Newsletters

Presentation of and Response to Offers to Buy Real Estate

All offers to buy real estate must be presented to the seller or his agent as soon as possible. That means that as soon as the buyer's offer is made available to the listing agent, that offer must be presented to the seller. The listing agent has no discretion in whether to present an offer to the seller. All offers must be presented, even if the listing agent believes that the seller will not accept the offer.

Insuring Your Property Against Damage

A property owner can obtain insurance to protect against damage or loss to real estate as well as to the personal property that may be located on that real estate. The typical types of insurance that are available to protect an insured against direct loss to the property include homeowner's insurance, fire and catastrophe insurance, and consequential loss insurance.

Fences - Maintenance of Boundary Fences

Many properties, particularly residential properties, have boundary fences on at least one side. Generally speaking, the neighbor who erects the fence has the responsibility for maintenance; however, if an adjoining neighbor uses the fence as a boundary fence (perhaps, by erecting fences on all other sides), then the neighbor has some responsibility for the fence, as well. The issue is largely governed by state and local law.

Deceit in Real Estate Transactions

Real estate transactions present opportunities for deceit. Deceit, insofar as the area of tort law is concerned, is usually defined by state law.

Subleases

A sublease is a tenant's agreement to allow a third party (sublessee) to take over the rent and occupancy of leased premises. In a sublease, the tenant remains obligated to the landlord under the original lease, and the sublessee becomes the tenant of the original tenant. The landlord may agree to accept rent payments directly from the sublessee, although he or she is not required to do so.