REAL ESTATE LAW?WHAT IS

T A L R A P P L E Y E A

WHEN YOU THINK OF REAL ESTATE , YOU

MAY THINK OF REAL ESTATE AGENT WHO

SELLS PROPERTY TO INDIVIDUALS WHO ARE

LOOKING TO OWN A HOME . BUT DID YOU

KNOW THAT REAL ESTATE AGENTS ARE

MONITORED AND LICENSED THROUGH REAL

ESTATE LAWS?

FOR EXAMPLE , WHEN A HOME IS UP FOR SALE , THE

SELLER AND THE REAL ESTATE AGENT BOTH SIGN A

CONTRACTUAL DOCUMENT KNOWN AS A LISTING

AGREEMENT , WHICH GRANTS THE AGENT AUTHORITY TO

ACT AS THE POINT OF CONTACT IN THE SALE OF THE

HOME . THESE TRANSACTIONS ARE THEN FILTERED

THROUGH FEDERAL REGULATIONS AND STATE

ORDINANCES , WHICH ARE KNOWN AS REAL ESTATE LAW .

SO , WHAT I S REAL

ESTATE LAW ?

R E A L E S T A T E L A W

OUTLINES THE RIGHTS AND INTERESTS OF

PROPERTY AND PROVIDES PROTECTIONS

FOR BUYERS , SELLERS , LAND OWNERS ,

DEVELOPERS , CONTRACTORS , AND REAL

ESTATE AGENTS . THERE ARE BOTH LOCAL

AND NATIONAL LAWS THAT ENSURE REAL

ESTATE TRANSACTIONS ARE PROPERLY

PERFORMED AND RECORDED .  

R E A L E S T A T E L A W

SOME ISSUES THAT FALL UNDER REAL

ESTATE LAW INCLUDE :

THE SALE AND PURCHASE OF PROPERTY

LEASING AND OTHER TRANSFERS OF

PROPERTY

TITLES TO PROPERTY

SETTLEMENT OF CLAIMS AGAINST PROPERTY

RIGHTS

LANDLORD-TENANT AND OWNER-

COMMUNITY ISSUES

PROPERTY DEVELOPMENT , ZONING , AND

LAND USE

AGRICULTURE ISSUES AND COMPLIANCE

WITH ENVIRONMENTAL LAWS

FINANCING , INVESTMENTS , MORTGAGES

AND FORECLOSURES

T H E R E A R E T W O T Y P E S

O F R E A L E S T A T E

TO KEEP IN MIND , AND EACH TYPE HAS A

DIFFERENT SET OF LAWS AND PROVISIONS

THAT GO ALONG WITH IT .

COMMERCIAL REAL ESTATE : PROPERTY FOR

COMMERCIAL USE , SUCH AS RESTAURANTS ,

SHOPPING COMPLEXES AND OFFICE BUILDINGS .

THESE PIECES OF REAL ESTATE MAY BE OWNED BY

ONE PERSON , THEN LEASED TO ANOTHER .  

RESIDENTIAL REAL ESTATE : PROPERTY FOR LIVING ,

SUCH AS NEIGHBORHOODS , APARTMENT BUILDINGS ,

OR RETIREMENT COMMUNITIES . THESE PIECES OF

REAL ESTATE MAY ALSO BE OWNED BY ONE PERSON ,

THEN LEASED TO ANOTHER .

N O T O N L Y C A N R E A L

E S T A T E L A W V A R Y B Y

T H E T Y P E

OF REAL ESTATE INVOLVED , BUT IT CAN

VARY BUT STATE AS WELL . FOR EXAMPLE ,

IN MY HOME STATE OF NEW YORK , THERE

IS A MORTGAGE RECORDING TAX WHEN

AN INDIVIDUAL BUYS A HOME AND TAKES

OUT A MORTGAGE . BUT NEW JERSEY , THE

STATE NEXT DOOR , DOES NOT REQUIRE

BUYERS TO PAY A MORTGAGE RECORDING

TAX . AND IN STATES THAT DO HAVE A

MORTGAGE RECORDING TAX , THE RATES

CAN VARY AS WELL .

BECAUSE REAL ESTATE LAWS ARE

COMPLEX AND FREQUENTLY VARY , REAL

ESTATE LAWYERS CAN ASSIST

INDIVIDUALS THROUGH THE

COMPLICATED PROCESS OF BUYING AND

SELLING PROPERTY . THEY CAN DOCUMENT

AND REVIEW REAL ESTATE

TRANSACTIONS , RESOLVE TITLE

INSURANCE AND ENVIRONMENTAL

ISSUES , NEGOTIATE ON YOUR BEHALF AND

MORE .

TA L RAPPLEYEA I S A

L I CENSED REAL ESTATE

AND MUN IC I PA L LAWYER

BASED I N NEW YORK

STATE .

W W W . T A L R A P P L E Y E A . N E T