02 octubre

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My Legal Rights as a Subpoenaed Witness

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The conventional wisdom about the UAE is that it was built on oil first and property second. The country’s most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn’t added to the pack, which combined gives Dubai the tittle of the world’s tallest city.

Broker’s activities are regulated by the Real Estate Brokers Register in Dubai under bylaw No. 85, and under this law is a broker’s defined as “any person who undertakes real estate brokerage business in accordance with this bylaw”.But the economic bounty that property has brought to the country has a fraught history, with the rapid pace of development leading to a burst property bubble during the recession years. Big lessons were learned as a result of this and new bylaws introduced. However, laws were already in place governing the responsibility played by the property brokers who act as intermediaries in negotiating property deals.

If, as is happened commonly during the recession, property developers fold, file for bankruptcy or flee the country, the duties of the broker to the buyer will come under close inspection.

The broker, who has provided information on the property and helped match the buyer with the developer, must have acted according to the code of ethics encapsulated under bylaw No. 85.

That means the broker must have acted in a transparent manner in his role as broker, he must have provided all necessary, accurate details about the property to the buyer and have put the buyer no duress or pressure to purchase the property.

This requirement does not relieve the buyer from their duties of due diligence when considering a purchase and some level of sales tactics on the part of the broker will be deemed permissible. Because the terms of a sales and purchase agreement will by-and-large exist only between the purchaser and developer, the buyer should take all precautions in properly investigating both the property developer and the property broker before embarking on a negotiation.

Questions a potential purchaser would be well advised to ask include checking whether the broker is licensed to operate in Dubai; whether the project is licensed with the Dubai Land Department (DLD) and whether an escrow or trust account exists to hold purchaser’s funds in until handover; whether the relationship between the broker and developer is registered with the DLD; and whether the broker is a competent figure and able to answer all questions ask of them.

However, the duties incumbent on the broker include:

Ensuring the good standing and viability of the property developer and that the developer is registered with the DLD.
That a clear and concise contract exists to govern the relationship between developer and broker. It is recommended this agreement also be registered with the DLD.
The broker must ensure all information provided to buyers is accurate and transparent and the broker must in no way mislead any purchaser.
The broker is expected to hold on to copies of any relevant documents or other items relating to a purchase and sale transaction.

If all these duties are adhered to, the broker is unlikely to be held liable for any situation where the developer becomes insolvent or the project fails to materialise. This is enshrined in law by Article 267 of The Commercial Code, which states: “The broker is not required to guarantee the solvency of the two parties to the transaction in which he intermediates. He shall bear no liability of the goods related thereto, unless it is established that he committed an act of fraud or fault and he is held for guarantee under the agreement or the law”.

As always, if you are considering acting as any party to such a transaction and would like more clarity related to the laws governing such commercial activities please don’t hesitate to seek legal counsel.

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09 diciembre

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Legal Do’s and Don’ts of Property Purchase

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in Civil Rights, Legal Advice

[vc_section]

The conventional wisdom about the UAE is that it was built on oil first and property second. The country’s most populous city Dubai is a living shrine to the role property has played in building society from the ground up; hardly a week goes by when a gleaming new skyscraper isn’t added to the pack, which combined gives Dubai the tittle of the world’s tallest city.

If, as is happened commonly during the recession, property developers fold, file for bankruptcy or flee the country, the duties of the broker to the buyer will come under close inspection.

The broker, who has provided information on the property and helped match the buyer with the developer, must have acted according to the code of ethics encapsulated under bylaw No. 85.

However, the duties incumbent on the broker include:

Ensuring the good standing and viability of the property developer and that the developer is registered with the DLD.
That a clear and concise contract exists to govern the relationship between developer and broker. It is recommended this agreement also be registered with the DLD.
The broker must ensure all information provided to buyers is accurate and transparent and the broker must in no way mislead any purchaser.
The broker is expected to hold on to copies of any relevant documents or other items relating to a purchase and sale transaction.

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09 diciembre

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The Top 5 Defense Tactics for DWI Case

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in Advocacy, Civil Rights

A DWI Lawyer Pennsylvania will assess all the facts of your case and then have a lengthy discussion with you about his opinion on your charges. They will inform you how it is going to approach your defense.

The first concern of the people who have been charged with a DWI (Driving While Intoxicated) is whether they need to hire a DWI Lawyer Pennsylvania or not. The fine charged for the repeat and first time offenders varies and the amount could be in thousands. It is possible that your license may be suspended and may have to spend some time in jail. These two possibilities can result in severe consequences such as you losing your job and eventually your financial stability. If guilt is recognized by your own plea or a jury trial then the penalty you will receive will depend on the particular state law where the incident occurred.

Some of the states necessitate obligatory jail even if it is your first offence. These are the five defenses that your DWI Lawyer Pennsylvania might consider after the evaluation of your case.

[vc_custom_heading text=”Illegitimate Stop” font_container=”tag:h4|text_align:left” use_theme_fonts=”yes”]

One of the most common used defenses in drunken driving case is that your DWI lawyer can claim illegitimate stop after he has evaluated the circumstance as to why the police officer pulled you over. You might have a valid defense, if the officer had pulled you over for no valid reason. A probable cause might include easy-to-view defect in the car’s safety equipment, traffic violation or some kind of driving movement that can indicated that you were driving while intoxicated.

[vc_custom_heading text=”Field Sobriety Test Error” font_container=”tag:h4|text_align:left” use_theme_fonts=”yes”]

Your DWI Lawyer Pennsylvania can claim to get your charges dropped if the arrest was based on an unaccepted field sobriety test. The test done may have been inappropriately administered or the result based on which the arrest was made might have been completely inaccurate. For instance, there is a test called HGN or Horizontal Gaze Nystamagus is frequently challenged for its imprecision in detecting the eye movements that is generally associated with an individual under the influence.

[vc_custom_heading text=”Inaccurate Portable Breathalyzer Test” font_container=”tag:h4|text_align:left” use_theme_fonts=”yes”]

You would have a valid defense if the arrest was made after administrating an imprecise portable breathalyzer test. Your DWI Lawyer Pennsylvania can question the officer whether he was trained for using the portable breathalyzer, if there were any intervening factors like vomiting or if the device had been subjected to routine calibration or maintenance.

[vc_custom_heading text=”Improper Police Actions” font_container=”tag:h4|text_align:left” use_theme_fonts=”yes”]

This one has variety of options such as whether the officer who arrested you had dishonored any of your civil rights. For instance, if there is any evidence or testimony that the police officer acted inappropriately or faked the report.

[vc_custom_heading text=”Blood Test Handled Unlawfully” font_container=”tag:h4|text_align:left” use_theme_fonts=”yes”]

This is another option that can be used if your blood test was not done properly or if the test was tampered with or mishandled right through the chain of custody. The prosecution has to show that proper standards were maintained so that your blood sample can be used as evidence. The state DWI laws are different all across the US but a professional DWI Lawyer Pennsylvania can evaluate all the technicalities regarding your case and help you in achieving favorable results.

10 noviembre

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Copyright Law and Optional Deposit

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in Civil Rights, Copyright

The Register of Copyrights is authorized to specify by regulation the administrative classes into which works are to be placed for purposes of deposit and registration, and the nature of the copies or phonorecords to be deposited in the various classes specified. The regulations may require or permit, for particular classes, the deposit of identifying material instead of copies or phonorecords, the deposit of only one copy or phonorecord where two would normally be required, or a single registration for a group of related works. This administrative classification of works has no significance with respect to the subject matter of copyright or the exclusive rights provided by this title.

The rule is amended to emphasize that just as the court should construe and administer these rules to secure the just, speedy, and inexpensive determination of every action, so the parties share the responsibility to employ the rules in the same way. Most lawyers and parties cooperate to achieve these ends. But discussions of ways to improve the administration of civil justice regularly include pleas to discourage over-use, misuse, and abuse of procedural tools that increase cost and result in delay. Effective advocacy is consistent with — and indeed depends upon — cooperative and proportional use of procedure.

This amendment does not create a new or independent source of sanctions. Neither does it abridge the scope of any other of these rules.

One of the reasons sanctions against improper motion practice have been employed infrequently is the lack of clarity of Rule 7. That rule has stated only generally that the pleading requirements relating to captions, signing, and other matters of form also apply to motions and other papers. The addition of Rule 7(b)(3) makes explicit the applicability of the signing requirement and the sanctions of Rule 11, which have been amplified.

Copies or phonorecords deposited for the Library of Congress under section 407 may be used to satisfy the deposit provisions of this section, if they are accompanied by the prescribed application and fee, and by any additional identifying material that the Register may, by regulation, require. The Register shall also prescribe regulations establishing requirements under which copies or phonorecords acquired for the Library of Congress under subsection (e) of section 407, otherwise than by deposit, may be used to satisfy the deposit provisions of this section.

The Register may also establish, by regulation, formal procedures for the filing of an application for supplementary registration, to correct an error in a copyright registration or to amplify the information given in a registration. Such application shall be accompanied by the fee provided by section 708, and shall clearly identify the registration to be corrected or amplified. The information contained in a supplementary registration augments but does not supersede that contained in the earlier registration.

10 noviembre

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Effective Advocacy and Procedure Consistency

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in Advocacy, Civil Rights

This amendment does not create a new or independent source of sanctions. Neither does it abridge the scope of any other of these rules.