Real Estate Law and Construction Law

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Real estate law and construction law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as construction and planning, conveyancing, estate management, land law and agriculture, and real estate law.
Article
“The Superintendent Told Us To Do It:” Why Verbal Approval May Not Be Enough
Construction projects often involve verbal directives that deviate from plans and specifications, creating significant liability risks for subcontractors when defects emerge years later. Without written documentation of field instructions and approvals, subcontractors may find themselves defending claims for work they performed exactly as directed, facing disputes where memory and credibility become the only evidence.
United States Real Estate
Higgins, Hopkins, McLain & Roswell, LLC
Article
HUD Issues New Guidance On Emotional Support Animals Under The Fair Housing Act
The U.S. Department of Housing and Urban Development (HUD) withdrew its 2013 and 2020 guidance on assistance animals in fair housing on September 17, 2025, sowing confusion among housing providers over the provisions of the Fair Housing Act (FHA) concerning reasonable accommodations in its absence. The wait for new direction under HUD on this pressing issue is over, as HUD issued its new enforcement guidance on assessing the use of animals as reasonable accommodations on May 22, 2026.
United States Real Estate
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
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Article
First Department In Forrest Equities Draws A Sharp Line On Title Policy Coverage For Enforcement Actions And Marketability Claims
The First Department's decision in Forrest Equities LLC v. Old Republic National Title Ins. Co. clarifies critical boundaries of title insurance coverage, specifically addressing when Covered Risks 3, 5, and 6 apply to post-closing enforcement actions and marketability disputes. The court examined whether a title policy covers litigation seeking to restore a distressed property to habitability and distinguished between legal marketability of title versus economic marketability of property.
United States Real Estate
RD
Riker Danzig LLP
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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
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