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:

Survival Guide for Commercial Tenants When a Property Owner Defaults 

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.

Insights for Real Estate Investors 

Consider writing about:

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?

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.

Know the Ins and Outs of Automatic Renewal Clauses 

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.

When History Resurfaces During Modern-Day Real Estate Development 

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.

How Legal Disputes Over Immigrant Detention Centers Are Unfolding 

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.

Data Center Developments Worth Noting 

Consider writing about:

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

Managing Flood Risks and Recovery: What to Know 

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.

Antitrust Developments Affecting the Real Estate Sector 

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.

FinCEN Reporting Rule Struck Down, but Is That the End of It? 

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:

https://www.forbes.com/sites/kellyphillipserb/2026/03/24/court-strikes-down-new-treasury-residential-real-estate-reporting-rule

Can Congress Find a Fix for Shortage of Affordable Housing? 

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

What to Know About Foreclosure Auctions [Ongoing] 

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.

FinCEN Real Estate Reporting Rule Takes Effect 

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:

https://www.fincen.gov/rre

Tax Guidance for First-Time Home Owners [Ongoing] 

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.

Representations and Warranties in Real Estate Deals: What to Keep in Mind 

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.

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.