Category: Law

Knowing the Basics of Escrow Law When Purchasing Pleasanton Real Estate

During the process of home buying, you’ll likely hear the term escrow many times. This can be a little bit confusing to many people, especially first time buyers. It’s your right, as a buyer of Pleasanton homes for sale, to understand escrow and the laws that govern it.

What is an Escrow?

An escrow is defined as anything of value to a party, such as a deed, a document, or money, held by an unbiased third party to be used or delivered to another party after fulfilling a certain event, condition, or obligation. The term is also used to refer to the transaction itself.

Escrow Law

For the protection of the parties who entrust their assets to escrow agents in Pleasanton or anywhere in California, the Escrow Law was enacted. Escrow agents, Internet escrow agents, and joint control agents are subject to its provisions.

An escrow agent is someone who is engaged in the field of receiving escrows for the purpose of delivery or deposit, while an Internet escrow agent is someone who is also engaged in this business, but does it over the Internet.

On the other hand, a joint control agent is any individual who receives money or other assets for spending or payment of the cost of services, materials, labor, fees, permits, or any other things acquired in the building of real property improvements.

Under the Escrow Law, anyone involved in the escrow or joint control business is required to be a corporation that is arranged for that function and must be licensed by the Commissioner. Also, all Internet escrow agents are subject to the licensure requirements. However, there are some individuals who are exempted from such requirements:

1. An individual who does business under any state or federal law that is related to insurance companies, savings and loan or building and loan associations, trust companies, or banks.

2. Any individual who has a license to practice law in this state and has a valid business relation with a principal in a personal property transaction or real estate; also, someone who isn’t engaged in an escrow agent’s business.

3. An individual whose main business is making searches or preparing abstracts of title used as a basis for the distribution of a title insurance policy by a certain company that is subject to any state law related to insurance companies.

4. A real estate broker that has a license from the Real Estate Commissioner while working in a transaction wherein he/she is an agent and is required to have a real estate license.

Below are the requirements to be able to get a license under the Escrow Law:

1. Pay the application fee
2. Must be a member of the EAFC or the Escrow Agents’ Fidelity Corporation
3. File a fidelity bond
4. Submit audited financial records that show the minimum financial requirements
5. File a surety bond of no less than $25,000
6. Must undergo background checks done by the Department
7. Must reach the minimum required experience
8. Has to provide a signed affidavit as proof that he/she is familiar with the Escrow Law
9. Must file a branch office application

If you’re purchasing a property in Pleasanton real estate, it’s essential to understand the legal aspects of the home buying process, including the Escrow Law.

Tips for Choosing Criminal Law Solicitors

Sometimes you find yourself needing criminal law solicitors because of something you did, and sometimes you need them because of something someone else did. But no matter what the reason for needing a criminal law solicitor, there’s no reason to be hasty about which solicitor you choose. It’s important to take your time and secure the right representation so that your case has the greatest likelihood of turning out in your favour.
6 Tips to Help You in Choosing Criminal Law Solicitors

Recommendations and Reviews
Start by asking for recommendations from people you know and trust. There is no better place to start because you can trust the advice they give you. Anyone who has worked with a criminal law solicitor and had a good experience will be more than happy to tell you about it.

Appointments
Set up appointments with about two or three different solicitors so that you can meet them and explain what you need. They may be able to give you some ideas about what they would do to help you get out of the sticky situation you have landed in.

Solicitor’s Experience
You should also ask about each solicitor’s experience. Someone with years of experience obviously would be better representation than someone who is just out of law school. There is simply no substitute for raw experience, so try to find a solicitor who has courtroom experience as well because trying a case in a courtroom is different than other types of cases.

Quality
Also spend some time thinking about the kind of qualities that are important to you. You must be able to connect with the solicitor. If you can’t, then there is probably someone else who would do a better job. If you can’t make a connection, then the case will just be that much more difficult. This is also the time to decide whether the qualities you are looking for are more important than experience. Just prioritise the qualities you want and try to find a solicitor who meets as many of those qualities as you can find.

Management Positions
Find out about any awards or management positions the solicitors have held in their recent past. You can get an idea about what his or her colleagues think about them from this information. Also it’s a good idea to check and see which law organisations they belong to.

Cases
Try to find out how many cases the solicitor is working on at that time. It is recommended that lawyers handle not more than 100 cases at one time. If the solicitor is covering too many cases, then he or she will have less time to work on your case, so it’s important to try to get a gauge for how many cases they have at the moment.

Hiring criminal law solicitors is an important part of the process of fixing your problems. This isn’t the time to let just anyone handle your case. You should be vigilant when choosing a solicitor to represent you in such a serious situation.

Employment Lawyer Your Very Best Asset to Legal Representation and also Success

New York City is a Mecca of opportunities, exactly where people who have the determination and abilities to reach their dreams could see immense success. The competition is cutthroat, which motivates people to give their very best in everything they do. However in the Big Apple, lawsuits are common and found on a daily basis. Legal complaints are usually about employment issues, and to obtain a reputable employment lawyer is very important./p>

Almost all big companies have group of lawyers who are always prepared to turn down any personnel in the court if she or he gets associated with employment-related issues. On the other hand, workers also have rights under the law. Employers could possibly violate your rights. If this happens, then make sure to get expert advice from a NYC employment attorneys. During times of work-related issues, the employee must take legal action immediately. This is simply because delaying legal action will only hamper the probability of winning the case.

Many people think that you will only require employment attorneys when legal action has been submitted, but this isn’t true at all. Remember that lawsuits are not just expensive; they are time consuming and psychologically draining as well. It is far better to stay away from a large-scale legal battle by settling disputes first, which is done by court settlement with your employer. You’ll be helped by a New York employment attorney throughout the process. This is to make sure that the result of the negotiation will be advantageous on your part.

If litigation is inescapable on your behalf and your boss, then be sure to seek assistance from an employment attorney at once. Employment laws are difficult, and lawmakers normally do amendments on them. Traps and loopholes are common in law. As soon as you make a false move, your odds in winning the case will fall. Because of this, just employ an attorney who has specializations in employment and civil litigation law. Choosing a seasoned New York employment attorney who has a good reputation with regards to winning more cases is an advantageous move.

Small businesses and non-profit organizations normally employ the services of Employment lawyers NYC due to their extensive knowledge on employment laws. With the help of these professionals, business people can follow appropriately in all New York?s policies for employment. Security standards and also other employer duties should be met, without taking consideration of the company?s size. Additionally, to ensure there are no violations of the employment laws, companies can also get the services of employment attorneys to make a draft regarding the company policies.

Like most people, you most likely don?t know where to start or what action should you do first. The very good news is, you can get in touch with employment attorneys NYC for appointment. By informing them your situation and the whole truth, they’ll know the most effective ways on how to solve your problem. The employment lawyer that will handle your case will work closely along with you in making legal strategies that is tailored to assist meet your goals.

Bear in mind that you should adhere to the steps offered so as for you to contact Employment Attorney appropriately. Seeking instant results is something that you should carry out, but patience is a thing that you also need to own. A website you might want to check out is http://www.youngandma.com because it can give added support about this subject, therefore never think twice to have it bookmarked.

The Law Of Attraction & An Inspirational Story Of Gratitude

I was sent this story as a PowerPoint presentation today by a friend. I thought that it was wonderful and I needed to share it with all of you. .

Two men both seriously ill, occupied the same hospital room. One man was allowed to sit up in his bed for an hour each afternoon to help drain the fluid from his lungs. His bed was next to the rooms only window.
The other man had to spend all his time flat on his back.

The men talked for hours on end. They spoke of their wives and families, their homes, their involvement in the military service, where they had been on vacation.

Every afternoon, when the man in the bed could sit up, he would pass the time by describing to his roomate all the things he could see outside of the window. The man in the other bed began to live for those one hour periods where his world would be broadened and enlivened by all the activity and colour of the world outside.

The window overlooked a park with a lovely lake. Ducks and swans played on the water while children sailed their model boats. Young lovers walked arm in arm amidst folwers of every colour and a fine view of the city skyline could be seen in the distance.

As the man by the window described all this in exquisite details, the man on the other side of the room would close his eyes and imagine the picturesque scene. One warm afternoon, the man by the window described a parade passing by. Although the other man could not hear the band, he could see it in his minds eye as the gentleman by the window portrayed it with descriptive words.

Days, weeks and months passed.

One morning, the day nurse arrived to bring water for their baths only to find the lifeless body of the man by the window, who had died peacefully in his sleep. She was saddened and called the hospital attendants to take the body away.

As son as it seemed appropriate, the other man asked if he could be moved next to the window. The nurse was happy to make the switch and after making sure he was comfortable, she left him alone.

Slowly, painfully, he propped himself up on one elbow to take his first look at the real world outside. He strained to slowly turn and look out the window beside the bed.

It faced a brick wall.

The man asked the nurse what would have compelled his deceased roommate who had described such wonderful things outside this window. The nurse responded that the man was blind and could not even see the wall. She said, Perhaps he just wanted to encourage you.

Epilogue:
There is tremendous happiness in making others happy despite our own situations. Shared grief is half the sorrow, but happiness when shared, is doubled. If you want to feel rich, just count all things you have that money cant buy. Today is a gift that is why it is called The Present

There are so many points for you to take from this story:

We are all so busy trying to make it in life that we often miss how grateful we should be for the smaller things in life, like, having someone to talk to or someone to share our day with.
What a wonderful thing it is to make someone elses day a little brighter, no matter what is going on in yours. If you take on this attitude then you will attract more of the same into your life. It really is a win-win situation.
The power of visualisation to change our lives completely. You can take yourself to a different place, where life may be as you want it. You can take yourself to a place where you are feeling different emotions. It shows that through visualisation you have the power to create a different life for yourself. If you want something different in your life and you want it immediately then visualise yourself having it.
Today is a gift that is why it is called The Present. You want to be visualising your future goals, but dont forget to live in the present, in the moment. Be grateful for all you have and enjoy the time you have right now. It is said that a year in the future is closer to you than 10 minutes ago because you can never go back to that time, only forward.
Grasp life with both hands. Be grateful for everything you have right now, big or small. Use visualisations to picture what your future will be.

I hope you enjoyed the story as much as I did.

Definition And Use Of Tort Law

Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging conduct or for monetary compensation for damages encountered.

There are several types of damages an injured party may make claim and receive compensation from, such as : loss of wage capacity, pain and suffering, undue mental duress, and reasonable medical expenses. Claims can include both present and future expected losses. Included amongst the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional distress (harassment).

Torts also fall into three general categories:

1.intentional torts (e.g., intentionally harming a person);

2.negligent torts (causing an accident by failing to obey traffic rules); and

3.strict liability torts(e.g., liability for knowingly making and selling defective products

Intentional torts are those wrongs which the defendant had knowledge of, or by reason should have known, would occur through their direct involvement, being a part of or intentional lack of action. Negligent torts are when the defendant’s actions are deemed unreasonably unsafe. Strict liability wrongs don’t depend on how little the defendant’s sense of responsibility was, but is established after the fact, when a particular action causes damage. A person may operate in a unreasonable manner but is not subject to tort until a claim to cease and desist or call for compensation is made.

Tort law is derived through common law Judges and enacted into state law by legislatures which enact statutory law.

General Principle Torts (1) Any one who invades the privacy rights of another is subject to liability payment for any resulting damage to the interests of the person who was harmed. Privacy invasion is explained by: (a) unreasonable intrusion upon the seclusion of another, or (b) identity theft, appropriation of the other’s name or likeness, or (c) Malicious, false or unreasonable publicity given to other person’s private life, or (d) publicity of an unreasonably nature that places the other person in a false light before the public, Intrusion upon Seclusion is a person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another person or his/her private affairs or concerns. The wrong doer is subject to liability to the wronged for invasion of privacy, if the intrusion is seen as highly offensive to a reasonable person. Appropriation of Name or Likeness (identity theft) is a person who takes the name or likeness of another for his/her own use or benefit The wrong doer is subject to compensate the wronged person for invasion of privacy.