Real Estate Law and Construction Law

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Foreign Sovereign Immunity In International Construction
For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.
United States Litigation
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JAMS
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Article
Texas Supreme Court Rejects The “Gist” Doctrine And Clarifies When Parties May File Texas Lawsuits Regarding Out-of-State Property Interests
The Texas Supreme Court has overturned the "gist" rule used by lower courts to dismiss cases involving out-of-state property, establishing that Texas courts can exercise jurisdiction over contractual disputes and deed reformation matters regardless of property location. This landmark decision clarifies the distinction between in personam and in rem suits, potentially opening Texas courts to a broader range of extraterritorial real estate disputes. The ruling in Braxton Minerals III, LLC v. Bauer provides cr
United States Litigation
KM
Katten Muchin Rosenman LLP
Article
Seller Financing In Washington State
Seller financing offers an alternative path to homeownership for buyers who struggle to meet conventional lending requirements, providing flexibility for both parties while potentially avoiding broker fees. However, these transactions require careful legal documentation including loan agreements, promissory notes, and deeds of trust to prevent adverse consequences. A real estate attorney can guide buyers and sellers through the complexities of seller-financed deals, from drafting paperwork to addressing tit
United States Real Estate
BB
Beresford Booth
Article
Faith No More: Ohio Supreme Court Casts Doubt On The Meaning Of “Other Minerals” In 1953 Deed
The Ohio Supreme Court has issued a significant ruling on whether a 1953 deed's reservation of "coal or other minerals of any vein" includes oil and gas rights. The decision examines how specific language choices and the absence of oil-and-gas-related terminology in deed reservations can determine the scope of mineral rights, potentially reshaping how courts interpret similar conveyances across the state.
United States Energy
FB
FBT Gibbons
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Article
When A 30-Day Notice May Apply To A Non-Rent-Paying Domestic Partner In California
California property owners dealing with long-term occupants who never had a lease or paid rent may be able to use a 30-day notice to terminate what's known as a "tenancy at will" under Civil Code section 789. This legal distinction becomes particularly important in situations involving unmarried domestic partners, adult children, or other permissive occupants following breakups, deaths, or property transfers, though the application depends heavily on specific circumstances and proper legal procedures.
United States Real Estate
TLD Law
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Article
FinCEN Issues Updated FAQs Following Vacatur of Residential Real Estate Reporting Rule
A federal court in Texas has vacated FinCEN's Residential Real Estate Reporting Rule, suspending enforcement and eliminating current reporting obligations for title companies and closing agents. FinCEN has issued updated guidance confirming no liability for non-filing during the vacatur period, though the agency has appealed the decision and the rule may be reinstated pending Fifth Circuit review.
United States Government
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Greenberg Traurig, LLP
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