🏠Intro to Real Estate Economics Unit 3 – Legal Aspects of Real Estate

Key Legal Concepts

• Real property refers to land and anything permanently attached to it (buildings, trees, minerals)
• Personal property is movable and not permanently attached to land (furniture, vehicles, equipment)
• Ownership rights include the right to possess, use, control, exclude others from, and dispose of property
• Bundle of rights concept views property ownership as a collection of distinct rights that can be separated and transferred individually
• Eminent domain allows the government to take private property for public use with just compensation to the owner
• Police power enables state and local governments to regulate property use for the public good (zoning, building codes, environmental regulations)
• Escheat occurs when property reverts to state ownership due to lack of legal heirs or abandonment

Property Rights and Ownership

• Fee simple absolute is the most complete form of property ownership, giving the owner full control and the right to transfer the property
• Life estate grants ownership rights to an individual for the duration of their life, with the property reverting to a designated party upon the life tenant's death
• Leasehold estate is a temporary right to possess and use property for a specified term, subject to the terms of a lease agreement
• Concurrent ownership allows multiple parties to have an undivided interest in the same property simultaneously
  • Joint tenancy includes the right of survivorship, where the deceased owner's share automatically passes to the surviving joint tenants
  • Tenancy in common allows owners to have unequal shares and transfer their interest independently without right of survivorship
• Adverse possession grants ownership rights to a non-owner who openly occupies and improves another's property for a statutory period without the owner's permission
• Easements are limited rights to use another's property for a specific purpose (access, utilities) without granting ownership
• Restrictive covenants are agreements that limit the use of property, often to maintain property values in a development (architectural controls, land use restrictions)

Real Estate Contracts

• Purchase and sale agreements outline the terms of a real estate transaction (price, closing date, contingencies, earnest money)
• Offer and acceptance create a binding contract once the seller accepts the buyer's offer or counteroffer
• Consideration is the exchange of value (money, property, services) that makes a contract legally enforceable
• Statute of Frauds requires certain contracts, including real estate transactions, to be in writing and signed to be enforceable
• Contingencies are conditions that must be met for the contract to proceed (financing, inspections, title review)
  • If a contingency is not satisfied, the contract can be terminated without penalty
• Specific performance is a legal remedy that compels a party to fulfill their contractual obligations, often used in real estate when monetary damages are insufficient
• Liquidated damages clauses specify a predetermined amount of compensation if a party breaches the contract
• Earnest money is a deposit made by the buyer to show good faith and commitment to the transaction, typically held in escrow until closing

Zoning and Land Use Regulations

• Zoning ordinances divide a municipality into districts with specific permitted uses (residential, commercial, industrial) and development standards (density, setbacks, height limits)
• Variances allow property owners to deviate from zoning requirements due to unique hardships or circumstances
• Conditional use permits allow land uses that are not automatically permitted but may be approved with conditions to mitigate impacts
• Nonconforming uses are properties that were legal before a zoning change but no longer comply with current regulations, often grandfathered in with restrictions on expansion or alteration
• Comprehensive plans guide long-term land use and development goals for a community, informing zoning decisions
• Environmental regulations protect natural resources and public health (wetlands protection, air and water quality standards, hazardous waste management)
• Historic preservation ordinances safeguard culturally significant properties and districts from demolition or inappropriate alterations
• Inclusionary zoning requires developers to provide a percentage of affordable housing units in new projects to promote mixed-income communities

Title and Deed Issues

• Title refers to the legal right to own, possess, and transfer real property
• Chain of title is the historical record of ownership transfers for a property, used to verify clear title
• Marketable title is free from defects, liens, or encumbrances that would hinder a sale or transfer
• Title search is the process of examining public records to determine the current owner and any outstanding claims or restrictions on the property
• Title insurance protects buyers and lenders against financial losses from title defects or competing claims that arise after the purchase
  • Owner's policy covers the buyer's interest
  • Lender's policy covers the mortgage lender's interest
• Deeds are legal instruments that transfer ownership rights from the grantor (seller) to the grantee (buyer)
  • Warranty deed offers the greatest protection, guaranteeing clear title
  • Quitclaim deed transfers only the grantor's interest without guarantees
• Recording is the process of filing deeds and other property documents with the local government to provide public notice and priority over subsequent claims
• Quiet title action is a lawsuit to resolve competing claims and establish clear ownership of a property

Landlord-Tenant Laws

• Leases are contracts that grant tenants the right to possess and use a property for a specified term in exchange for rent payments
• Security deposits are funds held by the landlord to cover potential damages or unpaid rent, subject to state regulations on amount, storage, and return
• Habitability implies a landlord's duty to maintain the property in a safe and livable condition, including repairs and essential services
• Constructive eviction occurs when a landlord's actions or failure to maintain the property make it uninhabitable, allowing the tenant to terminate the lease
• Fair Housing Act prohibits discrimination in rental housing based on protected classes (race, color, religion, sex, national origin, familial status, disability)
• Rent control limits the amount and frequency of rent increases for certain properties to preserve affordable housing
• Eviction is the legal process of removing a tenant for cause (nonpayment of rent, lease violations, illegal activity)
  • Notice requirements and procedures vary by state and local laws
• Holdover tenancy occurs when a tenant remains in possession after the lease term ends, often converting to a month-to-month tenancy with the landlord's consent

Real Estate Transactions and Closings

• Due diligence is the buyer's investigation of the property's condition, title, zoning, and other factors before closing
• Inspections assess the physical condition of the property (structural, mechanical, pest) and may be contingencies in the purchase contract
• Appraisals estimate the property's market value, typically required by lenders to ensure the loan amount does not exceed the collateral value
• Financing contingency allows the buyer to terminate the contract if they are unable to secure a mortgage on acceptable terms
• Closing is the final step in the transaction where ownership is transferred, documents are signed, and funds are exchanged
  • Closing disclosure summarizes the key terms and costs of the mortgage for the borrower
  • Settlement statement itemizes the debits and credits for the buyer and seller
• Escrow is a neutral third party that holds funds and documents until the conditions of the transaction are met, then disburses them according to instructions
• Prorations adjust certain expenses (property taxes, HOA dues, rent) between the buyer and seller based on the closing date
• Title transfer occurs when the deed is delivered to the buyer and recorded with the local government

Legal Challenges and Dispute Resolution

• Breach of contract occurs when a party fails to perform their obligations under the agreement, entitling the non-breaching party to legal remedies (damages, specific performance)
• Misrepresentation is a false statement or omission of material fact that induces a party to enter a contract, potentially voiding the agreement
  • Fraud involves intentional deception
  • Negligent misrepresentation is unintentional but fails to exercise reasonable care
• Disclosure laws require sellers to inform buyers of known material defects that affect the property's value or safety (lead paint, mold, structural issues)
• Boundary disputes arise when there is uncertainty or disagreement about the location of property lines between adjoining owners
  • Surveys and legal descriptions help resolve boundary issues
• Encroachments occur when a structure or improvement extends beyond the owner's property line onto a neighboring property without permission
• Mediation is a form of alternative dispute resolution where a neutral third party facilitates negotiation and voluntary agreement between the disputants
• Arbitration is a binding process where a neutral third party hears evidence and renders a decision, often required by contract or court order
• Litigation is the formal court process of resolving disputes through lawsuits, trials, and appeals, generally as a last resort when other methods fail