Real Estate Transactions: Problems, Cases, and Materials 6th Edition By Malloy, Smith, Boyack, Kelly
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- Pages
- 422
- File size
- 7.64 MB
- Format
- Digital PDF
- Course
- Real Estate
- Category
- eBook[PDF]
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About this ebook
The 6th Edition of Real Estate Transactions: Problems, Cases, and Materials by Robin Paul Malloy, James Charles Smith, Andrea J. Boyack, and James J. Kelly, Jr. explores the legal, financial, and ethical dimensions of real estate law. Published by Aspen Publishing, it focuses heavily on bar exam topics and real-world property markets. [1, 2]
Core Topics Covered
1. The Real Estate Market & Contracting
- Market Context: Economic dynamics and basic structural elements of real property commerce.
- Real Estate Brokers: Licensing, listing agreements, fiduciary duties, and commission structures.
- Preparing to Contract: Pre-contractual negotiations, letters of intent, and drafting essentials.
- Executory Contracts: Statute of Frauds compliance, equitable conversion, and contract contingencies.
- Condition of the Property: Seller disclosure duties, "as-is" clauses, and physical inspection standards. [1, 2, 3, 4]
2. Conveyance & Title Management
- Closing the Contract: The mechanics of closing escrow, deed execution, and delivery.
- Contract Remedies: Specific performance, damages, and rescission options for contract breaches.
- Allocating Title Risk: Recording acts, title assurance, bona fide purchaser status, and chain of title.
- Land Descriptions: Survey legal frameworks, boundaries, and parcel mapping conventions.
- Public Records & Title Products: Deed registries, tract indexes, abstractors, and title insurance policy coverage.
- Title System Efficiency: Modern technological upgrades, curative acts, and marketable title acts. [1, 2, 3, 4]
3. Housing & Financing Markets
- Housing Markets: Microeconomic frameworks governing residential supply, demand, and standard construction products.
- Possession & Use: Rights and responsibilities regarding mortgaged property and the concept of waste.
- Residential Mortgages: Primary/secondary mortgage markets, underwriting processes, and financial tools.
- Mortgage Obligations: Promissory notes, mortgage notes, payment systems, and interest rate structures.
- Property Transfers: Rights and obligations active when transferring mortgaged real property. [1, 2, 3]
4. Default, Foreclosure, & Commercial Properties [1]
- Default & Acceleration: Legal triggers for non-payment, cure rights, and acceleration clauses.
- Foreclosure: Judicial vs. non-judicial foreclosure systems, distribution of proceeds, and deficiency judgments.
- Mortgage Substitutes: Deeds of trust, installment land contracts, and equitable mortgages.
- Junior Mortgages: Priority rights, subordination contracts, and impacts of senior lien foreclosures.
- Commercial Markets: Large-scale investment frameworks, retail leases, office spaces, and industrial property.
- Commercial Financing: Construction loan structures, permanent financing, and commercial securitization. [1, 2, 3]
What's New in the Sixth Edition
- Expanded Author Bench: Features new insights from co-authors Andrea J. Boyack and James J. Kelly, Jr.
- COVID-19 Pandemic Analysis: Addresses the long-term disruptions and shifts caused by the global pandemic on property markets.
- Social Justice Integration: Highlights evolving legal and market concerns regarding social equity and housing access.
- Professional Responsibility Focus: Integrates regular ethical hypothetical scenarios tailored to real-world practice expectations. [1, 2, 3, 4]
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7.64 MB
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