Financial Services

Can You Enforce An Oral Contract For The Sale Of Real Estate?

By Bob Miles

The simple answer is ‘No, you can’t, because every state has enacted a Statute of Frauds requiring contracts for an interest in the sale of an interest in land.’ But hey, it’s never that simple with the law, which is why we’ve got so many lawyers running around. So if you’ve concluded an oral contract for the sale of real estate and the other party is pretending that the contract never existed because it wasn’t written down, don’t despair (at least until you’ve read this article), because there are certain exceptions to this rule.

Most states still recognize two different justice systems – ‘law’ and ‘equity’. Both are administered largely by the courts. If you are aggrieved under an oral contract for the sale of real estate, then sue in equity, not law (although legal remedies are sometimes available). You can avoid the Statute of Frauds if you have actually performed a portion of the contract ‘that is ‘sufficient’ to justify awarding you an equitable remedy – in other words, a court order demanding the completion of the transaction. The devil is in the details as they say, and exactly how much performance is ‘sufficient’ is where the lawyers will duke it out. If you are a buyer, you have already paid the full purchase price, and the seller refuses to hand over the deed, then your payment of the full purchase is surely ‘sufficient’ to merit a court order demanding that the seller leave the property and hand over the deed to you (defiance of which will constitute ‘contempt of court’, rendering the seller liable for daily fines and perhaps even jail time). If you have paid only $100 of the purchase price under an oral land contract, you might have to resort to small claims court to get you money back – it is unlikely that the court will force the seller to proceed with the transaction even if you are willing to pay the remainder of the purchase price.

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DISCLAIMER: The foregoing is intended for reference purposes only and not as legal advice.

About the Author: Real Estate Law in Plain English explains real estate law without the legalese.

Source: isnare.com

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Despite passage of bailout bill, two US states may need loans

Sunday, October 5, 2008

Despite the passage of a 700 billion USD bill by the United States House of Representatives on Friday and the Senate on Wednesday, two U.S. states may need loans totaling over 14 billion dollars.

California and Massachusetts are seeking at least 7 billion dollars each from the federal government as loans. Officials and lawmakers in both states say that the loans would be temporary.

According to Massachusetts’ state treasurer, Timothy P. Cahill, the state was unable to borrow money last week on a short term loan. He also states that the state can afford to pay its bills and debts for the next few weeks, but not beyond that without a short-term loan from the government. Cahill has asked the federal government for a loan similar to the recent one passed by Congress and the Senate.

“That’s all we would ask them to do: Treat us like the investment banks,” said Cahill to the Associated Press.

Officials in California say they need an emergency loan, or they will run out of money by the end of October. California’s governor, Arnold Schwarzenegger said the state is “not out of the woods” and needs a short term loan from the government.

“California and other states may be unable to obtain the necessary level of financing to maintain government operations and may be forced to turn to the federal treasury for short-term financing,” said Schwarzenegger in a letter to the Treasury Department, which is taking the letter under consideration.

On Friday, the U.S. House of Representative voted to pass a revised bailout bill which included raising the FDIC insurance cap to $250,000, a move designed to please progressives. However, the $110 billion in tax breaks, earmarks and what has been called pork barrel spending is not offset by any increases in revenues and has added opposition to the bill from some Representatives in the House. Earmarks added into the bailout bill included $192 million in tax rebates for the Virgin Islands rum industry, $148 million in tax cuts for the wool industry, $100 million tax cuts to the auto racing industry, and $48 million in Hollywood tax incentives, among others.

Russian choreographer Igor Moiseyev dies at age 101

Friday, November 2, 2007

Igor Moiseyev, who has been widely acclaimed as the greatest 20th-century choreographer of folk dance, has died today after a long illness. He was 101 years old.

Born Igor Alexandrovich Moiseyev on January 21, 1906 in Kiev, Moiseyev graduated from the Bolshoi Theatre ballet school in 1924 and danced in the theatre until 1939. His first choreography in the Bolshoi was Footballer in 1930 and the last was Spartacus in 1954.

Since the early 1930s, he staged acrobatic parades on Red Square and finally came up with the idea of establishing the Theatre of Folk Art. In 1936, Vyacheslav Molotov put him in charge of the new dance company, which has since been known as the Moiseyev Ballet. Among about 200 dances he created for his company, some humorously represented the game of football and guerrilla warfare. After visiting Belarus he choreographed a Belarusian “folk” dance Bulba (“Potato”), which over the years indeed became a Belarusian folk dance. According to the Encyclopædia Britannica, Moiseyev’s work has been especially admired “for the balance that it maintained between authentic folk dance and theatrical effectiveness”.

Moiseyev was named People’s Artist of the USSR in 1953, Hero of Socialist Labor in 1976, received the Lenin Prize (1967, for the dance show A Road to the Dance), four USSR State Prizes (1942, 1947, 1952, 1985), Russian Federation State Prize (1996), was awarded numerous orders and medals of the Soviet Union, Spain, and many other countries. On the day of his centenary, Moiseyev became the first Russian to receive Order for the Merits before the Fatherland, 1st class — the highest civilian decoration of the Russian Federation.

Chinese researchers crack major U.S. government algorithm used in digital signatures

Wednesday, February 16, 2005According to computer security expert Bruce Schneier, a widely-used cryptography algorithm, known as SHA-1, has been broken by three researchers at Shandong University in China. Designed by the US intelligence agency NSA, SHA-1 has been adopted as an official US government standard and has become widely-used in security applications worldwide, notably digital signatures. The three female researchers, Xiaoyun Wang, Yiqun Lisa Yin, and Hongbo Yu, have reduced the amount of time needed to find two documents with the same signature by a factor of more than 2000.

The SHA-1 algorithm is used to compute a short string of numbers, known as a hash, for any digital document. The algorithm is constructed such that small changes in the document cause the hash to change drastically. By this means, the hash can be used to verify that a document has not been tampered with.

The attack that Schneier describes is a “collision attack,” rather than the more useful “pre-image” attack. In a pre-image attack, the codebreaker is able to find a document with different contents that matches an existing hash and so can claim an existing signature was on something else. In the somewhat less valuable “collision attack,” the codebreaker is able to devise two documents that both have some particular hash. A adversary might use this to claim that an altered document is the original on the grounds that they have the same hash. A crafty adversary might also be able to trick someone into signing an innocuous document, one of a pair from a collision. The other document, which might not be as harmless, would then also appear to have been signed by the same person. If collisions can be found for SHA-1, then digital signatures will no longer vouch for a document’s authenticity.

The attack, for now, is more of a theoretical than a practical kind: it would currently take thousands of years on a modern personal computer, and would still be slow even if a large number of computers were used in parallel.

Xiaoyun Wang is currently a professor at Shandong University, while Hongbo Yu is a doctoral candidate at the same institution. Yiqun Lisa Yin is currently a visiting researcher at the Princeton Architecture Laboratory for Multimedia and Security (PALMS). Last year, Xiaoyun Wang and Hongbo Yu also took part in breaking a series of similar algorithms, including the widely used MD5 hash, as documented in their paper presented at the Crypto 2004 conference.

Officials from the National Institute of Standards and Technology (NIST) have recently recommended dropping SHA-1 in favor of stronger, slower algorithms, such as SHA-256, Federal Computer Week reported on February 7, 2005, just 7 days before Schneier announced the SHA-1 break. Despite deprecating SHA-1, William Burr, the head of NIST’s security technology group, said that “SHA-1 is not broken, and there is not much reason to suspect that it will be soon.”

Bean Bags

Outdoor Patio Cushions Botox For Your Outdoor Patio Furniture Decor

Submitted by: Jesse Akre

For extra comfort and added style to your outdoor patio furniture, it might be in need of something as simple as cushions to spice up the flavor of your outdoor patio furniture. More often than not it is likely you have outgrown your current outdoor cushions, and could be in desperate need of a new look? Or you need to replace the old worn in cushions, to revitalize that unnoticeably missed comfort ability. There is a wide variety of outdoor cushions available. With almost an unlimited, endless array of colors and patterns.

As with any accent you purchase for your patio you will want to be sure your outdoor furniture cushions do not take away from the existing beauty of you outdoor furniture. The biggest mistake people make when purchasing cushions for their patio, pool, or lawn furniture is they tend to get bright overpowering patterns and colors. This is fine if you do not want to show off the beauty of the furniture beneath it, but all in all you should be proud of the furniture you have bought. Enjoy showing off your personal style and creativity by accenting your outdoor furniture with the perfect cushions. Not make your furniture disappear in the loudness of the cushions.

Outdoor cushions are available for most types of outdoor seating. Many different companies manufacture outdoor cushions, so shop around before making your purchase. Sometimes with very little effort one can get the same cushion for nearly 50% less than the first time they noticed. Patience can save you money. It s wise to look, not only for the bargain, but to not take away from the comfort expected from your furniture cushion.

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Sometimes, it can be something as simple as an outdoor furniture cushion to be overlooked to add comfort to your already comfortable outdoor furniture. Sometimes, it can be that the current cushions you already own have lost their oomph, and have flattened out beyond fluffing after some time. Other times, it can be as simple as just not liking the cushions you have any more, as it s human to lean toward the more stylish motif when your own uniqueness has matured.

A thought that might be quite pleasant for you to know, is that there are hundreds, if not thousands, of companies that specialize in making outdoor furniture cushions, making the number of styles to choose from beyond astronomical. Many have learned, those that didn t have any cushions to begin with, or those that have just tired from the outdoor furniture cushion that they already possess, that sometimes, all it takes is some new cushions to add that spark that your outdoor furniture might be missing.

About the Author: Jesse Akre, offers consumer patio decor reviews on

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Source:

isnare.com

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Nurseries not harmful to children, says new UK study

Tuesday, June 8, 2010

A new study by a professor at the University of Oxford has concluded that attending nursery school does not have harmful effects upon “the vast majority” of children under two years old. The research contrasts with the views of other writers in the field, who argue that pre-school children achieve the best results when cared for by their parents full-time.

Kathy Sylva, Professor of Educational Psychology at the university, has based her findings upon data from the Effective Provision of Pre-School Education Project. This has been running since 1996, tracking the development of 3,000 children to discover the effects upon their development of pre-school care and education.

Sylva told The Sunday Times that “[a] lot of parents worry unnecessarily about this issue but my research shows that the vast majority of children are not impaired on any measure by attending nursery under the age of two”, although she admits that there is an increased risk for children from deprived background, and for boys. Those attending better-quality nurseries go on to make better relationships when they start school, she says, and urges parents to check the standards of nurseries for themselves.

Her conclusions come in the wake of a vast expansion in nursery care provision in the United Kingdom in recent years, aimed at getting mothers of young children back to work. One study states that 5% of “middle-class” parents in Britain put their children in full-time nursery care.

According to others such as the child psychologist Oliver James, however, full-time care by parents gives the best results for children. James states that there is evidence that nursery care is “highly stressful and can be harmful”, since levels of the hormone cortisol double after one hour in day care, and raised levels can be detected for some months afterwards. Sylva agrees, though, that some children who attend nursery before they are two are slightly more aggressive at primary school – a finding in line with other research – but says that this aggression disappears by the time the child reaches eleven.

Sylva, a Professorial Fellow of Jesus College, Oxford, was awarded the OBE in 2008. She is a former special advisor to the UK House of Commons and the Scottish Parliament.

Washington State Initiative would require married couples to have kids

Friday, February 9, 2007

An initiative has been introduced in the U.S. state of Washington that would require a married couple to have children within three years, or else their marriage would become void.

The activist group Washington Defense of Marriage Alliance (WA-DOMA) filed Initiative 957 on January 26. If passed, marriage in the state would be limited to men and women who are able to have children. In order to receive a marriage license, a couple would have to assert that they “know of no reason” that they cannot have children. If they did not have children within three years, their marriages would be subject to annulment. All other marriages would be defined as ‘unrecognized’ and people in them would be ineligible to receive any marriage benefits.

WA-DOMA formed in 2006 in response to the decision in the case Andersen v. King County, where the state Supreme Court upheld Washington’s ban on same-sex marriage. The court found the 1998 Defense of Marriage Act, which restricts marriage to unions between a man and woman, was proper. In the decision, the court reasoned that there was a “legitimate state interest” in limiting marriage to couples capable of having children.

WA-DOMA is in favor of gay marriage rights. The purpose of the initiative, according to founder Gregory Gadow, is to show that the logic behind the DOMA ruling is absurd. ‘For many years, social conservatives have claimed that marriage exists solely for the purpose of procreation … The time has come for these conservatives to be dosed with their own medicine,’ said Gadow. ‘If same-sex couples should be barred from marriage because they can not have children together, it follows that all couples who cannot or will not have children together should equally be barred from marriage.’

Supporters of I-957 must gather at least 224,800 valid signatures by July 6 to put it on the November ballot. The alliance says if the initiative were passed, the state supreme court would likely strike it down as unconstitutional, which would in turn weaken the Court’s reasoning in upholding the Defense of Marriage Act.

The measure’s backers have said they are planning two additional initiatives. One would prohibit divorce or separation when a married couple has children, and would make having a child together the equivalent of marriage.

Other gay rights groups do not support the paper. Activist Bill Dubay commented that while he gets the point of the initiative, it is unlikely he would sign it. The gay advocacy group Equal Rights Washington does not endorse the bill, stressing that that families come in all forms, with or without children, and that laws should help families, not hurt them.

US Senate finance committee to vote on health care bill

Friday, October 9, 2009

US Senate Majority Leader Harry Reid has said that the Senate Finance Committee will vote on a sweeping health care reform bill next Tuesday. US President Barack Obama has made clear that extending health insurance coverage to as many Americans as possible is his top domestic priority.

Republican lawmakers, however, are still overwhelmingly opposed to the bill, saying it is too expensive and would expand the role of government in people’s health care.

Obama and his fellow Democrats in the Senate received some good news late Wednesday from the non-partisan Congressional Budget Office, which put the total cost of the Senate Finance Committee’s health care bill at $829 billion over the next decade, below Obama’s stated goal of $900 billion. The budget watchdog organization also said the health care bill would help reduce the federal budget deficit over the next ten years.

Harry Reid said he believed health care reform was moving forward. “And so today we stand closer than ever to fulfilling that fundamental promise, one for which we have fought for more than 60 years,” he said.

Senate Minority Leader Mitch McConnell, however said that the cost estimate was “irrelevant”, because the final bill that will actually emerge from both houses of Congress is likely to look very different and cost a lot more. “What matters is that the final bill will cost about a trillion dollars, vastly expand the role of government in people’s health care decisions, increase premiums and limit choice,” McConnell said.

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McConnell said Republicans favor a step by step approach to health care reform, focusing on prevention and wellness programs and dealing with the high costs of malpractice insurance doctors have to pay due to fears of excessive lawsuits.

Under the Finance Committee’s bill, US residents would be required to get health insurance or face a penalty, and insurance companies would face tough new regulations. For example, insurance companies could no longer reject coverage for people due to pre-existing conditions.

The Senate Finance Committee is likely to pass the bill, which will then have to be merged with one passed by the Senate health committee before it goes to the full Senate floor for debate.

Retail

Improve Your Marketing Tactics With Patron Counters

byAlma Abell

As a business, you need in-depth knowledge concerning your patron traffic. When you understand everything, there is to know about your patron traffic you can make strategic marketing decisions that improve your business. The people count in reference to your business begets strategic tactics for marketing., according to Tyson Downs of Titan Web Agency. With the right equipment and services, you will be able to accurately measure the amount of people that enter your store, and the time of day that they enter your store. Utilizing this type of information can assist you in planning your staffing schedule, as well is coming up with promotions that will encourage more sales during off-peak hours. Are you ready to reduce your overhead and make any day a great day to earn more revenue? If so, it’s time to get in touch with the professionals that can provide you with the people counter you need.

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Patron Counters Are an Apt Solution

A patron counter is an absolution for measuring the amount of people that are coming in and out of your business. It is important to use the services and products offered by the professionals whether you’re running a big-box store or local restaurant, says Troy Martin of Cook Martin Poulson, P.C in Utah. Such counters can give you reliable and accurate information that will paint a distinct picture concerning your businesses off-peak and peak times. Such state-of-the-art products are integral in assisting you with strategies for marketing.

Use Superior People Counting Solutions & Products

When you use superior people counting solutions offered by experts in the field you are assured unparalleled service. The experts can help you stay ahead of your competitors. They also recognize new market trends and can provide you with the counting technology you need to meet them. There innovative products can help you make constantly changing demands in any industry. For more information, visit CountWise.

Che Guevara’s ”Motorcycle Diaries” companion dies

Wednesday, March 9, 2011

Alberto Granado Jiménez, the Argentinian biochemist who was Che Guevara’s companion on his transformative motorcycle trip through South America, died in Havana on Saturday, reported Cuban state television. He was 88 and died of natural causes.

The politically active Jiménez met Ernesto “Che” Guevara, then a medical student, in Hernando, Argentina where Guevara had gone to play rugby. Both were intellectually curious and interested in exploration. In 1951 they set out on an eight-month motorcycle trip through South American that exposed them to the poverty in which most South Americans lived. The pair worked in a leprosy colony and met wtih destitute miners and indigenous people. Both men kept diaries which served as the basis for the 2004 film, The Motorcycle Diaries, produced by Robert Redford and directed by Walter Salles.

According to the Guardian, “Their road trip awoke in Guevara a social consciousness and political convictions that would turn him into one of the iconic revolutionaries of the 20th century.” The trip is widely believed to have inspired Guevara to go to Cuba and join Fidel Castro in his 1959 revolt against Cuban dictator Fulgencio Batista.

By the time the two men met again eight years later, Guevara was a revolutionary hero and chief of Cuba’s central bank. Jiménez, who had remained in Argentina working in a clinic, accepted Guevara’s invitation to move to Cuba in 1961 and founded a medical facility in Santiago. Later he moved to Havana where he continued his medical work. The two remained friends although they did not always agree. Jiménez rejected Guevara’s belief that social reform in Latin America had to be accomplished through guerrilla warfare.

The book The Motorcycle Diaries was published in the 1990’s. Jiménez said of the book that it inspired the image of the young Che as a romantic figure.

Jiménez authored the book Traveling with Che Guevara: The Making of a Revolutionary, published in 2003.