Defining Unconscionable Conduct Protect Yourself Against Unreasonable Landlords

When it comes to doing business, the life mantra applies – do business with others as you would want to be done business with. Treating your customers, employees and tenants with respect is one of the most effective strategies to a successful enterprise and it makes sound business sense.

However, some commercial property owners are guilty of unconscionable conduct in their dealings with tenants, which has resulted in a crackdown by the Australian Competition and Consumer Commission (ACCC) in order to protect tenant rights and ensure businesses conduct their affairs in a fair and appropriate manner.

Take the recent case with ACCC v Dukemaster Pty Ltd [2009] FCA 682 (Dukemaster). The landlord was found guilty of unconscionable conduct and taking advantage of tenant ignorance, including:

-taking unfair advantage of the tenants limited English language skills to gain advantage;

-using unfair tactics, such as demanding immediate responses, which prevented the tenants from obtaining legal advice;

-sending unwarranted letters of demand, threatening eviction and refusing to negotiate on the terms of the lease;

-falsely representing that rent was reasonable and below market value, when the landlord did not believe this
Dukemaster was ordered to pay the tenants $275,000 to compensate for loss of business and damages.

What can tenants do to protect themselves?

Unconscionable conduct is not tolerated, but hopefully you wont have to go through a legal battle to demand respect and fair treatment. Tenants need to arm themselves with knowledge on how to protect themselves against unreasonable commercial real estate lease demands:

-Approach the landlord if you believe that a commercial property owner is being unreasonably harsh with lease terms, approach your landlord to negotiate. Many landlords will be quite reasonable in negotiations as theyll be keen to keep on a good tenant.

-Get an independent valuation if you believe that the rent is too high or unreasonable, request an independent valuation of the market. Sydney commercial property valuations are available from expert consultants to paint you an unbiased and fair picture of the commercial landscape.

-Seek legal advice if you have any doubts about your lease terms and contract, seek legal advice. Keep a thorough written record of all negotiations and agreements.

-Refer the matter to a Small Business Commissioner the state and federal government offers services and advice for small businesses that may need help. The Dukemaster case was referred to the ACCC by the Small Business Commissioner of Victoria while NSW tenants can find out more at smallbiz.nsw.gov.au.

Types Of Funding Available For Property Development Projects

If you are new to the world of property development you may be unaware of the kinds of financing tht are available for these projects. Some types are more appropriate for certain kinds of development projects and the requirements attached to financing may vary from project to project. For example, you may need to put more money down and pay a different interest rate if you are purchasing a commercial versus a residential property. Here is a breakdown of some of the kinds of financing that are available.

Residential Property financing
Financing used to purchase a residential property is usually the kind of financing that people are most familiar with. This is because residential property financing is used to secure a persons primary residence. However, the type of financing that you would look for in order to purchase an income property or a property that is not your primary residence will often be very different than what you would be trying to secure for your own home.

Although there are set mortgage rates this is usually not the case with financing that is obtained for development projects. You will often need to provide information such as how much property development experience you have and what the scale of the project will be. The rates you pay will vary from lending institution to lending institution and from project to project.

You will often need to put more money down on a development project than you would on a property that you plan to live in. This will often include the building costs as well as the cost of the real estate that is being built on.

Financing for Commercial Properties
Like residential development projects, the rates you will pay to secure financing for a commercial property will also vary significantly. You may need to speak at length to lending institutions about the project and how viable it is. You may also find that there is a good deal more of involvement from a lending institution on a commercial development project than there would be on a residential development project.

A much larger deposit is often required for a commercial property and the interest rates are often higher. You may also need to provide a large amount of data and documentation surrounding the project that you want to begin working on. You may find that certain lending companies may be more willing to take on a commercial project than others will so dont be afraid to do a bit of searching if you are not getting a good response from the first lending institution you approach.

Bridging Financing
There are times that short-term funding may be required to be able to take on a development project. In this case you may want to look at bridging finance opportunities. They are usually for a period of not more than one year although different lending institutions will have a range of terms for you to look at and compare.

By learning what your different financing options are you will be able to get the money you need to be able to take on those property development projects you find most appealing.

The Natural Scene Of Goa Increases The Value Of Its Real Estate

The Goa real estate exist their importance in itself. Who is unknown about the beauty of Goa, Goa is well known for their natural scene, which is God gifted. Its natural scene is the symbol of greenness and shows its prosperity. In the same way its natural scene is the key point for Goa real estate, which plays an important role in booming economy of India.
If we see its property segmentation, we find it in two parts, one is commercial and another is Residential property. Commercial property is covered by many types of shop, hotel, resorts, showrooms, offices and malls but residential property is covered by many housing board projects, apartments and modern type of industrial constructions etc.
If we see its real estate by state segmentation, we find its property in four parts such asEast, West, North and South Goa.
According to Real Estate Company Pearls group There is a plane to redesigned Goas old property in to the new by their restructuring and reconstructing plane.
There is a statements said by expert about Goa properties Goa property is as flexible for man as there atmosphere.
Jyoti Narayan who is the executive director gives own view about Goa and their property The group who had already property in Goa find more profit and make great existence to increase the value of real estate and make conditions boom able.
There are many ornament of Goa real estate like as Hospitals, Theater Community activities, Metro projects, Road projects and airways projects. After it Goa property is already decorated with many featured projects also.
To sum up, we can say that the person who want to invest in Goa property never will be hesitated because the profit by Goa property is not only financial but also mentally for rejoicing your spirits.

Buying Commercial Property in NZ

Whether you are interested in commercial property in New Zealand for your own business use or if you want to invest in it as a landlord to generate revenue, you can find many different types of business properties to choose from in New Zealand. The returns from commercial property investments in New Zealand are usually higher compared to other forms of investments; however, the risks are just as high and investors require solid equity when it comes to acquiring loans to enter this market. Here are few important questions and points of consideration to get you thinking. What kind of commercial property do you want to invest in? Potential opportunities in this market include: office buildings, shopping centres and warehousing. If you are after already tenanted properties it is important to look for tenants with successful business ventures who have long term leases in place. You will need to research the type of market you wish to enter into thoroughly. This includes monitoring economic conditions closely given that commercial properties in New Zealand are more powerfully affected by fluctuations and trends in the marketplace. Who should you be consulting / seeking advice from? An essential component to all property investments in NewZealand is the use of professionals such as lawyers, financial advisors and property consultants who can scrutinise every aspect of a potential business opportunity. In relation to commercial investments this includes: leases, extensions, modifications, location factors and Council rules and regulations. The specialist advice available from such professionals is invaluable and money well spent. What can you afford? Start by determining your budget. This will help to narrow down opportunities of interest within your price range and will also eliminate those commercial property investments in NewZealand that are simply out of your price reach financially. As mentioned above, this form of property investment is much more difficult to enter than the residential market, it is common for banks to only lend 60 -70%, in addition to paying higher interest rates. You must factor in your means for obtaining finance and serving loans. Where in NZ do you want to invest? If you are buying a commercial building for your own business ventures make sure the regional area in NewZealand you decide upon has a strong economic future and that there are no regulations or restrictions in place by the local Council that limit your desired business plans. If investing in property such as retail shopping malls you will want to consider the levels of traffic in the area, ease of parking and the establishment of neighbouring businesses. There are numerous online real estate listings and resources available to help make your commercial property search in NewZealand easy. This type of property is actually quite popular, and finding opportunities isn’t difficult by any standard. Taking the time to consider the above questions and points will help you begin your search. Note down other questions that come to mind as you search too, it all helps towards finding the best investment possible. Once you have determined which properties you would like to see, you can contact a real estate agent and go visit the properties to make your final decision about which one is right for you.

www.nzrealestateforsale.co.nz : Commercial Property in NZ a>

Designing Glass Block Replacement And New Construction Windows

Glass block windows today offer a vast selection of designs, patterns, and styles for any budget or purpose, but, before deciding to use this product there are more basic questions to be answered. First, why should you use blocks, where should you use them, and how can this product help to solve your problems or needs? The four steps to glass block design success will answer these questions and more.

Step 1 Ask, What are my goals, then Determine Your Patterns and Products. Begin with the end in mind. What problems do you want the block windows to solve? Do your existing windows seal poorly, are the frames rusted or rotted. Do you lack the privacy you desire, are you worried about the safety of your family or workers, or just looking for a hot look to add style to your property? Here are some block window recommendations to solve these specific problems:

oDrafty windows that dont seal properly Consider the thin line series (3 1/8 thick) series of blocks. They are more cost effective than the commercial series (3 7/8 thick), and come in a wide variety of sizes (generally 4 x 8, 6 x 6, 6 x 8, and 8 x 8) for proper sizing of any window opening.

oNeed More Privacy If youre concerned about someone looking into your windows especially in basement, bathroom, and garage windows consider the high privacy Ice and Pristal patterns from Mulia or Icescapes or Delphi from Pittsburgh Corning. You can do without blinds or shades (saving you money) with these patterns but you dont have to sacrifice light transmission (in fact, some say they get more light because the old frame is removed in many glass block installation projects).

oWant more security Since many of the glass block windows are mortared together breaking in through this type of window opening is very difficult and time consuming. These windows are also more cost effective than installing electronic security pads on windows and offer strong energy efficiency benefits as well.

oLooking for a cool, hot, contemporary look Why have boring windows when you can add style and uniqueness to your home or business? Colored glass blocks, block patterns with beveled edges, frosted blocks, and artistically designed blocks with the ability to create one of a kind designs are all available in todays block window.

Step 2 Ask, Do I have any special window needs? – Especially in the commercial, institutional, and architectural markets glass masonry units can solve some very specific design challenges. Here are some examples:

o60 or 90 minute fire ratings Blocks with thicker faces (often called Thickset) can (with the proper installation) provide 60 and 90 minute fire ratings in window assemblies. Standard blocks also provide an excellent 45 minute fire rating which is good for most residential applications.

oHigh Security or Vandalism Applications The Vistabrik pattern glass unit masonry block is a 3 solid piece of glass which resists bullets, fire, noise and graffiti. This product has been used extensively in transit authority projects in New York and New Jersey markets.

oReducing Solar Heat Gain Solar Reflective blocks, which use a metal oxide coating on the inside surface of the block, greatly reflects solar energy while reducing the passage of light. This helps property owners to cut their cooling costs and also to minimize fading of floor coverings as well.

Step 3 Ask, Where should I use glass block windows? The following outline may very well broaden your thinking on where blocks can be used to provide privacy, security, energy savings, light transmission, or just an interesting design element for your home or commercial property.

oUse blocks outside and inside Block windows are usually thought of as being used in an exterior window application like a basements, bathrooms, garages, and stairwells. Here are some new applications to consider:

Under kitchen or den cabinetry to let in light
Interior borrowed light window walls to move light through an inside wall while maintaining privacy (for example in small, dark water closets, or on the inside walls of basements to move light passively through the home).
In closets in homes to let in natural light to see your clothing and colors better while maintaining privacy.
Above one piece shower units in smaller bathroom to eliminate the need for costly skylights.

oUse glass blocks in new construction and remodeling projects Often thought of as a renovation project block windows are now frequently found in new construction as well. In new home and room additions glass block new construction windows with nailing make installations simple and painless. In remodeling projects pre-fabricated window panel assemblies are factory made and allow the window to slip into the opening vs. the difficult task of laying the blocks one by one (improves your quality and cuts your time to get the job done).

Step 4 Ask, Would I like this window to provide ventilation Glass block windows do not have to be solid glass. There are a variety of window block venting products to choose from. Here is a quick list of your choices:

oAir Vents to reduce heating and cooling costs and keep air flowing With double pane glass and slim line vinyl frames the new generation of air vents allow air to come in while being small enough to keep intruders out. Available in white and tan and sizes to match exterior colors and maintain the symmetry of the block window.

oPower Vents to get rid of musty smell and improve indoor air quality Power vents are vinyl framed ventilators with two powered fans that can move 145 cubic feet per minute of air to fight mold, power away smoke, circulate the air for healthier, thereby providing fresher living spaces. The Power Vent comes with an A/C adapter that plugs right into your wall.

oDryer Vent Blocks to move air out from a dryer in a glass block basement or utility room window Dryers are often located in basements and their venting is often directed through an inefficient single pane metal or wood framed basement window. Vinyl dryer vent blocks replace the space taken up by one block in a new glass window and allow you to get the benefits of the block without having to vent your dryer through the foundation (which can be considerably more expensive).

Now that youve got the 4 design steps youre ready to choose the right block window for your project. Be on the lookout for the next article in this series on the steps for glass block window installation success.

Indian Real Estate Market Problems And Prospects

India is a very large country of South Asia, the second most populous country in the world and the seventh largest by extension. The Indian continent from many centuries has been well known for its rich culture and commerce. To make your real estate investment more and more beneficial for you in this country, you need to rely on a network with a lot of real estate experience. Through an operating platform of a realtor investment becomes easier and safer for you as the firm helps to find the property in India.

The real estate market in India is undoubtedly growing local demand for housing space and office incredibly intense, but the market has to be regarded as emerging market for investors because the laws concerning foreign direct investment in the real estate market in India are so restrictive that the benefit of the real estate sector of India is far from straightforward.

This article is an attempt to combine some of the facts and figures which we hope will help anyone who joined the business of Indian real estate. There were changes made to the public good laws concerning foreign direct investment in the back of the real estate sector in February 2005 now mean that the Indians passersby (most commonly designated NRIs) and companies Overseas (CBOs for short) can invest up to 100% in the housing sector.

The government of India also has some rules in place that allow foreign investors to buy commercial property in India. if these properties are to be used by the company for business purposes. Most of the projects where FDI is allowed in a loop period of the investment of a minimum of 3 years to prevent speculative investment, but the good news for companies or NRIs who want to achieve in the real estate market of investment in India is that investment in smaller projects is now a real possibility. Before the IDF is allowed only in projects on sites larger than 100 acres, this was reduced to 25 acres. For individuals who wish to incorporate the real estate market in India is the easiest way to buy into an investment fund.

Changes to laws relating to FDI and the real estate industry in general that were announced back in 2005 rules of the investment fund of the Sierra relaxed to the point where many experts believe a sector of the investment company of real estate (REIT) could now emerge.

Meanwhile there are a number of attractive and transparent funds available from reputable investment houses that do not prohibit individuals hassle free entry into the real estate market in India. In terms of state of the real estate market in India in general and Mumbai property in particular care must be taken when acquiring any land or real estate because the fact of registration of title is not updated and independent legal advice should be taken at each stage of the process that buying property in India.

If anyone has a definitive guide to the process to purchase real estate in Mumbai, he/ she can maximize the benefits to the maximum. But a proper professional guideline is necessary before any investment.

Commercial Banking In India.

Prime Services offered by a commercial bank include processing of payments by way of telegraphic transfer, issuing bank drafts and bank cheques, accepting money on term deposits, lending money through overdraft or through installment, providing letter of credit, safe keeping of documents, currency exchanges thereby enacting the role of a financial supermarket. The Commercial Bank lays more importance on loans that it provides to its customers. These loans are Secured Loans, Mortgage Loans & Unsecured Loans. A secured loan is one in which a borrower pledges some asset as collateral against the loan. A mortgage loan is granted to purchase property against security provided to the bank until the mortgage is paid of in full. The mortgage or loan can be repaid in easy installments. Unsecured loans are granted without any specific securities, under marketing packages like credit cards, debit cards, corporate bonds, etc. All in all a commercial bank raises funds by collecting deposits from businesses and consumers via checkable deposits, savings deposits, and time (or term) deposits & loans it to businesses and consumers. It also buys corporate bonds and government bonds. Its primary liabilities are deposits and primary assets are loans and bonds.

Commercial Banking in India categorizes itself into project finance & working capital. In the case of Project Finance banks in India offers long & short term loans to business houses to set up their projects. These kinds of loans are issued after approval from banks core credit validating committee. The Project Finance segment in the commercial department is highly competitive with different players in the department trying to get the best deals done by enticing different corporate houses and business organizations to opt for the loan by providing lucrative offers. Working Capital or Capital Funds are issued by banks to corporate or business houses to meet diverse needs and requirements of the business community. Working capital finance is specialized line of business and is largely dominated by the commercial banks.

Commercial Banking in India saw dramatic changes in the last decade after Indias integration with world economy. These economic reforms and the entry of private players saw nationalized banks revamp their service and product portfolio to incorporate new, innovative customer-centric schemes. Marketing and brand building programs were also given a new thrust in the new liberalized banking scenario. Promotional budgets were hiked to cater to the new and large discerning target audience. To meet the personalized needs of the customer and in order to differentiate its services, banks repositioned themselves in specialized fields, like housing loans, car finance, educational loans etc. to optimally service the customer. As of today Commercial Banking in India dominates other areas of banking such as retail banking and investing banking, solely due to influx and the term called installments that lures the customers to opt for loans to satisfy their business needs whether it is corporate or personal needs in terms of a mortgage loan. Commercial banking in India has definitely brought in a new dimension to regulation of finances in the Indian market.

Successful Commercial Property Analysis

As a successful property investor, you will want to make a commercial property analysis of any real estate deal before you consider making a purchase. There are many factors which you should take into account while making your property analysis.

Article:

As a successful property investor, you will want to make a commercial property analysis of any real estate deal before you consider making the purchase. There are many factors which you should take into account while making your property analysis. Some of these factors which you should look at are: the location of the property, the price, taxes, local government and zoning laws, potential rental income, as well as the options you have for obtaining the property using an investment property mortgage loan.

Commercial property has many guidelines and regulations which must be followed. The last thing that you want to do is purchase investment commercial property, and then find out once you own it that you cannot lease it to the business you want, or that zoning permits you from using the property how you would like to. Whenever you are reviewing a commercial property analysis, it is vitally important to find out about the local governmental rules and regulations which will govern what you can and cannot do with the property in question. Look at what you had planned for the property and make sure everything is in agreement.

Taxes can be a big consideration when you are making a commercial property analysis. Some local areas offer tax incentives for commercial property owners and to certain businesses. If your property can meet the guidelines then you could possibly see a nice tax reduction. Also, if the area taxes commercial real estate at a high rate, you could be in for a real surprise if you did not consider taxes in your commercial property analysis.

Just as there can be tax incentives to buying commercial property in a particular area, the same can be said for financing options. Many commercial lenders have programs which fit a variety of different business and community needs. If your property qualifies you can see a nice reduction in your mortgage interest rate.

Another consideration is the rental rate of other commercial properties in the area. If many properties are sitting vacant that is a sign that you may have serious trouble renting to a business and keeping them for the long-term. This is important for your commercial investment analysis because the rent money is your income on the property.

In addition to all of the above considerations, the usual considerations still apply. You need to look at the location of the property and determine if it is in a good enough location for what it will ultimately be used for. What is the area around the property like? Will people likely come to the location if a business starts there? Who are the residents of the local area and will they benefit from your property’s use?

You will need to look at the land and buildings and determine how much work and cost is likely involved in bringing things up to code and working order. Look at the offering price and consider if it is reasonable or if it needs to be adjusted because of the things you have found while looking at the other factors for your commercial property analysis.

While performing a commercial property analysis you should take all of the above into consideration. You also might want to consider hitting the pavement and talking to people in the area of your potential property purchase. See what the people who already live and work in the area think about the property.

** About the author :

Get the best commercial property analysis tools with software from KISCL, http://www.kiscl.com/. Our software has all of the tools of seasoned real estate pros to help you navigate the commercial market. With our program you can analyze your property instantly and know the deal is right!

Divergent Housing Price Trends In Mumbai And National Capital Region Crisi Research

CRISIL Research expects divergent price trends during the year in Mumbai and NCR (National Capital Region), the two largest residential real estate markets in India. In 2011, prices of houses are likely to decline in Mumbai, whereas prices will rise marginally in NCR. Further, the extent of price decline will vary widely across areas in Mumbai, whereas prices will inch up uniformly across areas in NCR.
CRISIL Research studied the price trend in three major supply pockets in Mumbai and NCR western suburbs (Goregaon, Malad, Kandivali and Borivali), Thane (Ghodbunder Road), and central suburbs (Dombivli and Kalyan) in Mumbai; and Noida and the outskirts of Ghaziabad and Faridabad in NCR.

City Reality reports offer an in-depth, area-wise analysis of residential, commercial and retail segments covering 400+ areas across 88 micro markets in 10 Indian cities. Read the real estate developer ratings at CRISIL that has developed two specialized products with their real estate research that help housing customers and financial institutions understand the intricacies.

Accounting for more than 50 per cent of total planned supply in each city, these major supply pockets would represent the trend in housing prices in the whole city. Mumbai and NCR would together account for more than half the 1.5 billion sq ft housing supply planned in India’s 10 leading cities up to 2013.

In Mumbai, falling demand, owing to diminished affordability, and rising interest rates will trigger a decline in prices in 2011. Prices of houses soared by 43 per cent in 2010, in the city’s three major supply pockets. Prices thus surpassed their peak values, attained in the first half of 2008, by 26 per cent, adversely affecting housing affordability. CRISIL Research therefore expects prices in Mumbai to decline by 8-10 per cent in 2011.
In NCR, prices will move up marginally because of relatively better affordability. Prices went up only by 6 per cent in 2010 in the capital region’s three major supply pockets. Prices in these areas currently are 15-20 per cent less than their peak values in the second half of 2007, making affordability relatively better in NCR than in Mumbai. CRISIL Research therefore expects average prices in the region to move up marginally by 3-4 per cent in 2011.

“Reduced affordability and a likely increase in interest rates by the Reserve Bank of India will subdue demand and depress housing prices in Mumbai in 2011. In NCR, relatively better affordability will prop prices despite any increase in interest rates,” explains Nagarajan Narasimhan, Director – CRISIL Research.

In Mumbai, the extent of the price decline would vary widely by area. Prices in premium locations like South Mumbai and Central Mumbai, which have an excess supply of houses priced at more than Rs 50 million, would decline sharply by 15-20 per cent over the next 12 months. Prices will decline more moderately, by about 6 per cent, in areas like Vasai and Virar, where affordability would be relatively better. In NCR, with prices increasing marginally across all areas, the trend, again, will be divergent.

Ip Security Cameras

IP (internet protocol) cameras are digital cameras that are mostly used for surveillance. Unlike the more commonly known and used CCTV cameras, IP cameras have the capability to send and receive data via a computer network and the internet. Guard Pro Protection Systems is one of few companies in Tucson, Phoenix, and Prescott, Arizona to offer the installation of IP cameras. They use IP cameras largely to prevent theft and break-in for commercial businesses, though they are sometimes also used to protect residential properties from the same. The two main types of IP cameras are centralized IP cameras and decentralized IP cameras. Centralized IP cameras require a central Network Video Recorder (NVR) to handle recording the management of video and alarms. Decentralized IP cameras have the capacity to record without a central NVR and they can record directly to digital storage media like flash drives, hard disk drives, and network attached storage.

Advantages:

? IP cameras record with a resolution of at least 640×480 and they can provide HDTV image quality at a speed of 30 frames per second.
? They are much more flexible that CCTV cameras and they can be moved anywhere on an IP network.
? The video analytics from an IP camera can be stored in the camera itself which allows scalability (the ability to change in size or volume) in analytics solutions.
? IP cameras have the ability to transmit commands via a single network cable is available for PTZ (pan, tilt, zoom) cameras.
? IP cameras also provide secure transmission of data through encryption and authentication methods including WEP, WPA, WPA2, KKIP, AES, etc.

AXIS Communications and ACTi Corporation are among the top in supplying and developing IP technology. Guard Pro Protection Systems in Tucson, Phoenix, and Prescott, Arizona is a certified AXIS communications installer for IP Camera systems and security. Guard Pro is also a Preferred Partner of ACTi Corporation as well. Contact Guard Pro if you are located in the Tucson, Phoenix, Prescott, or surrounding areas have commercial or home security needs.