duty is to assist his clients by giving them legal choices and advice on how to make decisions in a commercial setting. Corporate lawyers provide legal guidance on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial agreements, managing and assisting in the resolution of commercial conflicts, and negotiating technological license deals. This aids corporate, industrial, and commercial clients in managing their internal business processes.

A corporate law attorney will offer the required assistance in preparing documentation for the company, helping you make the right choices also allowing you to determine the dangers facing your business:

  • Commercial contracts – negotiations, drafts, additions, modifications, termination, and insertion clauses in any commercial contract; 
  • Commercial litigation – assistance or representation in the pre-trial negotiation phase and before the courts; 
  • Receivable recovery
  • commercial property – exploitation and protection, trademark registration 
  • Modifications of Constitutive Acts
  • Legal Advice

What exactly do corporate lawyers do?

Corporations or large firms are frequently the clients of commercial attorneys. As a result, a typical day can include tasks like reading and amending contracts, drafting legal documents for organizations, and analyzing corporate mergers. On the client’s part, it could also be necessary to possess strong negotiating abilities for the conditions of a contract or license agreement. As a result, the task will depend on your area of expertise as a business lawyer. However, a number of business attorneys are referred to as “commercial lawyers,” which means that they primarily serve one client and focus on the business’s legal difficulties.

Commercial and business attorneys frequently deal with litigation involving commercial disputes that take the conventional form of contractual claims. Commercial attorneys’ jobs include requesting that applicants assist their clients with litigation and assist them in being ready for potential opposition.

What makes excellent commercial lawyers?

A skilled business lawyer must possess great academic credentials, the capacity to think creatively, strong communication and negotiation abilities, and thorough attention to detail. To succeed in corporate and commercial law, you must acquire exceptional business and commercial law knowledge, current trends, and legislative and regulatory developments.

Additionally, you’ll need to become knowledgeable about commercial and company legislation in other nations where your clients have operations or want to make investments.

A commercial and corporate law attorney develops effective solutions.

A lawyer with expertise in business law has the responsibility of continuously studying the legal difficulties pertaining to the economic activity engaged in by his clients, in addition to advocating for them in court and offering the best solutions specific to each case. The client must therefore seek the finest answers for her situation and make use of the outcomes provided as soon as feasible.

Additionally, excellent corporate lawyers excel at project management, have in-depth knowledge of corporate law, are able to see both the big picture and the details, exercise excellent judgment, communicate with the client effectively to ensure everyone is on the same page, comprehend the client’s goals, and are responsive.

HOA Rental Restrictions – Owner Perspectives
Oct, Wed, 2018
HOA Rental Restrictions – Owner Perspectives

My homeowner association is trying to take away my property rights!  They say I can’t rent my home to a tenant.  They can’t do that! 

I’ve lost track of how many times I’ve heard those words from upset owners of condos and townhouses. Most Americans firmly believe they should be able to do whatever they want with their real estate, as long as no laws are broken.  After all, isn’t the ability to lease one of the basic rights of property ownership?

Normally, yes.  But owning a home in an HOA community is different.  When someone buys a condo or townhouse, their property is subject to the recorded Covenants, Conditions, and Restrictions (CC&Rs) of the homeowners association.  An essential element of the HOA lifestyle is that individuals must sometimes subordinate their wishes to the community’s best interests.

This is the most overlooked and misunderstood aspect of living in an HOA community. The majority decides what is best for the association and those decisions are binding on everyone.  Those with the power to set policies can also change them at any time (with a few exceptions). 

So when changes happen, it’s rarely accurate to say that a property right has been taken away from owners.  Instead, owners gave up certain rights for the HOA’s benefit at the time of purchase.  That’s why if the majority votes to limit leasing, those who disagree must still comply.

Must Read: Why You Don’t Own Your Front Yard

Human nature is partly responsible for the renting issue being so contentious.  Nothing speaks to us as loudly as our own self-interest.  Owners feel they should be able to lease their units whenever and however they want.  But deep down, those same people are not as steadfast about the neighbors’ right to do so.  What if the other owner(s) chooses tenants that break the HOA rules or cause property damage?  What if so many people decide to lease that the development begins to look and feel like a rental community?  Won’t that hurt the area’s ambiance and property values?

It’s easy to feel sympathy for owners who need to rent their condo or townhouse, but can’t.  This is especially true when the rental restrictions were passed after that particular owner bought. That feels unfair, like changing the rules of a game while it’s being played.  But it’s legal, as long as the lease limitation was adopted properly and there is no conflicting state law.

However, being legal doesn’t necessarily make leasing restrictions a good idea.  People’s lives change and that sometimes requires moving.  Losing a job, changes in marital status or medical issues can all create the need to sell one’s current home.  Unfortunately, the real estate market for the past few years has been a seller’s nightmare.

Lease restrictions work best in hot real estate markets because they prevent too many investors in HOA communities that want to remain mostly owner-occupied.  But in a bad market, these restrictions can harm owners and the neighborhood.  When owners can’t sell quickly and can’t have a tenant, the financial and emotional strain of an unwanted property leads to short sales, foreclosures, and abandoned real estate.  All of these outcomes drive down property values, the very thing rental restrictions are meant to preserve!  In these circumstances, HOA Boards would be wise to liberally grant hardship exceptions to the rental ban.

admin admin
Rental home
HOA Rental Restrictions – Owner Perspectives

My homeowner association is trying to take away my property rights!  They say I can’t rent my home to a tenant.  They can’t do that! 

I’ve lost track of how many times I’ve heard those words from upset owners of condos and townhouses. Most Americans firmly believe they should be able to do whatever they want with their real estate, as long as no laws are broken.  After all, isn’t the ability to lease one of the basic rights of property ownership?

Normally, yes.  But owning a home in an HOA community is different.  When someone buys a condo or townhouse, their property is subject to the recorded Covenants, Conditions, and Restrictions (CC&Rs) of the homeowners association.  An essential element of the HOA lifestyle is that individuals must sometimes subordinate their wishes to the community’s best interests.

This is the most overlooked and misunderstood aspect of living in an HOA community. The majority decides what is best for the association and those decisions are binding on everyone.  Those with the power to set policies can also change them at any time (with a few exceptions). 

So when changes happen, it’s rarely accurate to say that a property right has been taken away from owners.  Instead, owners gave up certain rights for the HOA’s benefit at the time of purchase.  That’s why if the majority votes to limit leasing, those who disagree must still comply.

Must Read: Why You Don’t Own Your Front Yard

Human nature is partly responsible for the renting issue being so contentious.  Nothing speaks to us as loudly as our own self-interest.  Owners feel they should be able to lease their units whenever and however they want.  But deep down, those same people are not as steadfast about the neighbors’ right to do so.  What if the other owner(s) chooses tenants that break the HOA rules or cause property damage?  What if so many people decide to lease that the development begins to look and feel like a rental community?  Won’t that hurt the area’s ambiance and property values?

It’s easy to feel sympathy for owners who need to rent their condo or townhouse, but can’t.  This is especially true when the rental restrictions were passed after that particular owner bought. That feels unfair, like changing the rules of a game while it’s being played.  But it’s legal, as long as the lease limitation was adopted properly and there is no conflicting state law.

However, being legal doesn’t necessarily make leasing restrictions a good idea.  People’s lives change and that sometimes requires moving.  Losing a job, changes in marital status or medical issues can all create the need to sell one’s current home.  Unfortunately, the real estate market for the past few years has been a seller’s nightmare.

Lease restrictions work best in hot real estate markets because they prevent too many investors in HOA communities that want to remain mostly owner-occupied.  But in a bad market, these restrictions can harm owners and the neighborhood.  When owners can’t sell quickly and can’t have a tenant, the financial and emotional strain of an unwanted property leads to short sales, foreclosures, and abandoned real estate.  All of these outcomes drive down property values, the very thing rental restrictions are meant to preserve!  In these circumstances, HOA Boards would be wise to liberally grant hardship exceptions to the rental ban.

Why You Don’t Own Your Front Yard
Oct, Tue, 2018
Why You Don’t Own Your Front Yard

Most Minneapolis homeowners are shocked to learn they don’t own all of their front yards.

 People assume that the public sidewalk abuts the residential property line.  That’s a logical assumption and one that holds true in St. Paul.  So why isn’t it true in Minneapolis? 

As each neighborhood of Minneapolis was first built, developers dedicated part of their land to public right-of-ways by recording a deed or a plat map.  The location and size of those public easements were dictated by the city planners.  Early street right-of-ways were required to be 60 feet wide in residential areas.  Today, the typical width is 66 feet and the area is usually laid out like this:

For some reason, Minneapolis sidewalks have not been placed along the residential property lines.  Instead, the sidewalk edge closest to the house is usually 2-3 feet away from the property line.  This 2-3 foot wide strip looks like the rest of the privately-owned front yard, but it’s subject to a public easement.  And there are some areas where that public strip is 8-13 feet wide!

I couldn’t find a written explanation about why Minneapolis set the sidewalk away from the property line.  But here are some theories, based upon who might have made the decision.

Must Read: HOA Rental Restrictions – Owner Perspectives.

If a city engineer made the decision, it would have been based on cost efficiencies.  When the “extra” strip is placed next to the property line, the right-of-way construction path is narrower and therefore, cheaper.  A narrower swath requires less grading and fill, and affects fewer trees, fences and retaining walls.

If a city attorney made the decision, real estate law was the decisive factor. Because municipal workers would eventually need to repair the sidewalk, the attorney’s advice was to keep some public property on both sides.  Otherwise, workers would have to obtain permission to trespass from each adjacent owner whenever they needed to work in that area.

If politicians made the decision, it would have been aimed at currying political favor from voters.  The elected officials could have claimed they gave home owners a larger front yard for free (even though a public easement was on part of it).

It’s also possible that traditional construction plans dictated the design simply because no one revised them when circumstances changed.  The pavement, boulevard, and sidewalk fully used the original 60-foot wide street right-of-way.  When a 66-foot width later became the new standard, the older and narrower layout may have continued by default, leaving the “extra” 3-foot wide strip next to the property line.

Regardless of why this occurred, take note.  If you are a Minneapolis homeowner, city workers will mow the grass between the sidewalk and your lot line since it’s public land.  Nah, just kidding.  There has long been a municipal ordinance requiring the adjacent property owner to maintain the area between the property line and the curb.

admin admin
Rental home
Why You Don’t Own Your Front Yard

Most Minneapolis homeowners are shocked to learn they don’t own all of their front yards.

 People assume that the public sidewalk abuts the residential property line.  That’s a logical assumption and one that holds true in St. Paul.  So why isn’t it true in Minneapolis? 

As each neighborhood of Minneapolis was first built, developers dedicated part of their land to public right-of-ways by recording a deed or a plat map.  The location and size of those public easements were dictated by the city planners.  Early street right-of-ways were required to be 60 feet wide in residential areas.  Today, the typical width is 66 feet and the area is usually laid out like this:

For some reason, Minneapolis sidewalks have not been placed along the residential property lines.  Instead, the sidewalk edge closest to the house is usually 2-3 feet away from the property line.  This 2-3 foot wide strip looks like the rest of the privately-owned front yard, but it’s subject to a public easement.  And there are some areas where that public strip is 8-13 feet wide!

I couldn’t find a written explanation about why Minneapolis set the sidewalk away from the property line.  But here are some theories, based upon who might have made the decision.

Must Read: HOA Rental Restrictions – Owner Perspectives.

If a city engineer made the decision, it would have been based on cost efficiencies.  When the “extra” strip is placed next to the property line, the right-of-way construction path is narrower and therefore, cheaper.  A narrower swath requires less grading and fill, and affects fewer trees, fences and retaining walls.

If a city attorney made the decision, real estate law was the decisive factor. Because municipal workers would eventually need to repair the sidewalk, the attorney’s advice was to keep some public property on both sides.  Otherwise, workers would have to obtain permission to trespass from each adjacent owner whenever they needed to work in that area.

If politicians made the decision, it would have been aimed at currying political favor from voters.  The elected officials could have claimed they gave home owners a larger front yard for free (even though a public easement was on part of it).

It’s also possible that traditional construction plans dictated the design simply because no one revised them when circumstances changed.  The pavement, boulevard, and sidewalk fully used the original 60-foot wide street right-of-way.  When a 66-foot width later became the new standard, the older and narrower layout may have continued by default, leaving the “extra” 3-foot wide strip next to the property line.

Regardless of why this occurred, take note.  If you are a Minneapolis homeowner, city workers will mow the grass between the sidewalk and your lot line since it’s public land.  Nah, just kidding.  There has long been a municipal ordinance requiring the adjacent property owner to maintain the area between the property line and the curb.

Christmas Valley
Mar, Sun, 2017
The Story of Christmas Valley

Christmas Valley is an unincorporated area in Lake County, Oregon.  It has a population of 749 and was named after nearby Christmas Lake.  The town didn’t exist until 1961 when the M. Penn Phillips Development Company bought 90,000 acres there.  Penn Phillips was a veteran developer who specialized in creating new communities on desert terrain.  In a 1959 Time magazine article, Phillips claimed to have sold more parcels of land (around 100,000) than any man alive.

His development company quickly built 30 miles of roads, 15 homes, a motel, an airstrip, a 40-acre experimental farm, and an artificial lake.  The developer then began offering free plane trips from California for prospective buyers. 

Penn Phillips was charismatic and the picture he painted of the future Christmas Valley was so inviting that 90% of his land sold within three months.  He alternately described the area as ideal for farming, as a retirement mecca, and as a small town with a vibrant old-fashioned Main Street worthy of a Norman Rockwell painting.  He also preached that real estate investments were a great hedge against inflation. 

What was not well-known in 1961 is that Mr. Phillips started the Christmas Valley project after his California business license was suspended.  That suspension cited his company for engaging in “substantial misrepresentation in land sales and failure to exercise reasonable control over sales personnel.”  

By 1963, the town’s infrastructure was complete but only 203 people lived there.  Most residents were surveyors, road builders, or other employees of the Phillips Company.   The community’s goal of 5,000 people by 1965 was unattainable.  Penn Phillips abandoned the development in 1973, at the age of 86.

I know about Christmas Valley because after my father died, we discovered he owned land there.  No one knows why he bought it.  He faithfully paid the $30 property taxes for many years, but never saw the property.  His parcel is in an undeveloped area surrounded by sand dunes and has a negligible market value.

What’s the moral of this story?   Do thorough research and don’t get caught up in a developer’s hype.  Hire a knowledgeable Realtor® to help you understand the pros and cons of buying in particular areas.  And remember, real estate doesn’t come with a “return or exchange” policy.

Must Read

admin admin
Rental home
The Story of Christmas Valley

Christmas Valley is an unincorporated area in Lake County, Oregon.  It has a population of 749 and was named after nearby Christmas Lake.  The town didn’t exist until 1961 when the M. Penn Phillips Development Company bought 90,000 acres there.  Penn Phillips was a veteran developer who specialized in creating new communities on desert terrain.  In a 1959 Time magazine article, Phillips claimed to have sold more parcels of land (around 100,000) than any man alive.

His development company quickly built 30 miles of roads, 15 homes, a motel, an airstrip, a 40-acre experimental farm, and an artificial lake.  The developer then began offering free plane trips from California for prospective buyers. 

Penn Phillips was charismatic and the picture he painted of the future Christmas Valley was so inviting that 90% of his land sold within three months.  He alternately described the area as ideal for farming, as a retirement mecca, and as a small town with a vibrant old-fashioned Main Street worthy of a Norman Rockwell painting.  He also preached that real estate investments were a great hedge against inflation. 

What was not well-known in 1961 is that Mr. Phillips started the Christmas Valley project after his California business license was suspended.  That suspension cited his company for engaging in “substantial misrepresentation in land sales and failure to exercise reasonable control over sales personnel.”  

By 1963, the town’s infrastructure was complete but only 203 people lived there.  Most residents were surveyors, road builders, or other employees of the Phillips Company.   The community’s goal of 5,000 people by 1965 was unattainable.  Penn Phillips abandoned the development in 1973, at the age of 86.

I know about Christmas Valley because after my father died, we discovered he owned land there.  No one knows why he bought it.  He faithfully paid the $30 property taxes for many years, but never saw the property.  His parcel is in an undeveloped area surrounded by sand dunes and has a negligible market value.

What’s the moral of this story?   Do thorough research and don’t get caught up in a developer’s hype.  Hire a knowledgeable Realtor® to help you understand the pros and cons of buying in particular areas.  And remember, real estate doesn’t come with a “return or exchange” policy.

Must Read

How to Challenge an HOA’s Rental Policy
Mar, Sat, 2016
How to Challenge an HOA’s Rental Policy

Frustrated condo and townhouse owners who are not allowed to rent out their units under the HOA’s grandfather clause or a hardship exception often ask “Is there anything I can do to challenge the rental policy?”  The answer is yes, but the challenges will not be quick, easy, cheap, or necessarily successful.  The options include:

1.  Become involved in your homeowner’s association and work to change the rental policy

 Get elected to the HOA Board, if possible.  But even without that, you can organize a group of owners who feel similarly.  Ask the Board to begin the process of amending the Governing Documents so that better rules can be adopted.  Provide a draft of the leasing policy that you believe should replace the existing one. 

2.  Advocate for a change in your state’s laws to limit the power of HOA Boards

Only a few states have done this and not surprisingly, they are the ones with the heaviest foreclosure burdens.  As an example, rental rights in Florida condominiums are now grandfathered in by law.  Changes in the ability to rent would only apply to current owners who consented to the amendment or owners who take the title after the amendment is recorded.  Minnesota does not have a similar law.

3.  Are the Fannie Mae mortgage requirements about owner-occupancy the main reason your HOA is rejecting leases? 

If the rental cap has been met but there is further demand by owners, make sure the Board knows that FNMA expanded the allowable percentage of rentals over the past few years.   And even if the condo’s leasing percentage is too high under current guidelines, it is possible to get a waiver.   The key is to find a loan officer willing to apply for a waiver through the FNMA Project Eligibility Review Service (PERS).  You can find more info here.  Also, the highly-desirable FHA loans require an owner-occupancy rate of only 51%.

4.  File a lawsuit against the HOA

This step should never be undertaken lightly.  People who use their homeowner association are essentially suing their neighbors and themselves.  Lawsuits consume cash at an alarming rate and often destroy goodwill in the neighborhood, regardless of who wins.  You should also know that the odds are heavily tilted in favor of the HOA.  The law gives considerable discretion to the HOA Board and its decisions are presumed valid until proven otherwise.

5.  Find a fatal flaw in the amendment process that passed the rental restriction

This route is discussed in the article “HOA Rental Policies – Procedural Flaws That Matter.” 

admin admin
Rental Policy
How to Challenge an HOA’s Rental Policy

Frustrated condo and townhouse owners who are not allowed to rent out their units under the HOA’s grandfather clause or a hardship exception often ask “Is there anything I can do to challenge the rental policy?”  The answer is yes, but the challenges will not be quick, easy, cheap, or necessarily successful.  The options include:

1.  Become involved in your homeowner’s association and work to change the rental policy

 Get elected to the HOA Board, if possible.  But even without that, you can organize a group of owners who feel similarly.  Ask the Board to begin the process of amending the Governing Documents so that better rules can be adopted.  Provide a draft of the leasing policy that you believe should replace the existing one. 

2.  Advocate for a change in your state’s laws to limit the power of HOA Boards

Only a few states have done this and not surprisingly, they are the ones with the heaviest foreclosure burdens.  As an example, rental rights in Florida condominiums are now grandfathered in by law.  Changes in the ability to rent would only apply to current owners who consented to the amendment or owners who take the title after the amendment is recorded.  Minnesota does not have a similar law.

3.  Are the Fannie Mae mortgage requirements about owner-occupancy the main reason your HOA is rejecting leases? 

If the rental cap has been met but there is further demand by owners, make sure the Board knows that FNMA expanded the allowable percentage of rentals over the past few years.   And even if the condo’s leasing percentage is too high under current guidelines, it is possible to get a waiver.   The key is to find a loan officer willing to apply for a waiver through the FNMA Project Eligibility Review Service (PERS).  You can find more info here.  Also, the highly-desirable FHA loans require an owner-occupancy rate of only 51%.

4.  File a lawsuit against the HOA

This step should never be undertaken lightly.  People who use their homeowner association are essentially suing their neighbors and themselves.  Lawsuits consume cash at an alarming rate and often destroy goodwill in the neighborhood, regardless of who wins.  You should also know that the odds are heavily tilted in favor of the HOA.  The law gives considerable discretion to the HOA Board and its decisions are presumed valid until proven otherwise.

5.  Find a fatal flaw in the amendment process that passed the rental restriction

This route is discussed in the article “HOA Rental Policies – Procedural Flaws That Matter.”