Author Archives: Larry Bray
Contracts and the Meeting of the Minds
When it comes to contracts and making them enforceable, all the parties to the contract need to be on the same page. There is a phrase for this, called the “meeting of the minds,” and although it may sound silly or almost science-fiction like, it’s actually an important part of contractual enforcement and drafting… Read More »
Do You Have Jewelry? Then You Need an Estate Plan
When thinking of an estate plan, and of the property that you own, there’s one piece of sometimes valuable property that really needs to be accounted for in an estate plan: your jewelry. Although it seems like just another piece of personal property to be left to whomever you deem it to be left… Read More »
The Rights of Minority Shareholders
Here in America, the great thing is that minorities matter, and have a voice—and that includes if you are a minority shareholder. Yes, don’t let the “minority” word fool you when it comes to shareholders. Because as a minority shareholder, you do have rights, and if you’re a business with minority shareholders, you should… Read More »
You’re Still a Fiduciary, Even When Your Company is Winding Down
There may come a time when your business needs to wind down its operations. And when it does, you’ll have two forces tugging at you, if you’re an owner or higher level officer. On the one hand, you’ll have creditors (which may be why you’re winding down operations in the first place). On the… Read More »
Back Owed Child Support Can be Paid From Estate Assets in Probate
When someone passes away, creditors can make claims on the deceased’s estate. We tend to think of creditors as companies that are owed money, but there’s always someone else that may be owed money when someone passes away: a minor child. Unpaid Arrearages in Probate Court Many people pass away, with back owed child… Read More »
Renting Your Property Out? Have You Considered These Things?
In today’s hot real estate market, it may seem like there aren’t a lot of places to buy, or at least, not many to buy affordably. True or not, that perception does create quite a demand for rentals. You may be wondering if it is a good idea to buy property and rent it… Read More »
Waiving a Real Estate Appraisal Contingency: Be Careful
If you’re buying a home, the home will need to be appraised. Many of us don’t give much thought to the appraisal. But in a tight real estate market, with buyers vying for a limited supply of houses, many buyers are trying to be more competitive by waiving what is known as the appraisal… Read More »
The Benefits of Tenancies by the Entireties
When you buy a house, one thing to consider is how to own the house, if you are buying it with someone else. If that someone else happens to be a spouse, you’ll have another option—the option to purchase and title the home in both of your names, as a tenancy by the entirety,… Read More »
The Good and Bad of the Realtor’s Lawsuit Settlement
You may have heard that the National Association of Realtors (NAR) just recently settled a major class action lawsuit, and that the outcome of the suit will likely alter home prices. But what does the settlement actually mean, and what was it about? Realtors Commissions As you likely know, when you buy or sell… Read More »
Fraud in the Inducement: Fraud Before the Contract is Formed
You may already know that many times, we sign contracts, and we end up defrauded. That’s not just a breach of contract, but rather, a knowingly deceitful act by one party, made while knowing that the other party was going to rely on the (mis)representation. But there are times when we are actually defrauded… Read More »
