Last week, Sheriff O’Carroll issued his judgment in the case of Comino Properties Ltd v DHKK Ltd [2025] SC EDI 78. Ross Mitchell appeared for the successful defender. The judgment raises several points of interest for practitioners in relation to professional negligence claims against surveyors, particularly in relation to the preparation of home reports. The defender had prepared a home report in accordance with the Housing (Scotland) Act 2006 in respect of a property purchased by the pursuer. The pursuer argued that the report had been prepared negligently on the basis that it had failed to correctly note defects. The court dismissed the action on the basis that the pursuer had failed to relevantly aver why the defender had not complied with its duty to exercise reasonable skill and care. Furthermore, the pursuer had failed to relevantly aver its loss on the basis that it had not pled that there was a material difference in the market value of the property on the basis of the allegedly negligent survey. A link to the judgment can be found here: https://lnkd.in/ey-92XZB

In recent weeks, many NSW strata owners have asked me about Fair Trading's new powers to intervene where an owners corporation is not properly repairing or maintaining its common property. Fair Trading has now released its "Common Property Repairs and Maintenance Compliance and Enforcement Policy", which you can download via the link below. The Policy includes (the pictured) flowchart of the complaints process. Strata property owners impacted by a building's failure to repair and maintain must still attempt mediation with their owners corporation first. If mediation is declined or is unsuccessful, the owner can lodge a complaint with Fair Trading - as an alternative to proceeding directly to NCAT. Fair Trading will assess each complaint and determine the appropriate intervention based on the level of risk, the consequences of the failure, and the circumstances of each case. Potential consequences for owners corporations include: 🔴 Being directed to provide an action plan outlining proposed actions and timeframes for completion 🔴 Giving an enforceable undertaking 🔴 Receiving a compliance notice 🔴 Receiving a penalty infringement notice 🔴 Facing NCAT prosecution Situations where an escalated enforcement approach may be appropriate include those involving: 🔴 Fire safety systems 🔴 Lifts 🔴 Waterproofing, including where structural integrity or habitability is compromised You can access the complete policy here: https://lnkd.in/gtt6Awys

In a recent decision from Florida’s Third District Court of Appeal, the Court affirmed that a seller breached a commercial real-estate purchase agreement by failing to deliver marketable title at closing. The lesson: Delivery of marketable title at closing is not optional, but mandatory. In our latest #ARInsights article, A&R Partner Andrew McBride discusses the Florida Court's decision to award the buyers return of their deposit because the seller could not satisfy contractual title-delivery obligations by the “time is of the essence” closing date. When title defects remain unresolved at closing, sellers risk default even if curative steps are underway. Read more about the court's decision >> https://lnkd.in/gYMaPBEZ   #RealEstateLaw #CommercialRealEstate #Liens #BuyersAndSellers #FloridaLaw

A British Columbia Supreme Court judge has issued a split decision on two certificates of pending litigation (CPLs) tied to a real estate dispute involving properties in Squamish and Lake Country. https://lnkd.in/deYd6wvV

The new strata laws commence in 5 days with substantial changes to levy collection practice and procedure. It is important that strata managers familiarise themselves with these changes to help ensure they follow the correct procedure to recover overdue levies. What are the new procedures? https://lnkd.in/g2--QsNw #levycollections #stratalawyers #stratalawtoday

The new strata laws commencing on 27 October 2025 introduce substantial changes to levy collection practice and procedure. It is important that strata managers familiarise themselves with these changes to help ensure they follow the correct procedure to recover overdue levies. DOWNLOAD the new procedures now https://lnkd.in/g2--QsNw #levycollections #stratalawyers #stratalawtoday

🏡 Sarasota Market & Compliance Update for Real Estate Agents As our local market shifts, staying informed matters more than ever. 📉 Market Insight: Home values in Sarasota County are down roughly 9–10% year-over-year, and properties are staying on the market longer. Buyers have gained leverage, while sellers need realistic pricing strategies to stay competitive. 🔎 Regulatory Note: The Financial Crimes Enforcement Network (FinCEN) has delayed implementation of the Residential Real Estate Reporting Rule until March 1, 2026. However, this rule will eventually impact all-cash and trust/entity-based transactions. Early awareness can help agents avoid compliance issues and protect clients once enforcement begins. At The Law Office of Michael J. Belle, P.A., we partner with agents to ensure every transaction is compliant, efficient, and professionally managed from contract to close. 📞 Have a closing coming up? Let us help you streamline your next transaction — contact our office today. #SarasotaRealEstate #RealEstateAgents #MarketUpdate #Compliance #FinCEN #FloridaRealEstate #RealEstateLaw #SarasotaHomes #SuncoastRealEstate

In a recent article for the East Anglian Daily Times, Head of Residential Property, Richard Broadhead shares what property owners need to know about restrictive covenants. Covenants are legal obligations tied to properties, with restrictive covenants often limiting changes made to the property and remaining enforceable across ownership. Breaching them can lead to legal action and therefore taking expert legal advice is recommended before making any alterations to your property. To read the full article, please visit our website: https://bit.ly/47WtDLI #TSP #TSPLegal #Solicitors #EADT #ResidentialProperty #RestrictiveCovenants 

Strata managers up and down the east coast of Australia face growing legal peril under ‘standard’ strata trade association agreements that delegate authority but dodge accountability. As new reforms tighten compliance, these contracts create a dangerous illusion of control, leaving professionals trapped between owners’ expectations and liability they never fully agreed to shoulder. Read more in this week's edition of The Strata Professional newsletter.

Many Michigan property owners don’t realize that their easements or deed restrictions could be at risk of disappearing under the revised Marketable Record Title Act (MRTA). Recent amendments to the MRTA changed how and when property interests must be reaffirmed. If these steps aren’t taken correctly, long-standing easements or covenants may be extinguished, potentially altering access rights, land use, and property value. In my latest post, we break down what the revised MRTA means for property owners and how to ensure your rights remain protected. #MichiganLaw #PropertyRights #Easements #DeedRestrictions #LandUseLaw #DaltonAndTomich #MRTA #LegalUpdate