Articles of law By Bhag Singh (PAGE 05)

1. Put it in writing 
   24/02/2004  The Star
   IN the past, transactions were mainly carried out verbally based on mutual trust. This is in contrast to the situation now where there is an increasing usage of documents in all transactions. Agreements and contracts are the basis of almost all business transactions these days. Yet it is said that an agreement or a contract need not always necessarily be in writing.
    
2. Debt recovery  
   03/02/2004  The Star
   AN INDIVIDUAL could buy property that could be a house to stay in, premises to do business or as an investment with rentals and capital appreciation making up the profit. Sometimes a housebuyer is unable to pay the balance of the purchase price or even the monthly instalments. When this happens the bank will proceed to foreclose the property.
    
3. Rental issues 
   02/03/2004  The Star
   WHEN a person rents a house he would like to be assured that he is able to continue to stay there for a reasonable period. At the same time, he does not want to be committed indefinitely. The Landlord who is usually the owner of the premises also does not want to commit himself for an indefinite period for he may need the premises for his own use or he may need to sell the premises at some time.
    
4. Property rights 
   23/03/2004  The Star
   GENERALLY, buying a landed property may appear to be a straightforward affair. Whether it is a house or an apartment or a commercial property, the underlying principles are the same. There should not be any problems. A reader wants to know if, when a Sale and Purchase Agreement is drawn up and the transaction is handled by a lawyer, the buyer is absolutely safe so long as he has the means, either via cash or a loan, to meet the purchase price?
    
5. Held in contempt 
   13/04/2004  The Star
   THE phrase “contempt of court” is often used even though it is not completely understood. According to the New Little Oxford English Dictionary, contempt in a general sense means the feeling that someone or something is worthless. However contempt of court is otherwise described as the offence of disobeying or being disrespectful to the court.
    
6. Land status
   20/04/2004  The Star  
   A PERSON buying a house comes across words such as “leasehold” and “freehold” land in many cases. Where a person likes a house and the location, it is a matter of taking or buying what is being sold especially when it is part of a housing scheme. In the ordinary course of events, it is not an option available to a buyer who likes the house and its location but which is built on leasehold land to say that he wants it to be freehold even if he is willing to pay more for the changed status.
    
7. Defaming the unnamed
   27/04/2004  The Star
   MANY companies and organisations produce monthly or bimonthly newsletters which are directed at clients or employees or both. An employee in one such organisation has found a snippet in the publication about him which he feels damages his reputation. He would like to take some form of action.
    
8. Denying liability  
   04/05/2004  The Star
   IT is common to read newspaper reports of people who are sued by banks or financial institutions for not repaying car or housing loans that they did not apply for. In some cases such people may be unaware of court proceedings and realise their problems only when they find that judgment in default has been obtained. Sometimes bankruptcy proceedings may even have been started against him or her.
    
9. Land deals 
   08/06/2004  The Star
   LIKE other forms of property, land can be transferred from one person to another. In the process terms such as Sale and Purchase Agreement (SPA), Transfer and Deed of Assignment are used. A reader wants to know which is the correct document and at what point of time does the property change hands. In order to understand the difference it is necessary to set out a brief explanation of each of these words to show what they involve and also what the effect of each of the documents is.
    
10. Build-and-sell projects
    07/08/2004  The Star
    Once again there is some discussion on the merits of a house buyer paying in full only when the house is ready or paying 10% of the purchase price when the sale and purchase agreement (SPA) is signed and the balance when the house is completed. There can be little complaint against the idea. At first sight it appears to be in the interest of the buyers as the balance will only be paid when the house is completed.