pencelawoffice.com » Real Estate Law

Real Estate Law

Real Estate Law is also known as the Real Property Law. Real Estate Law governs different forms of ownership in real and in personal property. This law pertains to the possession, use, sale and development of real property. This includes anything permanently affixed and the permanent manmade additions attached to it. Real Estate Law includes the facility to hold interests in real property, allowable benefits in real property, relations between owners, owners and the community relations, relations between landlord and tenants, the conveyance of interests in real property, and real property financing, which includes deeds and mortgages. Real estate transactions, which include purchases, sales, and leases, are ruled by an extensive federal and state legislature, and the requirements set up by state law often vary in every state.

What are Renters Rights?

This is a set of standards which determines the basic rights of a tenant/lessee. This includes the right to live in habitable rental units, which specify sanitary conditions, structurally safe premises, weatherproofing, heat, water, and electricity. Tenants have rights to receive written notice to when ownership of the property is transferred to a new landlord.

What are Housing Rights?

This act rules out discrimination and harassment in all features of housing, which includes sales and rentals, evictions, terms and conditions, mortgage loans and insurance, and land use and zoning. This particular act requires housing providers to make reasonable accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable modifications of the premises.

What are Brokers?

Real estate brokers may be employed by a seller to seek prospective buyers for their properties. Real estate brokers are agents; therefore have duties and obligations to the person who employed them. The broker is in no means should make any contractual promises about the property and could not take any part in any agreement to purchase the property between the seller and the buyer has made. 

Real Estate Contracts and Transfers

The general principles of contract law rule the agreement to sell between a real estate buyer and seller. The law of frauds requires that real property contracts be in writing. The real estate titles that are to be marketed must be free from liability, which means that it must be free and clear of all encumbrances, liens, proceedings risks, or other title flaws. The seller must execute and deliver a deed with a proper description of the land when passing the title. The states require that the deed be legitimately noted to determine ownership of the property and to provide notice of its transfer to following purchasers.

Mortgages

To finance a real estate transaction, the most common method is through a loan secured by a mortgage on the property. The mortgagor usually repays a mortgage in installments that include both interest and principal payments. Foreclosure can result if the mortgagor fails to make payments, with the creditor stating that the entire debt is due immediately.

Mortgage Foreclosures

If the mortgagor fails to pay and make up for the mortgage debt then it will result to foreclosure.  Foreclosures result in the sale of the property to satisfy any remaining mortgage debt.