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:
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.
Consider writing about:
“Rent now, pay later” services; how these services work; how widespread they are; how they are regulated; pros and cons for renters or property owners; how “rent now, pay later” services compare to “buy now, pay later” operations; legislative or regulatory actions targeting the “rent now, pay later” sector on consumer protection grounds; what companies doing business in that arena should know about newly proposed or implemented rules.
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A California property owner’s apparent attempt to charge prospective renters an additional fee if they work from home; whether such a fee would be legal (depending on jurisdiction and type of property); potential grounds for discrimination if the work-from-home arrangement involved the Americans with Disabilities Act and an employer accommodation; what property owners should know before adding unusual extra fees on to a monthly rental figure; related rights or best practices on tenants’ part. (Furthermore, if a property owner can charge renters more for working from home, does that mean an owner could also legally charge renters more after they retire and are, presumably, spending more time at home than when they were working?)
Related information:
https://www.realtor.com/news/trends/bay-area-rent-work-from-home-fee
https://www.sfgate.com/local/article/work-from-home-fee-22362344.php
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The status of one of the United States’ largest office-to-apartment conversion projects, following the recent discovery of buckling steel columns and the evacuation of part of midtown Manhattan; how authorities are responding to the structural failure; what an investigation of this mishap is likely to entail; potential charges that could result from an investigation; what the Manhattan incident may illustrate regarding challenges involved in office-to-apartment conversions; potential for more rigorous standards or processes for other conversion projects; how participants in these types of conversions can best minimize risk; related trends (whether regionally or nationally) involving office space conversions.
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A proposed rule published by the U.S. Department of Agriculture on June 25; how the rule would affect activities pertaining to the Agricultural Foreign Investment Disclosure Act; what to know about AFIDA’s history; evolving compliance obligations or other proposed changes that foreign landholders should consider preparing for; potential timeline for implementation of the proposed rule; and perhaps a wider-angle look at evolving requirements for foreign owners of real estate in the United States, especially under the second Trump administration.
Related information:
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The Trump administration’s recently released proposal to overhaul the EB-5 immigrant investor visa program; stated objective for the proposal; potential timeline for implementation; what the changes could mean for eligibility, financing, documentation, compliance, authority, and other key points of the EB-5 program; whether previously approved projects or granting of resident status would be in jeopardy if these changes go through.
Related informastion:
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A housing bill passed by Congress last month; what this legislation is aimed at accomplishing; why this measure is being hailed as a landmark; how it managed to gain bipartisan support; where President Trump stands on the 21st Century ROAD to Housing Act; what else investors, property owners, and would-be sellers or buyers should know about this legislation.
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.
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.
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Options for commercial real estate tenants or owners when adjoining or nearby properties become a source of blight; any specific obligations on the part of affected property owners in these cases; any options for financial compensation due to impacts on one’s business; how (or whether) to communicate with occupants or owners of problem properties; relevant local regulations that address blight and property upkeep; how to request assistance from local authorities; how to pursue claims; whether nearby problem properties can trigger options for a no-penalty early exit from a commercial real estate lease.
Consider writing about:
Energy measures that are being required of home sellers in a growing number of towns in the United States; what to know about energy audits, appliance replacements, or other eco-conscious upgrades that local governments are beginning to require of would-be home sellers; how property owners can avoid being blindsided by these types of measures before they decide whether or not to sell their properties; what would-be buyers should know about their own obligations to maintain energy-efficient upgrades or make ones of their own; potential tax savings or other financial incentives for making such changes; whether similar measures are being mandated, or considered, for owners of commercial properties.
Consider writing about:
The latest trends involving parklets. Are these an idea that has come and gone, or are they still popular in certain towns or regions? What are the pros and cons for restaurants or other businesses that may be interested in having a parklet? What should businesses know about local regulations and permits, maintenance obligations, and potential impacts on staffing, customer service, customer safety (involving either passersby or vehicles), and related liability issues? Additionally, what are common sources of opposition to parklets (whether from bicyclists, drivers, or nearby businesses – and their customers – who fear a loss in parking spaces), and how can pro-parklet people anticipate and respond to those concerns?
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A June 2nd ballot measure that could cost San Diego homeowners thousands of dollars if their properties are left vacant for more than 182 days a year; rationale behind the measure; potential for legal challenges to the measure, if it passes; how other jurisdictions (whether in California or nationally) have addressed the problem of vacant residential or commercial properties; how such measures have performed.
Related information:
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An enforcement action announced on May 4 by the California Department of Insurance against State Farm over the company’s handling of insurance claims filed by survivors of massive wildfires in the Los Angeles area in 2025; state law violations that regulators allege were committed by State Farm; related actions by regulators or legislators on a wider basis (whether statewide or nationally) involving wildfire risks to property and obligations on the part of insurers.
Related information:
https://www.insurance.ca.gov/0400-news/0100-press-releases/2026/release019-2026.cfm
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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.
Consider writing about:
Options for a commercial tenant if a property owner defaults on a mortgage; what to do regarding rent payments or other customary tenant obligations if such a situation arises; rights regarding either the continuation of a pre-existing lease or exiting from that lease; guidance on interacting with the defaulting owner or with a lender in a default situation; any other options for minimizing disruptions to one’s business or other financial losses as a result of such a scenario. Alternatively or additionally, consider writing about precautions a commercial tenant can take prior to or during the intital rental agreement process to head off problems that may erupt as a result of an owner default down the road.
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Investment opportunities in the real estate sector (in the jurisdiction or your choice, or globally). Among the questions to consider exploring: What are some primary drivers of investor opportunities right now? How is the real estate market shaping up in 2026 compared to recent years? Are there any new incentives or emerging forms of opportunity that would-be investors should be aware of? How is international conflict affecting the real estate sector? What other upsets or surprises are making their mark on real estate this year? How can either first-time or experienced investors best position themselves for success when participating in the real estate market?
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.
Consider writing about:
Automatic renewal clauses in commercial real estate contracts; pros and cons for either side of the real estate relationship; potential pitfalls to be aware of, as regards change in terms, exit from a lease, non-renewal options, amendment processes, notification obligations, deadlines, or other matters; any real-life cautionary tales that can illustrate any of these points.
Consider writing about:
Real estate developers’ obligations pertaining to the discovery of artifacts or burial sites; additional issues involving, in some instances, the rights of Native American tribes; applicable laws to know about; best practices or related legal obligations; potential penalties for violations; authorities who typically have jurisdiction over these types of incidents; any noteworthy disputes involving these issues, and how they were resolved.
Consider writing about:
Disputes over property conversions or construction intended to create immigrant detention centers in the United States; how these legal battles are taking shape; what to know about key claims being made in challenges to these facilities’ existence and designated use; any noteworthy patterns that may be emerging across these cases, especially in terms of outcome.
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Recent developments of note involving the construction of data centers; how ballot measures involving proposed data center projects are gaining steam; where such measures are coming up for votes this year (or have already done so, and how those have fared); how companies whose fortunes may be tied to large-scale data center projects are responding to communities’ concerns over the centers’ potential local impacts.
Related information:
https://www.techspot.com/news/112035-wisconsin-city-becomes-first-vote-against-future-data.html
https://www.politico.com/news/2026/04/07/wisconsin-data-center-ai-ballot-trump-00860020
Consider writing about:
Flood-related issues for existing or prospective real estate owners or tenants (whether commercial or residential); flood disclosure obligations on the part of sellers; what buyers should be alert to, not just pertaining to disclosure language but also as regards any undisclosed or previously unrecognized signs indicating evidence of past floods or likelihood of future floods; additional issues involving risk management, damage prevention or mitigation, insurance claims, rental agreements, property maintenance, relocation costs, or post-disaster recovery steps and related assistance options.
Consider writing about:
Antitrust developments that involve the real estate sector; significant allegations, investigations, court actions, or settlements; any noteworthy actions or statements by federal or state antitrust authorities regarding real estate matters; industry practices that have triggered antitrust allegations; related takeaways for the industry and other interested businesses or individuals.
Consider writing about:
The status of a Financial Crimes Enforcement Network rule regarding reporting requirements for certain residential real estate transactions; what to know about a March 19 ruling by the U.S. District Court for the Eastern District of Texas striking down the rule; basis for the court’s ruling; whether FinCEN is expected to appeal the ruling; how affected individuals and entities should proceed at this point, given the fluctuating regulatory situation.
Related information:
Consider writing about:
The 21st Century ROAD to Housing Act; how significant a piece of legislation this measure may be; market forces that this congressional legislation is responding to; how this measure aims to boost housing availability; how it compares to states’ efforts to make housing more affordable; current status of the congressional legislation and its prospects for passage; the potential implications for homebuyers, sellers, and the overall real estate and construction industries.
Related information:
https://www.npr.org/2026/03/12/nx-s1-5742566/senate-bipartisan-housing-bill-investors-ban
Consider writing about:
Foreclosure auctions; how someone can best determine if foreclosure auctions are logical options for them; what to know about participating in such a proceeding; how an auction sale compares to other types of real estate transactions; potential pitfalls to watch out for; related best practices or ways to reduce risks associated with foreclosure auctions.
Consider writing about:
A residential real estate reporting rule released by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN); factors driving the imposition of the rule; when the rule takes effect; individuals, entities, and transactions most impacted by the rule; key deadlines and other important compliance obligations to be aware of; potential penalties for non-compliance; how to address penalties after the fact.
Related information:
Consider writing about:
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; practical takeaways from any recent or otherwise noteworthy court cases involving homeowners and tax strategies.
Consider writing about:
Representations and warranties in the context of a commercial real estate transaction; key purposes these provisions are commonly intended to fulfill; specific points that either buyers or sellers should be on the lookout for; guidance on the negotiating process, risk management, or dispute resolution; and perhaps some practical takeaways from any relevant legal disputes of note.