The real estate industry is experiencing a situation due to new rules relating to buyers’ brokers in residential real estate transactions. Earlier this year, facing a $1.8 Billion verdict, the National Association of Realtors...more
Maryland has been proactive in passing laws to encourage EV ownership and installation of EV chargers. This article discusses some of these laws and how they affect residential and commercial real estate....more
Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more
8/8/2024
/ Americans with Disabilities Act (ADA) ,
Assistive Animals ,
Contract Terms ,
Landlords ,
Pets ,
Property Owners ,
Reasonable Accommodation ,
Rental Property ,
Residential Leases ,
Service Animals ,
Tenants ,
Undue Hardship
This article discusses one of my guiding maxims: Be careful what you incentivize. Whether negotiating a contract, managing a business, or operating a rental property, people eventually turn toward their incentives and often...more
Common Contract Add-Ons -
Exhibits, addenda, and schedules all can be attached to contracts. They should be agreed to before the contract is signed. With commercial real estate contracts, there’s a common practice of...more
Our country continues to experience economic conditions triggered by a worldwide pandemic and subsequent inflation. These conditions have mostly been outside of anyone’s control. Yet, when government officials see their...more
7/24/2024
/ Federal Reserve ,
Interest Rates ,
Landlords ,
Price Inflation ,
Property Tax ,
Property Valuation ,
Real Estate Investments ,
Rent Control ,
Rental Property ,
Risk Mitigation ,
Tax Revenues ,
Tenants
The Fair Housing Act Applies to Residential Real Estate Appraisals -
The Fair Housing Act (FHA) was passed in 1968 to prohibit housing discrimination based on race, color, religion, and national origin. Since then, the...more
7/23/2024
/ Appraisal ,
Appraisers ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Fair Housing Act (FHA) ,
Fair Market Value ,
HUD ,
Mortgage Lenders ,
Mortgages ,
Race Discrimination ,
Real Estate Transactions
Suppose we compare how orchestra violinists are paid to how residential real estate agents are paid. In contrast to violinists, who must spend a fixed amount of time in rehearsals and concerts, real estate agents receive the...more
When reviewing legal documents, it’s easy to become so focused on a particular area that and forget about “everything else.” Each “everything else” item might seem minor, but collectively, “everything else” can make a serious...more
On March 1, 2024 a United States District Court in Alabama held in National Small Business United dba National Small Business Association v. Yellen (NSBA Case) that the Corporate Transparency Act (CTA) is unconstitutional. ...more
3/25/2024
/ Anti-Money Laundering ,
Appeals ,
Beneficial Owner ,
Commerce Clause ,
Compliance ,
Constitutional Challenges ,
Corporate Transparency Act ,
Department of Justice (DOJ) ,
FinCEN ,
IRS ,
Mortgage Lenders ,
Real Estate Investments ,
Real Estate Transactions ,
Reporting Requirements ,
SBA ,
Small Business ,
SPEs ,
Tax Evasion ,
Tribal Corporations
Like an accordionist, real estate sponsors often seek to be innovative. Cutting-edge opportunities like crowdfunding and online selling platforms call to them. However, based on statistics from the Securities and Exchange...more
2/21/2024
/ Accredited Investors ,
Administrative Review ,
Capital Raising ,
Compliance ,
Crowdfunding ,
Exemptions ,
General Solicitation ,
Information Reports ,
Initial Public Offering (IPO) ,
Investment Funds ,
NASAA ,
Preemption ,
Private Placements ,
Real Estate Investments ,
Regulation A ,
Regulation CF ,
Regulation D ,
Regulation S ,
REIT ,
Rule 144A ,
Rule 504 ,
Rule 506 Offerings ,
Rule 506(c) ,
Securities ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Small Business ,
Sponsors ,
State Securities Regulators
Recently, my son took an online college course about social justice in the as-built environment. One topic in the class was redlining – a practice that limited the availability of affordable home loans for minorities. ...more
2/5/2024
/ Banking Sector ,
Community Reinvestment Act ,
Consent Order ,
Consumer Financial Products ,
Consumer Lenders ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fair Housing Act (FHA) ,
Financial Institutions ,
HUD ,
Mortgage Brokers ,
Mortgage Lenders ,
Mortgages ,
Race Discrimination ,
Redlining ,
Restrictive Covenants
During the past few years, there has been increased focus on transparency in corporate law. Concerned that corporations and limited liability companies (LLCs) were used to conceal unlawful activities, in 2020, Congress passed...more
1/29/2024
/ Beneficial Owner ,
Compliance ,
Corporate Transparency Act ,
Disclosure Requirements ,
Effective Date ,
FinCEN ,
Limited Liability Company (LLC) ,
Privacy Concerns ,
Privacy Laws ,
Reporting Requirements ,
State Privacy Laws ,
Transparency
Contracts, real estate leases, and other legal documents also often include provisions that are mandatory (like obligatos) and/or are optional (like ossias). Terms such as "shall," "must," "will," "may," and "should” each...more
The most basic real estate investment is a home; for many people, their home is their largest single asset. Since real estate historically has increased in value over time, buying a home can be a way to grow wealth while also...more
1/16/2024
/ Capital Gains ,
Depreciation ,
Estate Planning ,
Homeowners ,
Interest Rates ,
Mortgages ,
Price Inflation ,
Property Tax ,
Real Estate Investments ,
Section 1031 Exchange ,
Wealth Management
This article is part of a series about evaluating real estate investments and discusses using equity multiple and annualized rate of return (annualized ROR) to evaluate investments....more
In real estate investing, it’s easy to think market and economic conditions are like key signatures. The property owners may believe they are helpless in the face of market-wide or nationwide economic conditions. However,...more
This article discusses whether an employer can discharge an employee whose viewpoint about the war differ from the employer’s. Although this article describes a recent news report about a pro-Israel business, the law applies...more
In the real estate field, surprises are less welcome. Owners expect tenants to pay their rent and follow lease requirements, and tenants expect owners to maintain rental units and common areas and to provide the agreed...more
12/22/2023
/ Contract Terms ,
Default ,
Eviction ,
HUD ,
Landlords ,
Leases ,
Notice Requirements ,
Proposed Rules ,
Rental Property ,
Residential Leases ,
Tenants
In the United States, although laws prohibit animal cruelty, pets are still considered personal property – like a sofa, table, or lamp. During evictions house pets often were treated like personal property when a tenant’s...more
A Baltimore Homeowner’s Saga -
Baltimore Resident and single mother Deanna Woodward paid off her mortgage 18 years ago. After that, she paid her real estate taxes. So, imagine her surprise when she recently learned that...more
12/8/2023
/ Deed of Trust ,
Due Diligence ,
Foreclosure ,
Judgment Liens ,
Liens ,
Mechanics Lien ,
Mortgages ,
Property Liens ,
Property Tax ,
Recorded Documents ,
Statutory Liens ,
Tax Liens ,
Title Insurance
This article discusses a recent District of Columbia (DC) case, which pitted a medical marijuana user against a neighbor who complained that marijuana smoke affected quiet enjoyment of her home....more
12/4/2023
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Covenant of Quiet Enjoyment ,
Decriminalization of Marijuana ,
Disability ,
Fair Housing Act (FHA) ,
Homeowners ,
Housing Discrimination ,
Landlords ,
Marijuana ,
Medical Marijuana ,
Private Nuisance ,
Property Managers ,
Property Owners ,
Rental Property ,
Residential Property Owners ,
Tenants
Like violin pedagogy, real estate brokerage commissions for home sales have followed a set practice for decades, even though it might not be the best arrangement for all involved. Sellers listed their homes with a real estate...more
Earlier this month, the Department of Housing and Urban Development (HUD) filed a Charge of Discrimination (Charge) alleging that landlord N. Clark LLC (Landlord) and its managing member Kathleen Cresson unlawfully...more
Recognizing challenges with CTA compliance, on September 28, 2023, FinCEN recently proposed a rule (Proposed Rule) that would temporarily extend the time allowed for new companies to file reports. The Proposed Rule followed a...more
10/3/2023
/ Anti-Money Laundering ,
Beneficial Owner ,
Compliance ,
Corporate Transparency Act ,
Filing Deadlines ,
FinCEN ,
Limited Liability Company (LLC) ,
NDAA ,
Proposed Regulation ,
Reporting Requirements ,
Small Business