Low Moor Construction Lawyer, Iowa
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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Jeffrey L. Farwell
Real Estate, Personal Injury, Family Law, Trusts
Status: In Good Standing Licensed: 33 Years
611 South 3Rd Street, Clinton, IA 52732
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Jeffrey Boyd Stoutner
Real Estate, Industry Specialties, Estate, Business, Child Support
Status: In Good Standing Licensed: 55 Years
86 1/2 Main Avenue, Clinton, IA 52732
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LEGAL TERMS
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
NOVATION
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original... (more...)
The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.
MARITAL DEDUCTION
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.
MECHANIC'S LIEN
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.
LOAN BROKER
A person who specializes in matching home buyers with appropriate mortgage lenders. For a fee--often paid by the lender--a loan broker provides any easy and eff... (more...)
A person who specializes in matching home buyers with appropriate mortgage lenders. For a fee--often paid by the lender--a loan broker provides any easy and effective way to find the cheapest mortgage rates.
EASEMENT BY PRESCRIPTION
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten year... (more...)
A right to use property, acquired by a long tradition of open and obvious use. For example, if hikers have been using a trail through your backyard for ten years and you've never complained, they probably have an easement by prescription through your yard to the trail.
NONDISCLOSURE AGREEMENT
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper a... (more...)
A legally binding contract in which a person or business promises to treat specific information as a trade secret and not disclose it to others without proper authorization. Nondisclosure agreements are often used when a business discloses a trade secret to another person or business for such purposes as development, marketing, evaluation or securing financial backing. Although nondisclosure agreements are usually in the form of written contracts, they may also be implied if the context of a business relationship suggests that the parties intended to make an agreement. For example, a business that conducts patent searches for inventors is expected to keep information about the invention secret, even if no written agreement is signed, because the nature of the business is to deal in confidential information.
INCIDENTS OF OWNERSHIP
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.
MEMORANDUM
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum-... (more...)
(1) An informal written document. A memorandum may be used in any number of circumstances, but most lawyers are best acquainted with the interoffice memorandum--a document prepared by a junior associate in a law office or a judge's law clerk outlining the facts, procedural elements and legal arguments involved in a particular legal matter. These memos are reviewed by senior lawyers and judges who use them to decide how to proceed with the case. (2) Any written record, including a letter or note, that proves that a contract exists between two parties. This type of memo may be enough to validate an oral (spoken) contract that would otherwise be unenforceable because of the statute of frauds. (Under the statute of frauds, an oral contract is invalid if it can't be completed within one year from the date the contract is made.)
SAMPLE LEGAL CASES
Estate of Ryan v. HERITAGE TRAILS
... Trinity was the only party to file a notice of appeal. II. Issues. Trinity raises numerous
issues on appeal; however, our construction of the exception in section 614.1(2A)
(a) and its interplay with section 668.5(1), disposes of this appeal. ...
Thomas v. Progressive Cas. Ins. Co.
... The disagreement centers on the proper construction and interpretation of the insurance policy.
The construction of an insurance policy is the process of determining the policy's legal effect;
interpretation is the process of determining the meaning of the words used in the policy. ...
Speight v. Walters Development Co., Ltd.
... LARSON, Justice. The plaintiffs, Robert and Beverly Speight, appeal from a summary judgment
entered against them in their suit for breach of implied warranty of workmanlike construction
against the builder of their home. The court of appeals affirmed. ...
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PRACTICE AREAS
- Accident & Injury
- Bankruptcy & Debt
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- Industry Specialties
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- -Timeshare
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- -Construction Contracts
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- -Housing & Construction Defects
- -Eminent Domain
- -Foreclosure
- -Land Use & Zoning
- -Landlord-Tenant
- -Real Estate Other
- -Commercial Leasing
- -Commercial Real Estate
- -Condominiums
- -Conveyancing
- -Housing & Urban Development
- -Premises Liability
- -Residential Real Estate
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