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Man wins suit to sell house occupied by sect Man wins suit to sell house occupied by sect He's been trying to sell the $1.8m house since he left sect and moved out but sect members occupying it claimed they had right to live there The Straits Times/August 17, 2004 By Elena Chong A former Singapore Airlines pilot yesterday won a court order to sell a $1.8 million house in Sembawang, in which several members of religious sect House of Israel have been staying. Mr Steven Joshua, 56, who co-owns the 792.8 sq m place with four others, had sued former wife Deborah Steven Joshua, 55; his sister, Madam Rachel Jacob, 50; and three other couples staying there. He has been trying to sell the place since he left the group in 2001 and moved out. However, the sect members claimed there was a property covenant that entitled them to live there. They now have up to mid-November to move out of the Sembawang Place bungalow. Mr Joshua had also sued another sister, Mrs Rebekah Isaac, 47, and her husband, Mr Isaac Benjamin, 49, who left the group in 1993. They did not contest the suit as they too wanted to sell the property. They will be given a 20 per cent share of the proceeds of the sale. Mr Joshua, his ex-wife, his two sisters and Mr Benjamin bought the house for $700,000 in 1986 and registered it in their names. At the time, they belonged to the religious group, which hit the headlines nine years ago when three of its members lost a libel suit against The Straits Times for describing it as a 'sect'. Yesterday, Justice Tan Lee Meng threw out the defendants' counterclaim, saying they had not proven their case. The net proceeds of the sale of the Sembawang home have to be distributed among the co-owners, said the judge, with Mr Benjamin and his wife getting 20 per cent and the other three - Mr Joshua, his ex-wife and Madam Jacob - sharing the remainder according to the proportion they paid for the property. Mr Joshua, who also won on costs, was represented by Mr James Ponniah. Mr Daniel John acted for all the defendants except Mr Benjamin and his wife. To see more documents/articles regarding this group/organization/subject click here . Home Database Cult News Search Getting Help Forum Mind Control Legal Contact Us About Us What's New Headlines Links Books Help RRI FAQ
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Real Estate Agency Disclosure Laws You are here: About > Home & Garden > Home Buying / Selling Home & Garden Home Buying / Selling Essentials 10 Things Home Buyers Shouldn't Do Best Tips for First Time Home Buyers "Must-Do" Tasks Before You Sell How to Buy a Home, Step by Step For Sale by Owner Advice Articles & Resources How To Buy a Home How To Sell a House Celebrity & Historic Credit Reports & Scores Design & Remodel Home Maintenance Inspections & Appraisals Investing & Foreclosures Modular & Manufactured Mold, Radon, Lead, etc. Mortgage Advice Moving & Relocation Real Estate Careers Real Estate For Sale Vacation Homes Buyer's Guide Before You Buy Top Picks Home Buying Books Foreclosure Books Mortgage Books Product Reviews Forums Help FREE Newsletter Sign Up Now for the Home Buying / Selling newsletter! See Online Courses Search Home Buying / Selling Real Estate Agency Disclosure Laws Most states in the US require real estate agents to disclose who they work for, buyer or sellers or both. Some disclosures can be verbal and others must be in writing. Find out what type of disclosure the real estate agents in your state should make. Scroll down for disclosure table. State Disclosure Required? Find Details Alabama Yes: Transaction Brokerage, Single Agency, Limited Consensual Dual Agency A Consumer Information Booklet (pdf) Alaska Yes: Written agency disclosures required. Real Estate Commission Statutes (pdf) Arkansas Yes: Written agency disclosure required. Agency Representation (pdf) California Yes: Written agency disclosure required. Agency Relationship Disclosure Colorado Yes: Written agency disclosure required. Brokerage Relationships (pdf) Georgia Yes: Written agency disclosure required. License Law Rules & Regulations (pdf, page 51) Hawaii Yes: Written or oral agency disclosure required. Real Estate Rules (pdf, page 10) Idaho Yes: Disclosure will focus on the differences between a "customer" and a "client;" dual agency explained. Agency Disclosure Brochure (pdf) Illinois Disclosure requirements unclear in online materials. If you are an Illinois agent, I'd appreciate clarification . Agency Relationships Iowa Yes: Written agency disclosure required. Customer or Client, the Choice is Yours (pdf) Kansas Agents must give you the brochure: "Real estate brokerage relationships." Overview of Brochure Kentucky Yes: Written agency disclosure required. Consumer Information Brochure (A specific agency brochure is mentioned, but I could not find it online; ask your agent) Louisiana Agents should provide you with an information pamphlet. Agency Disclosure Pamphlet (pdf) Maine Agents should provide you with a disclosure form. Agency Disclosure Form (pdf) Maryland Seller Agency disclosure required at first substantial meeting. Disclosure Information Massachusetts Yes. Disclosure is required. Agency Information Michigan I did not find specific information about agency disclosure on the Web site. Michigan State Board Missouri Yes. Disclosure is required. Missouri Broker Disclosure Form (pdf) Nevada Yes. Disclosure should be made "as soon as is practicable." Duties Owed by a Nevada Real Estate Licensee (pdf) New Hampshire Yes. You must be given an Agency Disclosure Form. Agency Disclosure Forms New Mexico I did not find specific information about agency disclosure on the Web site. New York Yes. Disclosure is required. Real Estate Agency Disclosure Form (pdf) North Carolina Yes. Written disclosure is required. Working with Real Estate Agents (pdf) Ohio Yes. Disclosure is required. Agency Disclosure Statement (pdf) South Carolina Yes. Disclosure is required. Consumer Information Brochure (pdf) South Dakota Yes. Disclosure is required. Real Estate Consumer Guide Tennessee I did not find specific information about agency disclosure on the Web site. Utah I did not find specific information about agency disclosure on the Web site. Virginia I did not find specific information about agency disclosure on the Web site. Washington Yes. Disclosure is required. Agency Law (pdf) West Virginia Yes. Disclosure is required. Notice of Agency Relationship (pdf) Wisconsin I did not find specific information about agency disclosure on the Web site. Wyoming I did not find specific information about agency disclosure on the Web site. A few states are missing and will be added as they are found. State Web sites have a habit of frequently changing their links. If you find a link that goes to different information, I'd appreciate it if you would send me an email so that I can update this file. Talk About Real Estate From Janet Wickell , Your Guide to Home Buying / Selling . FREE Newsletter. Sign Up Now! 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INVESTMENT PROPERTY HISTORY OF
IAS Plus International Accounting Standards IAS 40, Investment Property Home Site Map Standards Interpretations Agenda Structure Newsletter Resources Countries/Regions Links Search STANDARDS: IAS 40 INVESTMENT PROPERTY HISTORY OF IAS 40 October 1984 Exposure Draft E26 Accounting for Investments March 1986 IAS 25 Accounting for Investments 1 January 1987 Effective Date of IAS 25 December 1999 Exposure Draft E64 Investment Property April 2000 IAS 40 Investment Property superseded those portions of IAS 25 that addressed investment property and withdrew IAS 25 1 January 2001 Effective Date of IAS 40 (2000) 18 December 2003 Revised version of IAS 40 issued by the IASB The summary below reflects the revisions. 1 January 2005 Effective date of IAS 40 (Revised 2003) RELATED INTERPRETATIONS Issues Relating to This Standard that IFRIC Did Not Add to Its Agenda SUMMARY OF IAS 40 Definition of Investment Property Investment property is property (land or a building or part of a building or both) held (by the owner or by the lessee under a finance lease) to earn rentals or for capital appreciation or both. [IAS 40.5] Examples of investment property: [IAS 40.8] Land held for long-term capital appreciation Land held for undecided future use Building leased out under an operating lease Vacant building held to be leased out under an operating lease The following are not investment property and, therefore, are outside the scope of IAS 40: [IAS 40.5 and 40.9] property held for use in the production or supply of goods or services or for administrative purposes; property held for sale in the ordinary course of business or in the process of construction of development for such sale (IAS 2 Inventories); property being constructed or developed on behalf of third parties (IAS 11 Construction Contracts); owner-occupied property (IAS 16 Property, Plant and Equipment), including property held for future use as owner-occupied property, property held for future development and subsequent use as owner-occupied property, property occupied by employees and owner-occupied property awaiting disposal; property that is being constructed of developed for use as an investment property (IAS 16 applies to such property until construction or development is complete). However, IAS 40 does apply to existing investment property that is being redeveloped for continuing use as investment property; and property leased to another entity under an finance lease. Other Classification Issues Property held under an operating lease. A property interest that is held by a lessee under an operating lease may be classified and accounted for as investment property provided that: [IAS 40.6] the rest of the definition of investment property is met; the operating lease is accounted for as if it were a finance lease in accordance with IAS 17 Leases; and the lessee uses the fair value model set out in this Standard for the asset recognised. An entity may make the foregoing classification on a property-by-property basis. Partial own use. If the owner uses part of the property for its own use, and part to earn rentals or for capital appreciation, and the portions can be sold or leased out separately, they are accounted for separately. Therefore the part that is rented out is investment property. If the portions cannot be sold or leased out separately, the property is investment property only if the owner-occupied portion is insignificant. [IAS 40.10] Ancillary services. If the enterprise provides ancillary services to the occupants of a property held by the enterprise, the appropriateness of classification as investment property is determined by the significance of the services provided. If those services are a relatively insignificant component of the arrangement as a whole (for instance, the building owner supplies security and maintenance services to the lessees), then the enterprise may treat the property as investment property. Where the services provided are more significant (such as in the case of an owner-managed hotel), the property should be classified as owner-occupied. [IAS 40.11] Intracompany rentals. Property rented to a parent, subsidiary, or fellow subsidiary is not investment property in consolidated financial statements that include both the lessor and the lessee, because the property is owner-occupied from the perspective of the group. However, such property could qualify as investment property in the separate financial statements of the lessor, if the definition of investment property is otherwise met. [IAS 40.15] Recognition Investment property should be recognised as an asset when it is probable that the future economic benefits that are associated with the property will flow to the enterprise, and the cost of the property can be reliably measured. [IAS 40.16] Initial measurement Investment property is initially measured at cost, including transaction costs. Such cost should not include start-up costs, abnormal waste, or initial operating losses incurred before the investment property achieves the planned level of occupancy. [IAS 40.20 and 40.23] Measurement subsequent to initial recognition IAS 40 permits enterprises to choose between: [IAS 40.30] a fair value model; and a cost model. One method must be adopted for all of an entity's investment property. Change is permitted only if this results in a more appropriate presentation. IAS 40 notes that this is highly unlikely for a change from a fair value model to a cost model. Fair value model Investment property is remeasured at fair value, which is the amount for which the property could be exchanged between knowledgeable, willing parties in an arm's length transaction. Gains or losses arising from changes in the fair value of investment property must be included in net profit or loss for the period in which it arises. [IAS 40.35] Fair value should reflect the actual market state and circumstances as of the balance sheet date. [IAS 40.38] The best evidence of fair value is normally given by current prices on an active market for similar property in the same location and condition and subject to similar lease and other contracts. [IAS 40.45] In the absence of such information, the entitymay consider current prices for properties of a different nature or subject to different conditions, recent prices on less active markets with adjustments to reflect changes in economic conditions, and discounted cash flow projections based on reliable estimates of future cash flows. [IAS 40.46] There is a rebuttable presumption that the enterprise will be able to determine the fair value of an investment property reliably on a continuing basis. However, if, in exceptional circumstances, an entity follows the fair value model but at acquisition concludes that a property's fair value is not expected to be reliably measurable on a continuing basis, the property is accounted for in accordance with the benchmark treatment under IAS 16 , Property, Plant and Equipment (cost less accumulated depreciation less accumulated impairment losses). [IAS 40.53] Where a property has previously been measured at fair value, it should continue to be measured at fair value until disposal, even if comparable market transactions become less frequent or market prices become less readily available. [IAS 40.55] Cost Model After initial recognition, investment property is accounted for in accordance with the cost model as set out in IAS 16 , Property, Plant and Equipment – cost less accumulated depreciation and less accumulated impairment losses. [IAS 40.56] Transfers to or from Investment Property Classification Transfers to, or from, investment property should only be made when there is a change in use, evidenced by: [IAS 40.57] commencement of owner-occupation (transfer from investment property to owner-occupied property); commencement of development with a view to sale (transfer from investment property to inventories); end of owner-occupation (transfer from owner-occupied property to investment property); commencement of an operating lease to another party (transfer from inventories to investment property); or end of construction or development (transfer from property in the course of construction/development to investment property. When an enterprise decides to sell an investment property without development, the property is not reclassified as investment property but is dealt with as investment property until it is disposed of. The following rules apply for accounting for transfers between categories: for a transfer from investment property carried at fair value to owner-occupied property or inventories, the fair value at the change of use is the 'cost' of the property under its new classification; [IAS 40.60] for a transfer from owner-occupied property to investment property carried at fair value, IAS 16 should be applied up to the date of reclassification. Any difference arising between the carrying amount under IAS 16 at that date and the fair value is dealt with as a revaluation under IAS 16; [IAS 40.61] for a transfer from inventories to investment property at fair value, any difference between the fair value at the date of transfer and it previous carrying amount should be recognised in net profit or loss for the period; [IAS 40.63] and when an entity completes construction/development of an investment property that will be carried at fair value, any difference between the fair value at the date of transfer and the previous carrying amount should be recognised in net profit or loss for the period. [IAS 40.65] When an entity uses the cost model for investment property, transfers between categories do not change the carrying amount of the property transferred, and they do not change the cost of the property for measurement or disclosure purposes. Disposal An investment property should be derecognised on disposal or when the investment property is permanently withdrawn from use and no future economic benefits are expected from its disposal. The gain or loss on disposal should be calculated as the difference between the net disposal proceeds and the carrying amount of the asset and should be recognised as income or expense in the income statement. [IAS 40.66 and 40.69] Compensation from third parties is recognised when it becomes receivable. [IAS 40.72] Disclosure Both Fair Value Model and Cost Model [IAS 40.75] whether the fair value or the cost model is used; if the fair value model is used, whether property interests held under operating leases are classified and accounted for as investment property; if classification is difficult, the criteria to distinguish investment property from owner-occupied property and from property held for sale. the methods and significant assumptions applied in determining the fair value of investment property. the extent to which the fair value of investment property is based on a valuation by a qualified independent valuer; if there has been no such valuation, that fact must be disclosed. the amounts recognised in profit or loss for: rental income from investment property; direct operating expenses (including repairs and maintenance) arising from investment property that generated rental income during the period; and direct operating expenses (including repairs and maintenance) arising from investment property that did not generate rental income during the period. restrictions on the realisability of investment property or the remittance of income and proceeds of disposal. contractual obligations to purchase, construct, or develop investment property or for repairs, maintenance or enhancements. Additional Disclosures for the Fair Value Model [IAS 40.76] a reconciliation between the carrying amounts of investment property at the beginning and end of the period, showing additions, disposals, fair value adjustments, net foreign exchange differences, transfers to and from inventories and owner-occupied property, and other changes. significant adjustments to an outside valuation (if any) if an entity that otherwise uses the fair value model measures an item of investment property using the cost model, certain additional disclosures are required. Additional Disclosures for the Cost Model [IAS 40.79] the depreciation methods used; the useful lives or the depreciation rates used; the gross carrying amount and the accumulated depreciation (aggregated with accumulated impairment losses) at the beginning and end of the period; a reconciliation of the carrying amount of investment property at the beginning and end of the period, showing additions, disposals, depreciation, impairment recognised or reversed, foreign exchange differences, transfers to and from inventories and owner-occupied property, and other changes; the fair value of investment property. If the fair value of an item of investment property cannot be measured reliably, additional disclosures are required, including, if possible, the range of estimates within which fair value is highly likely to lie.