United States: Real Estate

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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
When Storms Hit And Quorums Fail: HOA Authority In Emergencies
When a hurricane warning is issued and your HOA faces immediate damage requiring emergency repairs, can your board legally authorize unbudgeted expenditures without a full meeting? This analysis examines the legal framework governing emergency authority for North Carolina community association boards, exploring how boards can act decisively during crises while maintaining proper documentation and fiduciary compliance.
United States Real Estate
Wa
Ward and Smith, P.A.
Article
Data Centers In Dispute: Contract And Treaty Claims In The Global Build-Out
As investment in data center infrastructure accelerates globally, disputes are emerging from contractual and investment-related risks that commonly accompany large-scale infrastructure projects. This analysis examines the growing wave of contractual claims among owners, contractors, and subcontractors, as well as investment treaty claims that may arise when governmental actions impact overseas data center developments.
United States Litigation
W
WilmerHale
Article
Renovating An Inherited Home With Multiple Owners: Who Has The Legal Right To Approve The Work?
When siblings inherit a family home together in Massachusetts, disputes over renovations and improvements are common. Can one co-owner legally hire contractors and make substantial changes without the others' consent? This analysis examines the legal framework governing tenancies in common, the critical distinction between necessary repairs and discretionary improvements...
United States Real Estate
CK
Conn Kavanaugh Rosenthal Peisch & Ford
Article
The Association Advocate - Florida HOA And Community Association Newsletter - Volume II
Florida's HB 797 brings sweeping changes to how community associations operate by substantially rewriting director standards of conduct, establishing new officer duties, and expanding liability protections. These amendments to Chapter 617 will fundamentally reshape governance requirements for condominiums and homeowners associations across the state. Understanding the new presuit mediation requirements and injunctive relief procedures has become critical as associations navigate covenant enforcement in this
United States Real Estate
Aa
Adams and Reese
Article
Substantial Confusion Upon Substantial Completion
Tennessee's retainage law has become unsettled following a 2020 legislative amendment, creating significant uncertainty for construction industry stakeholders about when retainage funds must be released after substantial completion. Contractors and owners now face starkly different legal interpretations of the same statute, with trial courts reaching opposite conclusions on essentially identical facts and no appellate guidance to resolve the conflict.
United States Real Estate
HK
Holland & Knight
Article
21st Century ROAD To Housing Act: What Institutional Investors Need To Know
The 21st Century ROAD to Housing Act introduces new restrictions on large institutional investor purchases of single-family homes while preserving significant investment pathways through 11 excepted purchase categories. This comprehensive analysis examines how investors can continue expanding portfolios through build-to-rent, renovate-to-rent, and homeownership programs without divestment requirements.
United States Real Estate
HK
Holland & Knight
Article
Congress Passes 21st Century ROAD To Housing Act
The 21st Century ROAD to Housing Act represents the most significant federal housing legislation in three decades, combining comprehensive provisions to address affordable housing supply through regulatory relief for community banks, increased investment caps, and reforms to FHA lending standards. What implications will this landmark bipartisan legislation have for mortgage lenders, institutional investors, and the future of affordable housing in America?
United States Real Estate
HK
Holland & Knight
Article
Texas Business Court Addresses Notice Requirements For Foreclosure Sales
The Texas Business Court examined whether foreclosure notices delivered via email and UPS next-day service satisfied contractual deed of trust provisions and Texas Property Code requirements that specified certified mail. The court also addressed whether notice sent to a designated agent constituted proper notice to the borrower when the borrower's name was omitted from the address line.
United States Real Estate
GT
Greenberg Traurig, LLP
Article
After Crackdown By PA Gov. Shapiro, Data Center Lawyers Expect Rising Demand For Services
Pennsylvania Governor Josh Shapiro's Executive Order introduces new regulations for data center development, establishing requirements for energy affordability, community engagement, and environmental protection while granting municipalities increased authority over local projects. The order presents unique challenges for developers as most local codes lack provisions for data centers, a relatively new land use category that has emerged only in recent years.
United States Real Estate
BS
Ballard Spahr LLP
Article
Eighth Circuit Affirms Landmark Billion Dollar Class Action Settlement In Real Estate Broker Commission Antitrust Litigation
The Eighth Circuit's affirmation of a $1 billion settlement in Burnett v. National Association of Realtors marks a watershed moment in antitrust litigation, fundamentally restructuring how buyer-broker commissions operate in residential real estate. The decision upheld the elimination of NAR's longstanding Cooperative Compensation Rule while addressing critical procedural questions about nationwide class action settlements, release scope, and attorneys' fees. What does this landmark ruling mean for companie
United States Anti-trust
DM
Duane Morris LLP
Article
Complying With The Endangered Species Act
The Endangered Species Act (ESA) imposes significant obligations on real estate developers and property owners, including prohibitions on unauthorized take of listed species and mandatory federal consultation requirements. Understanding ESA compliance requirements, incidental take permits, and conservation planning options is essential for navigating development projects that may affect threatened or endangered species or their designated critical habitats.
United States Environment
BD
Beveridge & Diamond
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