Plain-language answers to the most common real estate law questions, written by Haute Lawyer Network's editorial team.
A partition action is a lawsuit that allows co-owners of real property who cannot agree on its use or disposition to have the court divid…
Read Answer →A quiet title action is a lawsuit filed to establish clear, undisputed ownership of real property by resolving or eliminating all competi…
Read Answer →A right of first refusal (ROFR) is a contractual right giving the holder the opportunity to purchase a property before the owner can sell…
Read Answer →A real estate purchase option is a contract that gives the potential buyer the right — but not the obligation — to purchase a property at…
Read Answer →Real estate disclosure laws require sellers to disclose known material defects and conditions that could affect a buyer's decision to pur…
Read Answer →A land contract — also called a contract for deed, installment sale contract, or installment land contract — is a form of seller financin…
Read Answer →A condominium is a form of real estate ownership in which individual units are owned separately while common areas — lobbies, hallways, a…
Read Answer →A mechanic’s lien — also called a construction lien or contractor’s lien — is a security interest in a property given to contractors, sub…
Read Answer →A homestead exemption is a legal protection that shields a portion — or in some states all — of a primary residence's value from creditor…
Read Answer →A lis pendens — Latin for "pending lawsuit" — is a recorded notice in the public land records that a lawsuit affecting the title to or po…
Read Answer →Escrow is a legal arrangement in which a neutral third party — the escrow agent — holds funds, documents, or other assets on behalf of tw…
Read Answer →The Fair Housing Act (FHA) prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin,…
Read Answer →A mortgage is a loan used to purchase or refinance real estate, secured by a lien on the property. The borrower signs two key documents:…
Read Answer →A boundary dispute occurs when neighboring property owners disagree about the location of the legal boundary between their properties. Di…
Read Answer →A 1031 exchange — named after Section 1031 of the Internal Revenue Code — is a tax deferral strategy that allows real estate investors to…
Read Answer →A short sale occurs when a homeowner sells their property for less than the outstanding mortgage balance, with the lender's prior approva…
Read Answer →Zoning is the legal framework by which local governments — cities, counties, and municipalities — regulate how land within their jurisdic…
Read Answer →A real estate attorney is a lawyer who specializes in legal matters involving real property — the buying, selling, financing, developing,…
Read Answer →Foreclosure is the legal process by which a mortgage lender enforces its right to take back property when the borrower defaults on their…
Read Answer →Eminent domain — also called condemnation — is the government's power to take private property for public use, provided it pays the owner…
Read Answer →A deed of trust is a legal instrument used in real estate transactions to secure a loan. When you take out a mortgage in a deed-of-trust…
Read Answer →A homeowners association (HOA) is a private organization that governs a residential community — condominium complex, planned community, o…
Read Answer →A title search is a review of public land records to trace the complete chain of ownership of a real estate property and to identify any…
Read Answer →A commercial lease is a binding agreement between a landlord and business tenant for rental of commercial property — office, retail, indu…
Read Answer →Landlord-tenant disputes arise over lease terms, property condition, security deposits, or the end of tenancy. Both parties have legal ri…
Read Answer →A real estate purchase contract is a legally binding agreement between buyer and seller establishing all terms and conditions of a real e…
Read Answer →Adverse possession is a legal doctrine allowing a person who occupies another's land openly and without permission for a sufficient perio…
Read Answer →An easement is a legal right that gives one person or entity the right to use another person's land for a specific purpose. The owner ret…
Read Answer →Title insurance is a form of indemnity insurance that protects property buyers and mortgage lenders against financial loss from defects i…
Read Answer →A real estate closing — also called settlement — is the final step in a property purchase or sale, where ownership of the property offici…
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