To help with your writing efforts, here’s what people are looking for in Real Estate Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:
Consider writing about:
How states are responding to increased risk of serious wildfires and associated damage to commercial or residential properties; related issues involving property owner obligations pertaining to property modifications, upkeep, disclosures, or other responsibilities; any new bans, limitations, or other restrictions on new construction; how the real estate industry and construction industry are responding to increased concerns over wildfires.
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Challenges for homeowners or business owners seeking to clean up and rebuild after a natural disaster; what to know about obtaining permits to rebuild damaged homes or businesses; related mortgage, tax, and insurance issues; assistance available from the Federal Emergency Management Agency or other federal or state agencies; owners’ options if their properties cannot be rebuilt.
Consider writing about:
Wire transfer fraud and other forms of cybercrime that target real estate transactions; types of scams and cyberattack tactics to be on the lookout for; related statistics and trends; how real estate agents, lawyers, financial institutions, or clients can protect themselves from cybercrime, liability risks, and related financial losses.
Related information:
https://www.cnbc.com/2024/07/23/wire-fraud-in-real-estate-silicon-valley-executive-warning.html
Consider writing about:
Environmental liabilities that can arise when buying real estate; red flags to watch for during or prior to negotiations and a possible purchase; applicable disclosure requirements; how to determine potential risk areas; contract terms that may provide protection to a buyer in the event that some warning signs are overlooked; additionally or alternatively, how to minimize environmental liability following a completed real estate purchase; any instructive rulings or related regulatory actions that may help illustrate these points; any additional practical guidance regarding purchaser obligations and the due diligence process.
Consider writing about:
Your choice of three or more noteworthy real estate disputes, settlements, rulings, trends, or other interesting developments from 2024; their immediate impact and their potential longer-term implications for 2025 and beyond. If you so desire, focus your selections and analysis on a particular region or type of real estate.
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What a second Trump administration could mean for the real estate sector; potential impacts of likely or possible changes involving environmental regulation, immigration, and other policy shifts; what to watch for from the Trump administration, Congress, and other key entities.
Consider writing about:
Anti-money laundering regulations issued by the Financial Crimes Enforcement Network on Aug. 28; real estate transactions to which the regulations apply; when the regulations become effective; what else individuals or entities involved in the real estate sector should know about the regulations and related obligations.
Related information:
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Property owners’ potential liability for criminal activity carried out by their tenants; types of illegal or questionable activity that could trigger legal problems for property owners; property owners’ rights and obligations if their tenants are suspected of engaging in criminal or dangerous behavior; specific steps that can be undertaken to reduce a property owner’s risk and protect property; discrimination risks to avoid in the process.
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Construction disputes that can arise following severe weather incidents. What to know about such matters as supply chain interruptions, project timelines; deadline extensions; replacement materials; and insurance or contractual matters to attend to, either prior to, or following, a weather-related setback.
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How a bankruptcy affects commercial tenants’ obligations to their landlords; circumstances under which someone may be able to defer or otherwise mitigate rental payments or other obligations; options that a landlord may have available when faced with a tenant’s bankruptcy; instructive court rulings on these issues; additional guidance on contracts, communications, and legal risk.
Consider writing about:
How local and state rent control laws are faring these days; what to know about recent ballot measures, court rulings, or other developments of note; what else tenants or property owners should know about the rent control landscape and related rights and obligations.
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Property tax issues on state ballots on Election Day; what to know about the measures and how they performed with voters; related trends involving property taxes, either regionally or nationally.
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A lawsuit against major hotels over their room rates; issues involving pricing algorithms; how the hotels’ pricing methods are alleged to constitute price-fixing; related trends involving algorithmic pricing and associated liability risks.
Related information:
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A recent federal appeals court ruling regarding the property owners’ right to ban or restrict the presence of firearms; key points in the ruling; how the 9th Circuit ruling compares to rulings by other federal appeals courts on these issues; options, obligations, and potential liability risks for property owners as regards gun control and personal safety on their property’s premises.
Related information:
https://cdn.ca9.uscourts.gov/datastore/opinions/2024/09/06/23-16164.pdf
Consider writing about:
The right and wrong ways to evict a tenant from a commercial or residential property; relevant information and practical guidance regarding any of the following points: compliance with state or local laws; coordination with existing landlord-owners in the case of a planned property purchase, and respective rights and obligations; what constitutes a protected class; requirements involving advance notice, deadlines, or time limits; definition of a nuisance tenant; feasibility of incentive payments for prompt or accelerated vacating of a property; negotiation tactics; etc.
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The legal rights and obligations of commercial or residential tenants, property owners, HOAs, property managers, or others following a natural disaster; issues involving any of the following: rental payments; delinquent payments; evictions or eviction suspensions; repair obligations; rights to substitute or rehabbed properties; lender communications; mortgage obligations; tax implications and strategies in the case of damaged or destroyed real estate; available financial aid, insurance coverage, or other assistance; obtaining building permits to rebuild damaged homes and businesses; what to do if properties cannot be rebuilt; how to fend off speculators, phishing attacks, shady or less than reliable contractors, social media misinformation, and other frauds or threats to property ownership, rights, and finances.
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Recent gains (nationally or in the state or area of your choice) made by tribal entities regarding property rights and land usage; whether there is a trend of tribes increasing their successes in gaining restored or new rights in this regard; any recurring arguments, strategies, or themes of interest; any similar disputes on the horizon, and what interested parties should be watching for.
Consider writing about:
The basics of leasing office or warehouse space; key considerations to keep in mind when evaluating properties; common mistakes business owners make when leasing space and how to avoid them; how to know when it makes sense to buy rather than rent; overview of leasing contracts and standard landlord and tenant obligations.
Consider writing about:
Real estate investment trusts; what they consist of; how they are used; applicable tax regulations; related compliance issues and enforcement trends; why REITs are coming under scrutiny from members of Congress.
Related information:
https://finance.yahoo.com/news/senator-elizabeth-warren-joins-call-130343062.html
Consider writing about:
The Revitalizing Downtowns and Main Streets Act; focus and status of this congressional legislation; how participants in the program would qualify for investment tax credits.
Related information:
https://www.congress.gov/bill/118th-congress/senate-bill/4693/titles
Consider writing about:
An August ruling by the Federal Circuit regarding the U.S. government’s COVID-related moratorium on evictions; basis for the Federal Circuit’s ruling; what the court’s decision means for property owners’ lawsuit over the government action; whether any eviction moratoriums of this sort still exist; what to know about the Fifth Amendment’s takings clause and related legal trends; and perhaps a more general look at the eviction process and pointers (for either side of an owner-tenant relationship) on how to negotiate the terms of an eviction.
Related information:
https://cafc.uscourts.gov/opinions-orders/22-1929.OPINION.8-7-2024_2363309.pdf
Consider writing about:
A lawsuit filed against real estate software company RealPage by the U.S. Department of Justice and eight state attorneys general; basis for the antitrust allegations against the company; takeaways regarding the lawsuit’s attention to RealPage’s use of AI-powered algorithms; related trends involving enforcement actions regarding suspected price-fixing or alleged misuse of artificial intelligence within the real estate sector.
Related information:
Consider writing about:
Final rules issued on Aug. 28 by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN); types of properties and transactions at issue in the residential real estate rule and the investment adviser rule; how the final rules will affect reporting obligations and related practices on the part of real estate professionals, investment advisers, and others; concerns or trends that led FinCEN to develop the new rules.
Related information:
Consider writing about:
A federal appeals court’s ruling regarding a bank’s denial of a mortgage application; how the applicant’s credit history and related records became an issue in this case; what would-be real estate buyers should know about credit reports’ preparation and their recourse if they believe that the reports are inaccurate or misleading in some regard.
Consider writing about:
Proposals announced by Kamala Harris and Tim Walz aimed at making home ownership more affordable or otherwise easing the housing crunch; related incentives involving down payments, home construction rates, or other factors; feasibility and potential impact of the Democratic ticket’s housing-related ideas; whether the Republicans are coming out with any noteworthy proposals regarding the housing crunch, and, if so, how they compare to the Democrats’ ideas.
Related information:
https://www.newsweek.com/harris-walz-housing-prices-first-time-homebuyer-1940324
Consider writing about:
How the rescheduling of cannabis could affect real estate trends. Among the issues to explore: rescheduling’s potential impact on real estate financing, investments, property owner concerns or liability risks, and demand for new, expanded, or repurposed properties; questions your firm may already be getting from participants in the real estate sector regarding rescheduling’s potential effect on their area of interest; current status of rescheduling efforts.
Consider writing about:
A form of home seller financing known as contracts for deed; what these types of arrangements commonly consist of; how these types of contracts are regulated or overseen; related protections or risks; key takeaways from a recent release by the Consumer Financial Protection Bureau regarding contracts for deed; potential recourse for individuals who feel they have been wronged by the use of predatory mortgage products.
Related information:
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Tax issues that first-time homebuyers should be paying attention to, whether prior to a property purchase, or after the acquisition of a property, or, down the road, if they decide to sell that property; guidance on tax obligations, credits, and deductions; common oversights or misunderstandings pertaining to real estate-related tax reporting and filing; tax mitigation strategies.
Consider writing about:
Key issues involving state and local building codes (in the region of your choice); how and when they are updated; the process by which changes are proposed, agreed upon, and implemented; whether building codes are keeping pace with severe weather incidents, climate change, and other contemporary stresses, recommendations, priorities, or trends; any recent legal or regulatory developments of note.
Consider writing about:
A recent New Jersey appeals court ruling involving age restrictions on ownership of residential property; what the ruling means for senior housing communities in that state; how senior communities in other states structure their occupancy and ownership rules and restrictions; whether other states have seen significant rulings or legal cases similar to the New Jersey dispute.
Related information:
https://patch.com/new-jersey/berkeley-nj/homeownership-cant-be-age-restricted-berkeley-court-rules