Real Estate Law Overview

Real estate law governs property transactions, zoning, leasing, and landlord-tenant disputes to ensure legal compliance and protect property rights.

Key Components of Real Estate Law

Common Areas of Focus

Property Transactions

Definition: Buying and selling real estate.

Example: Drafting and reviewing purchase agreements.

Zoning

Definition: Regulations on land use and development.

Example: Securing zoning permits for new construction.

Leasing

Definition: Agreements between landlords and tenants.

Example: Drafting residential or commercial leases.

Landlord-Tenant Disputes

Definition: Conflicts over rental agreements or property conditions.

Example: Resolving issues related to eviction or maintenance.

Legal Protections

Federal Laws

Fair Housing Act: Prevents discrimination in housing.

State Laws

Vary by state but typically include regulations on property transactions, landlord-tenant relationships, and zoning.

Example: A landlord follows state laws for tenant eviction procedures.

Causes of Action

Legal claims in real estate law can arise from various issues:

Breach of Contract:

Failing to uphold terms in property transactions or leases.

Zoning Violations:

Non-compliance with local zoning regulations.

Property Disputes:

Conflicts over property boundaries or ownership.

Resolutions and Remedies

Resolutions in real estate law aim to address disputes and ensure fair outcomes. Possible remedies include:

Specific Performance: Court order requiring a party to fulfill contractual obligations.
Monetary Damages: Compensation for financial losses.
Injunctions: Preventing a party from engaging in certain activities.
Mediation: Negotiated resolutions to avoid litigation.

These remedies help protect property rights and ensure legal compliance.