Product Description
The nineteen-nineties have seen a massive rebirth of the realestate industry in China. Although ownership of Chinese land is intheory restricted to the State and to agricultural collectives, inpractice the concept of the `right to use' land has evolved into asystem of real estate law with many parallels in the West, includingsuch familiar elements as mortgages, leases, zoning, liens andtaxation. The difference lies in procedural requirements, and it is inthis practical area that prospective foreign investors in Chinese realestate will most appreciate this informative and very useful book.

Taking into account the Land Use Purpose Control System that went intoeffect in China on January 1, 1999, the authors of this book fullyexplain such important components of real estate development and useas the following:+planning requirements;+ qualifying to obtain a land use right;+fee requirements;+ registration procedures;+taxes affecting real estate;+ bankruptcy provisions affecting real estate;+landlord/tenantrights and duties in commercial leasing;+appraisal and surveyprocedures...and a great deal more. They provide clearguidance through the complex web of administration and regulation atevery government level, including the important role of theagricultural collectives in the expanding urban fringes. They analyzethe areas of unsettled law -- for example, tenant defaultremedies -- that might create significant concern for Westerninvestors, and offer recommendations that avoid pitfalls. Extremely knowledgeable and eminently practical, this is the firstdetailed, comprehensive guide to real estate investing in today'sChina. ... Read more

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State-specific material has been prepared by Jane Kaplan of NY City Technical College. See main text description for more details. ... Read more

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State specific material has been prepared by Martin Gewertz of San Antonio College. See main text description for more details. ... Read more

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Residential Real Estate Law introduces students to the skills necessary to competently represent clients in the transactional setting of purchasing or selling a home. Through exercises in the book, students will be provided the opportunity to review form purchase agreements in different settings, including a unit in newly converted condominium, a single family detached home in a planned residential subdivision, and a multi-unit owner occupied house. After ascertaining any special needs of their clients, students will propose changes to the contracts utilizing attorney approval clauses and then negotiate for these changes in class. Students will also prepare a form engagement letter in which they will explain to their client what services they will be providing and at what charge.

Mirroring the cycle of a residential deal, the book then addresses the various contractual contingencies that typically must be satisfied before the deal will close. These contingencies include: (a) the buyer verifying with a physical inspection that the home is in good condition and in compliance with law; (b) the buyer obtaining a commitment for a loan to purchase the home; and (c) the seller obtaining a title commitment and survey reflecting that the status of title to the home is good. The book not only addresses the laws that relate to these conditions but also contains examples of how these conditions were addressed by the partiesÂ’ attorneys in various home purchase contexts. Students will be asked to review and then critique how the attorneys in these deals handled the problems that arose.

Finally, the book addresses the lawyerÂ’s role to make certain that the protections and rights accorded to their client by law and by contract have been met and that the closing documents reflect this. Also discussed are important topics of the liability of the seller when defects are discovered after the deal closes and tax and liability factors that affect choices as to how title to the property is held. ... Read more