| Choosing a real estate lawyer
Law is a very complex demanding field which requires that those who practice it keep up with constant changes. Real estate law in particular is subject to constantly changing laws and statutes about ownership and taxation.
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| Closing information
After the purchase and sale contract is signed by both the buyer and the seller of a property, the buyer will need to arrange financing, have termite and building inspectors check the property out, obtain insurance for the property, and perhaps have a survey done.
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| Earnest money contracts
An earnest money contract is your written offer to purchase the property. It includes the price you are willing to pay and any other conditions you want to impose and is backed by a deposit of a check, called earnest money.
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| Emergency residential rent regulation and control
In the last few decades some real estate markets have experienced such high demand that emergency residential rent regulation has become necessary. In most areas, such measures will only be taken if the vacancy rate is near zero for extended periods of time.
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| Eminent domain
Eminent domain is the right of the government to take ownership of privately-held real estate regardless of the owner's wishes. Land for schools, freeways, parks, public housing, and other social and public interests are obtained in this manner and the structures on the existing land may be condemned and destroyed.
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| Fraud in transfers, revocations, and trusts
Sometimes people who are in financial trouble will try to conceal real estate holdings or use them to conceal money they might owe to creditors. Needless to say these practices are illegal and are often punishable by fines and incarceration.
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| Implied warranty of habitability
Before the 1960's there were few laws in the United States mandating the condition a property must be in before it's rented to another party. Since then, however, a doctrine called the Implied Warrant of Habitability has been widely adopted.
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| Land registration law facts
Purchasing land, like any other large purchase, involves observing state and federal regulations and taxes. Depending on what sort of property you're purchasing, you may need to register with different state agencies.
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| Landlord's duties
Just as a tenant has certain duties that they must fulfill, so does the landlord. One of the first duties a landlord must observe is to comply with all federal and state laws such as the implied warranty of habitability, which states that any rented property must meet basic standards of human habitation, and the Fair Housing Act, which outlaws discriminatory leasing policies.
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| Landlord's rights
The rights of a commercial landlord are controlled by the contract executed with the tenant. The rights of a residential landlord are controlled by the contract and state law.
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| Limits on tax-free gifts
Tax laws in the United States allow an individual to give Ten-Thousand Dollars annually tax-free. Married couples are allowed tax-free gifts up to Twenty-Thousand Dollars.
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| Real estate agents and listing agreements
Most houses in the U.S. are sold with the assistance of real estate agents. It's all right to sell your own home without being a licensed agent. However, if you're going to arrange for the sale of someone else's house and charge a fee for your services, then you must be a licensed broker or a real estate agent working through a licensed broker.
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| Real estate terminology
Like other trades and industries, real estate has a language all its own. For someone who isn't experienced with real estate terminology the language can be both confusing and intimidating.
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| Tenant's duties
When a tenant leases a property from a renter, there are several responsibilities that they must live up toregarding payment, repairs and behavior. The most basic of these duties is the duty to pay rent.
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| Tenant's rights
The law makes an important distinction between commercial tenants and residential tenants. If you are a commercial tenant, your contract will control your rights and must be read carefully.
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| Termination of tenancy
Depending on the type of tenancy you fall under, your tenancy is subject to specific laws regarding termination. If your tenancy is an 'estate for years' arrangement, then your lease has a specific date on which it runs out and no notice is required.
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| Title insurance
Title insurance is basically protection purchased by the buyer should any claims, such as liens (leans), judgments, or pending lawsuits, be found against the title once the home is purchased.
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| Types of tenancy
In the eyes of the law the type of tenancy that you fall under is important for purposes of ownership rights and property taxes. There are four primary types of tenancy an individual can fall under.
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| Unclaimed property
Sometimes real estate turns out to be abandoned or left in the hands of the State by the death of the individual who owned it. In cases such as this, the state will hold the property for a standard time, usually more than a year, so that the property can be claimed by the owner or heir.
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| What does fair housing mean?
Fair Housing is a policy that has been established by the federal government to make it illegal to discriminate against a person's race, religion, age, sex, marital status, ethnicity or disability when making a decision about their application for tenancy.
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| Who enforces these laws?
There are many rules and regulations for housing policy at national, state and local levels. Depending on the particular violation at issue, there are literally dozens of organizations and levels of government that enforce it.
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