Basics of Real Estate Law

27 04 2008

Author: Sandra Stammberger

Real estate is such a broad topic. This topic covers almost the whole world and every individual has concerns regarding this.

Like any other things in this world, certain laws govern real estate, the so called real estate law. Nevertheless, to fully understand what real estate law is, it is necessary to define real estate. What is real estate?

Real estate is a legal term that includes land along with anything permanently affixed to the land such as buildings, fences and things attached to the buildings, such as plumbing, heating, and light fixtures. The properties not affixed are regarded as personal property.

Just like real estate, the real estate law is such a broad topic as well. If you are going to discuss it in a very simple way, real estate law is only the law, rules, regulation and other legal matters that governed real estate.

Real estate law entails things like owning real property, the typical restrictions imposed on owning real property, the common forms of property ownership and many others. As said earlier, it is very broad.

In this article, real estate will be discussed through the basics of real estate law. The basics of real estate law include understanding real property, the ownership, the restrictions, and the forms of property ownership. The basics discuss the topic regarding ownership of real estate.

Understanding its basics, you will definitely have the right thought about real estate law.

One of the basics of real estate law is real property. What is real property? Real property is simply the real estate. The real property is used interchangeably with real estate.

However, for technical purposes, some people prefer to distinguish real estate, referring to the land and fixtures themselves, from the real property, referring to ownership rights over real estate.

Real estate also entails about owning real property. What is owning real property about? Owning real property allows you the right to do with the land as you please aside from those subject to restrictions imposed by real estate law.

Owning a real property means you can do anything with it such as use it; give it away; sell or transfer it; use it for a collateral for loan; bequeath it to intended beneficiaries or let it sit where it is without doing anything to it. In other words, owning real property is having total rights on a land and no one can ever question you for it is yours.

In owning a real estate, some typical restrictions are being imposed by law. There are countless laws that restrict what you can do with the real property. It may be federal, state, county and local laws. The enforcement of these laws resides with the various agencies.

The most common restrictions imposed by government are zoning. It is an environmental hazard, public easement, right of way.

If there are restrictions imposed, there are also forms of property ownership. These are joint tenancy; tenancy in the entirety; sole ownership; tenants in common and community property.

In joint tenancy, two or more people own the property at the same time in equal shares. In tenancy in the entirety, some estates have especial form of joint tenancy when the joints are husband and wife- with each owning one half.

In sole ownership, the property is owned entirely by one person. Two or more persons own common tenants’ property at the same time. Meanwhile, community property is only recognized in the estates. It is a special form of joint tenancy between husband and wife, each owning one-half of their properties. Upon death, the decedent’s interest passes in a manner similar to tenants in common.



Sell Real Estate Property by Yourself

27 04 2008

Author: ron victor

Real estate properties can be sold in the market, once we started listing. When real estate properties are listed in the market it will easily sold away for reasonable price consideration. Real estate properties will be sold in the market, either by the owner or by the realtor or by a real estate agent. When the property is sold by the realtor or by a real estate agent, we have to pay real estate brokerage as commission for the service rendered by them. It also protects the real estate owner by giving a guaranteed transaction. When the real estate property is listed in the market, more number of investors will be ready to buy the property from the market.

So, selling the property by the owner is said to be the best idea for the seller to maximize his profit. Most of the people feel that it is a difficult process to sell the real estate property in the market without seeking the help of the real estate agent. The seller can easily sell the property in the market without seeking the help of the real estate agent. Selling the real estate property without the help of the real estate agent will helps the owner to maximize his profit. When the sellers list the property in the market, he should list the real estate property with adequate information regarding the property. Selling the real estate property without seeking the help of the real estate agent will makes the seller to know the entire process taking place in the contract.

It guides the seller in improving the knowledge and experience of the seller. When the seller follows the techniques needed for the sale of real estate property, he can easily sell the property for a good price consideration. When you sell your real estate property, you should concentrate more in estimating the value of the real estate property. Estimating the value of the property is the important factor to be noted in the sale of real estate property by the owner. Listing the property with adequate information is also the other important factor should be considered. Price consideration also determines the sale of real estate property prominent. The seller should the entire factors needed in the sale of the real estate property by the owner.

Listing
Listing is an essential factor needed for the seller at the time of sale of real estate property. When the seller decides to sell the real estate property on his own, he should list the property with relevant and adequate information about the real estate property. When the seller list with adequate information about the property, it helps to complete the transaction quickly.

Property Estimation
Property estimation is also an important and essential factor to be considered by the seller at the time of sale of real estate property. Estimating the actual value of the real estate property will help the seller to sell at a reasonable price. Property estimation has a greater effect in fixing the price consideration of the property. The seller should evaluate the value of the entire property from nook and corner without living any space or things. The seller should estimate the value of the property properly.

Price Consideration
Price consideration is also the other important factor to be considered by the seller. Fixing the price consideration for the property should be always reasonable. After estimating your value of the real estate property, the seller should fix the price consideration for the real estate property. The prices offered should be moderate. Without estimating the value will may create loss to the seller. Fixing more prices for the property will makes the buyers to avoid the property and at the same time fixing fewer prices will also create loss for the property.



Commercial Real Estate Property

27 04 2008

Author: Ken Charnly

Commercial real estate is the immovable property which is land including all attachments therein. Commercial is attached to the word real estate because the purpose of the land and all improvements attached thereto are used for commercial purposes.

These commercial real estate properties may be lands with buildings used for businesses such as shopping malls, supermarkets, ordinary grocery and other profit-oriented activities. Even office buildings are called commercial real estate properties.

Most commonly, commercial real estate properties are not being sold to individual purchasers. Should a commercial real estate property will be for sale; buyer would commonly be corporations or group of entrepreneurs. Individual buyers usually purchases residential real estate properties.

Commonly, it is not popular to sell commercial real estate properties, businesses people such as corporations or groups are merely leasing or acquiring commercial real estate property by joint venture agreements with commercial real estate owners.

In case of commercial real estate transactions, brokers needs to know how to deal with other transactions on top of the knowledge of contracting for sale or for purchasing of real estate properties, brokers need to know how to handle transactions such as leasing, mortgages, exchange
or joint venture transactions.

It may also be helpful to commercial real estate owners if the real estate broker they contract will be able to conduct property management services as well. In this case, the real estate brokers need to have the training and knowledge of how to manage properties including having them rented and the assurance of protecting the rights of the owners
and the lessors as well.

There are real estate schools that offer training for this purpose. The necessary training for commercial real estate brokers needs to be complete such as offering, advertising, soliciting, listing, promoting, mediating, negotiating and to effect the meeting of the minds on sale,

purchase, exchange, mortgage or lease of, or joint venture or other transactions in real estate and any other interests therein.
Commercial real estate transactions are far different from residential real estate transactions; however, the only similarity is that both of them deal with real estate properties.