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:
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
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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.
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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.
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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
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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
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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
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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The latest developments in Silicon Valley billionaires’ vision of building a new town in the northeastern San Francisco Bay Area; why the California Forever organization has withdrawn a ballot measure regarding their real estate plan; the alternate course of action that California Forever will pursue now; what the investment group’s experience may illustrate for other would-be developers regarding the intricacies of the bureaucratic process and how best to navigate community processes and perceptions pertaining to a given real estate venture.
Related information:
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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; common misunderstandings involving real estate and tax law; 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 tax disputes, rulings, or cautionary tales to illustrate any of your points.
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Landlords’ potential liability for criminal activity carried out by their tenants; common types of illegal or questionable activity that could trigger legal problems for residential or commercial 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 risk and protect property.
Consider writing about:
A recent presidential order regarding ownership of real estate located near a U.S. Air Force base in Wyoming; reasons for the divestment order; what to know about the Committee on Foreign Investment in the United States, its powers, and the types of investigations it may conduct; whether the real estate sector is likely to see other such CFIUS actions or presidential orders; related obligations or best practices on the part of real estate buyers or sellers.
Related information:
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Rent-back agreements; scenarios under which they may be beneficial; how common they are; what they typically consist of; potential benefits to either sellers or buyers; pitfalls to be aware of, or potential complications or repercussions to get ahead of before signing a rent-back agreement; any additional issues to address regarding HOAs, condo boards, etc.
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Co-operative housing; what it consists of; how it’s defined; how it compares to other forms of home ownership, in terms of what is actually owned; related rights and responsibilities; financial advantages, or disadvantages, to becoming involved in co-operative housing; other potential drawbacks to consider; what to know about governing documents, dispute resolution methods, and other ways to keep the peace.
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Sidewalk liability issues for residential or commercial property owners. Who is responsible for sidewalks’ maintenance and repair, and for pedestrians’ ability to safely navigate sidewalks? What are the determining factors regarding obligations and liability risks, and what are some common misconceptions or other issues that could cause unforeseen problems down the road? Consider looking at any noteworthy rulings or other new developments along these lines.
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Special assessments as used by homeowners associations; grounds for implementing such assessments; whether HOAs or individual property owners are required to disclose plans for special assessments prior to a property sale; other financial or property records that would-be buyers should review for indications of a potential assessment on the horizon; additional red flags at a property or HOA complex that could be signs of deferred maintenance and a resulting need for an assessment; what determines whether one-time special assessments are used rather than monthly HOA rate hikes or incremental, short-term increases; any applicable rules involving voting, notification, timelines, etc., for implementing special assessments; resulting financial hardship issues on the part of property owners; property owners’ ability to pass assessment costs on to tenants; other options that existing or prospective owners may have for mitigating the effect of an assessment; any noteworthy legal actions over the passage of special assessments or, conversely, the decision to not implement assessments.
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The use of trusts or other devices for deferring tax liabilities on real estate proceeds, whether from a sale, a family inheritance, or a gift from a non-relative. Possible points to explore: What are some common options and their pros and cons? How widely do the laws on these points vary from state to state? What are some common mistakes or oversights made by individuals on this front?
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New developments or emerging trends involving the use of vacancy taxes; common concerns or goals driving the imposition of vacancy taxes; where such taxes have been implemented and how they are performing; enforcement mechanisms and potential penalties under such tax schemes; additional implications for property owners and others; potential for legal challenges to vacancy taxes.
Related information:
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Real estate-related issues that should be addressed as part of an estate plan; discussions to have with heirs before it’s too late; transfer and inheritance options to consider; related pros and cons of the various options, as regards taxes, mortgage obligations, and more.
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Tax credits aimed at boosting the supply of affordable housing (in the city, state, or country of your choice); any noteworthy currently available tax credits – or interesting tax credit proposals being considered, and what they would mean for developers, investors, would-be homeowners, and others; any practical lessons from previously implemented tax credits of this type.