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:
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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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:
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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; practical takeaways from any recent or otherwise noteworthy court cases involving homeowners and tax strategies.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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?
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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.
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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:
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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.
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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.
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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:
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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.
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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://www.hoteldive.com/news/marriott-sonder-licensing-agreement-terminated/805402
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.
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.