Real Estate Law


Real Estate Law


Real Estate and Property Law covers an extensive legal area, which is regulated by federal and state statutes, as well as common law. Many aspects of this area overlap with contract law. The terms “real estate”, “realty” and “real property” are generally used interchangeably, although many people associate “real estate” more closely with the structures or buildings and the land. However, real property/real estate encompasses more than just the obviously tangible aspects. It comprises land and that which is attached to or belongs with the land, such as the immovable structures like buildings, houses, trees, bushes and minerals permanently affixed to the land, But it also consists of the interests, benefits and rights that are legally considered attached to the real property, which can include certain rights to the air above the land, to drill in the ground beneath it, rights to live on the property for a specific timeframe or to acquire the real property in the future, and more.

The practice area of real estate and property law deals with a variety of related issues, including the following: rights and interests in real estate and real property; sales, purchases and other transfers of real estate and real property; legal aspects of rental property and landlord issues; tenants’, renters’ and homeowners’ rights; title to real property; settlement of claims against property rights; property development; zoning and land use; related agriculture issues; home loans and foreclosures; and various other relevant topics. This is a complex practice area, further complicated by the significant inconsistency in the laws throughout different cities and states. Real estate attorneys are versed in many different activities, from the mundane drafting of deeds and filing of liens, to handling boundary and zoning disputes and even assisting families in court when threatened with foreclosure. Visit Us at Google+ Copyright HG.org

Property and Real Estate Law - US

  • ABA - Real Estate Law Committee

    The primary focus of the Real Estate Law Committee is to ensure the development and professional competence of general practice, solo and small firm lawyers in the real property area.

  • ABA - Real Property, Trust and Estate Law Section

    The Real Property, Trust and Estate Law Section is a leading national forum for lawyers, and currently has over 30,000 members. The Real Property Division focuses on legal aspects of property use, ownership, development, transfer, regulation, financing, taxation and disposal. The Trust and Estate Division focuses on all aspects of trusts, estate planning, employee benefits, insurance, and probate and trust litigation.

  • DOJ - Fair Housing Act

    The primary purpose of the Fair Housing Law of 1968 is to protect the dwelling seeker from seller or landlord discrimination. It does this by protecting the buyer's or renter's right to discriminate. The goal is a unitary housing market in which a person's background (as opposed to financial resources) does not arbitrarily restrict access. Calls for open housing were issued early in the twentieth century, but it was not until after World War II that concerted efforts to achieve it were undertaken.

  • DOJ - Guide to State Real Estate Laws and Regulations

    Ten states forbid buyers’ brokers from rebating a portion of the sales commission to the consumer. Eight states require consumers to buy more services from sellers’ brokers than they may want, with no option to waive the extra items. HUD recently clarified its rule that rebates are permissible under RESPA as long as they are reported on the HUD-1 form.

  • Home Affordable Modification Program

    In February 2009, the Obama Administration introduced a comprehensive Financial Stability Plan to address the key problems at the heart of the current crisis to get our economy back on track. A critical piece of that effort is Making Home Affordable, a plan to stabilize the housing market and help struggling homeowners get relief and avoid foreclosure.

  • HUD - Foreclosure Avoidance Counseling

    HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama's comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

  • National Association of Realtors - Legislative / Regulatory Issues

    NAR has experienced phenomenal growth in the past few years to reach a new milestone: over one million members. There has never been a better time to enjoy all that NAR offers to enhance your success as a REALTOR®.

  • Real Estate Law - Definition

    Real estate is a legal term (in some jurisdictions, such as the United Kingdom, Canada, Australia, USA and The Bahamas) that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable.[1] Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial and residential real property transactions. Real estate is often considered synonymous with real property (sometimes called realty), in contrast with personal property (sometimes called chattel or personalty under chattel law or personal property law).

  • Real Estate Settlement Procedures Act (RESPA)

    HUD is requiring that loan originators provide borrowers with a standard Good Faith Estimate that clearly discloses key loan terms and closing costs and that closing agents provide borrowers with a new HUD-1 settlement statement.

  • Real Estate Transactions Law

    Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next.

  • State Landlord and Tenant Law

    This website will help landlords understand and exercise their legal rights and gain knowledge about their state’s Landlord/Tenant Laws.

  • US Department of Housing and Urban Development (HUD)

    HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships--particularly with faith-based and community organizations--that leverage resources and improve HUD's ability to be effective on the community level.

Property and Real Estate Law - International

  • Canadian Real Estate Law

    Real property refers to land which includes not only the face of the earth but everything of a permanent nature over or under it. This also includes structures and minerals. For the most part, the provinces have exclusive jurisdiction over the land within their borders not the Federal Government.

  • Global Property Guide

    International property buying is here big time. British people buy in France, Spain, Portugal and in Bulgaria. Germans buy in Croatia. Asian entrepreneurs buy in Australia and Canada. U.S. citizens buy in the Caribbean. Yet people often don't get the information they need. They rely on realtors, who are self-interested and frankly sometimes not even very well informed.So we sat down and thought: What should we have known?

  • International Real Estate Digest (IRED)

    IRED is a consumer advocate. Consumers of real estate services as well as practitioners of real estate comprise the market to whom IRED is geared.

Organizations Related to Property and Real Estate Law

  • Affordable Housing Investors Council

    The Affordable Housing Investors Council is a non-profit organization comprised of corporations engaged in the investment of funds for affordable housing. Our membership is comprised of corporate tax, financial, accounting and real estate professionals who are involved with effecting tax credit investments in affordable housing properties.

  • AIR Commercial Real Estate Association

    AIR Commercial Real Estate Association is the nation’s largest and most respected organization of industrial and commercial real estate brokers. Founded by visionary industry leaders in 1960 as the American Industrial Real Estate Association, AIR has since broadened its outreach while distinguishing itself through two overriding and central ideas.

  • American Land Title Association

    The American Land Title Association®, founded in 1907, is the national trade association and voice of the abstract* and title insurance industry. ALTA® members search, review and insure land titles to protect home buyers and mortgage lenders who invest in real estate. ALTA® is headquartered in Washington, DC.

  • American Real Estate and Urban Economics Association's (AREUEA)

    The American Real Estate and Urban Economics Association (AREUEA) was originated at the 1964 meeting of the Allied Social Science Association in Chicago. AREUEA grew from discussions of individuals that recognized a need for more information and analysis in the fields of real estate development, planning and economics. The continuing efforts of this non-profit association has advanced the scope of knowledge in these disciplines and has facilitated the exchange of information and opinions among academic, professional and governmental people who are concerned with urban economics and real estate issues.

  • American Real Estate Society (ARES)

    The American Real Estate Society (ARES), founded in 1985, is an association of real estate thought leaders. Members are drawn from academia and the profession at large, both in the United States and internationally. The Society is dedicated to producing and disseminating knowledge related to real estate decision making and the functioning of real estate markets.

  • American Seniors Housing Association (ASHA)

    The American Seniors Housing Association (ASHA) was formed in 1991. Members of ASHA are executives involved in the operation, development and finance of the entire spectrum of seniors housing – independent living, assisted living, and continuing care retirement communities.

  • Association of Commercial Real Estate

    The Association of Commercial Real Estate, ACRE, is a non-profit, professional association formed to promote working relationships and professionalism within the Sacramento commercial real estate community. ACRE brings together commercial brokers and affiliated professionals for business networking, educational presentations and discussion of industry developments.

  • National Association of Housing and Redevelopment Officials (NAHRO)

    The National Association of Housing and Redevelopment Officials (NAHRO) is the leading housing and community development advocate for the provision of adequate and affordable housing and strong, viable communities for all Americans—particularly those with low- and moderate-incomes. Our members administer HUD programs such as Public Housing, Section 8, CDBG and HOME.

  • National Association of Residential Property Managers (NARPM®)

    Our Mission is to support the professional and ethical practices of rental home management through networking, education, and designation. We are an association designed for real estate professionals who know first-hand the unique challenges of managing single-family and small residential properties. NARPM® offers an effective, professional learning environment for owners of property management companies, property managers and their office staff.

  • Real Estate Investors Association (REIA)

    National REIA's mission is to develop, support and promote local real estate investor organizations while serving the interests of the real estate investment industry through networking, education, leadership on legislative issues, and promoting professionalism and standards of excellence in our industry.

  • State Housing Finance Agencies (HFA)

    State Housing Finance Agencies (HFAs) are state-chartered authorities established to help meet the affordable housing needs of the residents of their states. Although they vary widely in characteristics such as their relationship to state government, most HFAs are independent entities that operate under the direction of a board of directors appointed by each state's governor. They administer a wide range of affordable housing and community development programs.

  • US Green Building Council

    USGBC works toward its mission of market transformation through its LEED green building certification program, robust educational offerings, a nationwide network of chapters and affiliates, the annual Greenbuild International Conference & Expo, and advocacy in support of public policy that encourages and enables green buildings and communities.

Publications Related to Property and Real Estate Law

  • CNN Money - Real Estate

    Presents nationwide articles, publications and information regarding real estate.

  • RIS Media

    The latest in homeownership tips and topics, brought to you by RISMedia.

Articles on HG.org Related to Real Estate Law

  • Architect Has to Delimit Budget with Client at Early Stage of Planning - Germany
    As a matter of principle, an architect has to delimit the economic framework for a construction project and consider the budget plans of the client with regards to the basic evaluation.
  • UAE Law - Real Estate Investor Protection Law to Be Released in 2013
    Real estate investors to soon get shot in the arm if developers fail to deliver. The Real Estate Investor Protection Law, which was highly expected to be issued this year, will now be released during the first quarter of 2013, a senior Dubai Land Department (DLD) official has said.
  • Landlord vs. Tenant - A Guide To Tenancy Management - Malaysia
    Being a landlord is not the easiest job in the world. How do you leverage your standing with your tenant? Does the law provide sufficient regulation in this area?
  • Workers Compensation: Shoulder Injuries
    Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.
  • Seller Cannot Invoke the Warranty Exemption if There Is Bad Faith - Germany
    When a house is sold, the seller is potentially unable to invoke a contractual warranty exemption if he fraudulently failed to fully disclose an existing defect.
  • Buildings: The Matter With Copyrights - Germany
    Nowadays the subject “Copyright” in the case of buildings occupies architects and builders more and more.
  • Bad Faith in Selling Real Estate - Germany
    A warranty exemption is potentially of no help to the seller of a house who does not fully and correctly describe an existing defect: where there is bad faith, he is nonetheless liable.
  • CPA Real Estate Loss
    There are laws in place to protect investors from unscrupulous brokers at companies looking to take their money and make high commissions with little promise of return; those laws work very well, for the most part, to protect investors from securities fraud or investment fraud. Be that as it may, because of a changing landscape, unscrupulous investment brokers and companies may still sell risky investments to investors with the promise that they are "safe" and "low risk."
  • Ameriprise Real Estate Investment Trust Fraud
    Although touted as safe and low risk investments, Ameriprise real estate investment trust funds have been anything but that – even though brokers have insisted to unwitting investors that they are. It's been alleged that Ameriprise Financial recommended these funds to investors, resulting in significant loss to those investors.
  • LIBYAN CONSTRUCTION LAW: CONTRACTOR’S LIABILITIES
    The Libyan Civil Transactions Code of 1953 imposes liabilities on both the contractor and the architect. Article 650 of the Civil Code holds the contractor and the architect (or supervising engineer) jointly liable for any minor or major collapse of the building even if the collapse was due to ground defects and/or the building had been approved and accepted by the owner.
  • All Real Estate and Property Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Real Estate including: construction law, eminent domain, foreclosure, homeowners association, land use and zoning, landlord and tenant law, property law, property management.