| Disclosures in Residential Real Estate Transactions |
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| One of the biggest decisions in a person's life is the decision to buy real estate. The excitement often associated with the purchase of a new home can be overshadowed by disappointment once the newness wears off and defects become apparent. Generally, the rule of "caveat emptor" -- buyer beware -- requires the buyer to conduct a reasonable inspection of the premises to discover defects and imperfections. More... |
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| The Attractive Nuisance Doctrine |
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| Generally speaking, an owner of real property owes no duty to a trespasser, other than to avoid willfully, wantonly, or deliberately harming the trespasser. In some circumstances, however, the owner of real property has an obligation to exercise reasonable care in order to prevent trespassing children from injury. More... |
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| Transfers or Assigments of Mortgages |
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| In the real estate finance industry, it is not uncommon for a mortgage loan to be sold one or more times during the life of the loan. When a mortgage lender transfers or assigns its interest in a mortgage loan to another party, some type of written document must be filed to put others on notice of the transfer. More... |
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| The Rule against Perpetuities |
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| The Rule against Perpetuities: No future interest is valid unless it can be shown that it will necessarily vest, if at all, no later than 21 years after some life in being at the creation of the interest.
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| Escheat |
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| Briefly stated, the law of escheat mandates the reversion of an individual's property to the state in the event the individual dies without heirs or when the property is abandoned by the individual. The law of escheat applies to real property, as well as personal property.
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