Real Estate Trending Topics

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:

What’s Happening With CFPB’s Clean Energy Financing Rule? 

Consider writing about:

Legal wrangling over the Consumer Financial Protection Bureau’s Residential Property Assessed Clean Energy Financing rule; how PACE financing works, whom it’s intended for, and eligibility criteria; reasons for an industry group’s challenge to the CFPB rule; where the rule stands now; what else interested property owners should know about this form of financing, the CFPB rule, its pros and cons for various situations, potential financing alternatives aimed at encouraging energy efficiency; and perhaps a cautionary note regarding scam attempts by fraudsters who try to portray themselves as legitimate PACE entities, and how individuals or businesses can protect themselves against these types of scams.

Offer ‘Versus’ Option to Purchase: Know the Difference 

Consider writing about:

The differences between an option to purchase and an offer to purchase; key rights, obligations, risks, relative advantages or disadvantages, and other distinctions between the two actions; any noteworthy real estate disputes over options or offers to purchase, and what can be learned from those.

After the Storm: Property Owner Duties and Liability Risks 

Consider writing about:

Property owner obligations following heavy snowstorms; what property owners need to keep in mind regarding maintenance of sidewalks or other areas around their properties; what areas, types of access, and individual rights are typically covered by local ordinances in these situations; potential penalties for non-compliance; added liability risks involving slip-and-fall dangers during icy conditions.

Property Sales and the Right of First Refusal [Ongoing] 

Consider writing about:

What a commercial property owner or a commercial tenant should know about the right of first refusal when a property is potentially going up for sale; rights, obligations, and potential pitfalls to be aware of. Consider whether to present a list of do’s and don’ts, or whether to use a real-life cautionary tale to illustrate your points.

How Office Building Conversions Are Faring 

Consider writing about:

Office-to-residential conversion trends; where these types of real estate conversions are surging; lessons being learned from conversions to date, or a reality check on the overall process, given the cost, structural requirements, design preferences, permitting processes, and the return-to-office trend; conditions that are most favorable for this type of real estate conversion; any noteworthy financial or regulatory incentives being offered to developers; what else prospective investors, builders, buyers, tenants, or others should know about these conversions.

Related information:

https://www.cushmanwakefield.com/en/united-states/news/2025/10/office-to-residential-conversions-surge-to-record-levels-in-new-york-city

What to Know About Limitation of Liability Clauses [Ongoing] 

Consider writing about:

Limitation of liability clauses; what these clauses typically consist of in a construction-related context; main effects of these clauses for various sides of a business relationship; any noteworthy legal disputes involving a limitation of liability clause, and practical takeaways from those disputes.

Pros and Cons of Landmark Properties 

Consider writing about:

Ownership of landmark real estate properties; unique obligations that may apply as regards maintenance, repairs, renovations, or the permitting process; how a would-be buyer or existing owner can find out about a property’s landmark status; any obligations on the part of a seller to disclose a property’s landmark nature; what entity declares a property to be a landmark, and the process for doing so; pros and cons of owning real estate that has been designated as a landmark; what to consider before contesting landmark status; any noteworthy disputes over landmark properties.

What to Know About Algorithmic Pricing Practices 

Consider writing about:

The usage of algorithms to set prices in the real estate industry, whether for renters, homebuyers, or commercial properties; objections being raised to this type of pricing tool; local or state efforts to restrict or ban algorithmic pricing in the real estate sector; any noteworthy disputes involving the use of algorithmic pricing; what else businesses or individuals involved with real estate should know about this practice and its pros and cons.

How Property Owners Should Handle Nuisance Tenants [Ongoing] 

Consider writing about:

Nuisance tenants. What constitutes a nuisance tenant under the law? How can owners of commercial or residential real estate best handle issues involving nuisance tenants? What are an owner’s obligations to address these types of situations? What are some key liability risks for property owners, as regards either the nuisance tenants themselves (and their impact on the owner’s property, and its condition, and value) or as regards individuals or entities who are being affected by the nuisance tenants’ behavior?

Real Estate Highlights From 2025: Tell Us What You Think 

Consider writing about:

Your choice of three or more noteworthy real estate disputes, settlements, rulings, trends, or other interesting developments from 2025; their immediate impact and their potential longer-term implications for 2026 and beyond. If you so desire, focus your selections and analysis on a particular region, authority, or type of real estate.

Takeaways From Compass-Anywhere Merger 

Consider writing about:

Compass Inc.’s acquisition of Anywhere Real Estate; significance of this merger, in terms of its magnitude, implications for participants in the real estate market, and what it may signal about M&A trends and the antitrust enforcement landscape, whether generally or in relation to the Trump administration, or pertaining specifically to the real estate sector.

Related information:

https://www.bloomberg.com/news/articles/2026-01-09/doj-allows-compass-anywhere-deal-over-staff-antitrust-concerns

Is Trump Administration Poised to Shake Up Residential Real Estate Market? 

Consider writing about:

A proposal recently floated by President Trump on social media to ban large investment companies from buying single-family houses; how institutional investment in that real estate sector has trended in recent years; how a ban on these investors would affect the real estate market, participants in the market, and related parties or industries; how such a ban would be approved and implemented; whether this idea has been tried previously (in the jurisdiction of your choice); any other new proposals that may be gaining steam, whether on the federal or state level, to try to make homebuying more affordable.

Practical Pointers on Flood Insurance 

Consider writing about:

Insurance policy options or other forms of coverage, relief, or assistance in the event of flood damage; common misconceptions about insurance for flood-related damage and what is, or is not, typically covered; additional factors to consider when seeking insurance coverage that will address flood damage; any instructive or otherwise noteworthy disputes over flood insurance claims; how businesses or individuals can best prepare for the possibility of flood damage; how to resolve disputes over insurance claims; top insurance-related priorities after a flood; how to maximize recovery under insurance policies.

RealPage, DOJ Reach Settlement Over Software’s Impact on Rental Properties 

Consider writing about:

A settlement announced last month by the U.S. Department of Justice with RealPage over the company’s rent-setting software; related price-fixing allegations involving the nation’s rental housing market; what the settlement terms mean for RealPage’s software and the company’s business practices; the settlement’s implications for landlords and renters; and perhaps a wider-angle look at antitrust investigations and the real estate sector, and at the emergence of algorithmic software and how that has affected pricing practices and antitrust enforcement.

Related information:

https://www.justice.gov/opa/media/1419406/dl

[Ongoing] How to Negotiate a Commercial Real Estate Lease 

Consider writing about:

Best practices for negotiating, or renewing, a commercial real estate lease. Consider writing a list of top five or more do’s and don’ts, or an examination of common pitfalls or oversights, or an analysis of a real-life cautionary tale, with the addition of practical takeaways from that case.

What Lessons Might Sonder’s Bankruptcy Hold for Real Estate Sector? 

Consider writing about:

Bankruptcy plans on the part of short-term rental company Sonder; what niche the company filled (or hoped to fill) in the real estate sector; any practical takeaways from the breakdown of Sonder’s licensing agreement with hotel chain Marriott; related reputational damage to Marriott and other fallout for the hotel chain; what other companies may want to think about before partnering with short-term rental operations or short-term rental startups; additional issues that may have contributed to Sonder’s financial difficulties; what to know about the Chapter 7 bankruptcy process; and perhaps a wider-angle look at the short-term rental market, or a review of practical information for Sonder customers who may have been left stranded by the company’s bankruptcy.

Related information:

https://www.sfgate.com/tech/article/sf-company-sonder-suddenly-goes-belly-up-21165423.php

https://www.businessinsider.com/marriott-sonder-guest-safety-bargaining-chip-bankruptcy-2025-11

https://therealdeal.com/new-york/2025/11/13/moinian-family-sues-sonder-over-chaos-at-manhattan-hotels

https://www.hoteldive.com/news/marriott-sonder-licensing-agreement-terminated/805402

SaaS Agreements for Real Estate Deals or Construction Projects [Ongoing] 

Consider writing about:

The use of Software as a Service (SaaS) agreements in the real estate and/or construction sectors; advantages of using SaaS agreements in either of these contexts; how to choose a SaaS vendor; key contractual points to keep in mind; additional potential pitfalls to be aware of.

Liability Stemming From a Tenant’s Criminal Activity [Ongoing] 

Consider writing about:

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 property owners’ risk and protect their property in these types of situations; potential discrimination risks to avoid in the process.

Do Zombie Mortgage Loans Linger Among Us? 

Consider writing about:

So-called “zombie” mortgage loans; what they consist of; how widespread they are; situations apt to open the door to zombie loans; state or federal laws that regulate the debt collection process in these types of cases; related consumer rights or protections; any noteworthy litigation involving zombie mortgages.

Related information:

https://www.bloomberg.com/graphics/2025-zombie-home-mortgage-debt-collection-investigation

How Cybercriminals Target Real Estate Transactions 

Consider writing about:

Wire transfer fraud and other forms of cybercrime that target real estate transactions; types of scams and cyberattack tactics that individuals or entities in the real estate and financial services industries should be on the lookout for; how artificial intelligence may be heightening cyberthreats for parties to real estate transactions; how real estate agents, lawyers, financial institutions, or clients can protect themselves from cybercrime, liability risks, and related losses.

How Immigration Enforcement Is Raising New Risks for Real Estate Owners, Managers 

Consider writing about:

Evolving risks for commercial or residential real estate owners or managers in the face of expanded immigration enforcement by federal authorities in the United States; related obligations to tenants or others; how property owners or managers can prepare for the possibility of actions by immigration officials or other law enforcement agents on their premises; what to know about various types of warrants or other legal documentation, requests, or demands, and how to respond to them; legal or financial options if immigration agents damage real estate property during enforcement actions.

Construction Defects and Insurance: What to Know 

Consider writing about:

Insurance trends or tips involving construction defects; noteworthy disputes or rulings; contractor or subcontractor liability; what to know about insurance coverage or other forms of relief when construction defects become an issue; how legislators are responding to concerns over construction defects.

How to Safely Break a Lease [Ongoing] 

Consider writing about:

How someone can legally break a commercial real estate lease. What are some crucial considerations regarding contracts, communication, timing, penalties, and other processes and obligations? Consider writing a detailed list of five or more tips – or, alternatively, write a detailed list of top do’s and don’ts. Additionally, consider whether to examine a noteworthy legal case as a way of illustrating your points or as a cautionary tale or jumping-off point for a wider discussion of key issues.

Supportive Housing Trends Worth Knowing About 

Consider writing about:

Supportive housing. How this type of housing bas historically been defined (in the jurisdiction of your choice), and how it may be evolving or expanding in terms of population types, design elements, volume, or otherwise; related trends involving zoning, construction, project funding or tax credits, individual financial assistance, government support, eligibility criteria, oversight, and regulation; how someone qualifies for a spot in supportive housing; any noteworthy controversies or legal disputes over supportive housing, and what may be learned from them.

Calif. Governor Signs Legislation Aimed at Spurring Residential Construction 

Consider writing about:

Housing-related bills signed by California Gov. Gavin Newsom on Oct. 10; some of the more controversial or significant aspects of these pieces of legislation, whether for developers, renters, landlords, or the overall construction or real estate industries; how the issues addressed in this legislation compare to recent or long-standing real estate trends in California; how California’s residential construction history and related challenges compare to those seen in other states.

Related information:

https://www.gov.ca.gov/2025/10/10/governor-newsom-builds-on-this-years-historic-housing-reforms-signs-legislation-to-accelerate-housing-and-affordability

https://www.politico.com/news/2025/10/10/gavin-newsom-signs-contentious-bill-to-spur-housing-construction-00602129

https://www.cbsnews.com/sanfrancisco/news/sb79-homes-near-transit-newsom-signs-california-housing-affordability-crisis

FTC Sues Zillow, Redfin Over Agreement Between the Two Companies 

Consider writing about:

A lawsuit brought by the Federal Trade Commission against online real estate companies Zillow and Redfin; basis for the antitrust lawsuit; the companies’ potential defenses in this case; what to know about regulators’ scrutiny of alleged anti-competitive behavior in the real estate sector; how regulation of the industry performed under the first Trump administration and how it is looking under the second administration.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2025/09/ftc-sues-zillow-redfin-over-illegal-agreement-suppress-rental-advertising-competition

https://www.cbsnews.com/news/zillow-redfin-ftc-lawsuit-rental-competition

New Flood Disclosure Rules Take Effect in Florida 

Consider writing about:

A flood disclosure law that went into effect in Florida as of Oct. 1st; types of information required to be disclosed under the new mandate; what form the information must take and when it must be provided; penalties for non-compliance; what else renters, landlords, and home sellers or buyers should know about the new law; whether similar laws have recently been passed, or are under consideration, in other areas of the United States.

Related information:

https://www.newsweek.com/florida-housing-law-10798526

DOJ Reaches Proposed Settlement With Leading Landlords Over Anti-Competitive Practices 

Consider writing about:

A proposed settlement announced by the U.S. Department of Justice on Aug. 8 involving landlords’ alleged anti-competitive behavior; how the companies’ use of algorithms played a role in their practices; types and volumes of properties and markets at issue in this case; key settlement terms worth noting; what this case (either in and of itself, or in combination with other cases pursued by the DOJ) may signal to the real estate industry regarding best practices and enforcement trends.

Related information:

https://www.justice.gov/opa/pr/justice-department-reaches-proposed-settlement-greystar-largest-us-landlord-end-its

Tax Tips for Real Estate Owners and Investors [Ongoing] 

Consider writing about:

Tax-related tips and strategies for new or experienced investors or owners of real estate, whether commercial or residential; how to reduce the impact of tax obligations stemming from real estate deals; any common misunderstandings involving real estate and tax law; specific issues involving tax deductions, potential pitfalls regarding tax filings, tax-related issues involving the sale of property, and more. Also consider whether to present a list of do’s and don’ts, or whether to examine any noteworthy real-life tax disputes, rulings, or cautionary tales to illustrate any of your points.

What Homeowners Should Know About State-Sponsored Insurance Plans 

Consider writing about:

State-sponsored insurance plans for homeowners; what to know about these plans’ origins, roles, and evolution; how widely available or used these plans are (in the jurisdiction of your choice, or nationally); eligibility criteria for access to these plans; any common misconceptions about state-sponsored insurance plans’ workings; what homeowners should know before turning to a state-sponsored plan for insurance coverage.

Related information:

https://www.sfgate.com/california/article/calif-use-last-resort-insurer-nearly-doubles-20819295.php