As an agent, it’s your job to know as much about real estate laws as possible. Your clients don’t know as much as you, so you must keep them informed of pertinent laws and information that may affect their home purchase. So take a look at these real estate laws you’re going to have to share with your clients.
Real Estate Laws by State
Every state’s laws are different. By looking over your individual state’s real estate laws, you’ll become familiarized with everything you and your clients need to know. Some states have zoning laws that are more exact than others. Most states do not allow updates to homes without a permit. Lots of states do not allow you to evict a tenant living in your home, while other states give you more leniency as a landlord.
Don’t underestimate the power of being a homeowner, but help your clients understand the things they can and cannot do. Obviously, if something is illegal outside of their home, it’s probably illegal inside their home as well. By studying your state’s specific laws, you’ll know exactly what you need to share with your clients about the laws that concern them and their properties.
Nationwide Real Estate Laws
There are many national real estate laws that homeowners need to be aware of that are relatively general in every state aside from minor differences, ranging by locations and homes. Eminent domain, easements, selling a home, and trespassing. The laws related to these terms may be slightly different state-to-state, but their consistency and acceptance is quite consistent throughout the nation.
Eminent Domain: is the power of the government to take private land or property into their own hands for public use. When there is a new freeway being added, or public building being created, the government will come to a home and offer a homeowner compensation for their home.
The government isn’t always allowed to take your home! You have the right to hearings, and if you feel that there isn’t reason for the government to take your home, you can state your side to a fair trial. So their clients can always do something to save their home!
Easements: are any circumstances where a neighbor or business uses your land for something. Many times, a neighbor will share a driveway with you, so they’re likely going to drive on your side of the driveway. Often, utility companies will use neighboring homes to provide their products or services.
As an example, many cable companies will run wires along telephone poles connecting to more than one home’s lines. This is a form of easement.
If a homeowner does not agree with a neighbor or company using their home in a certain way, they can then go to court to see if the easement can be revoked or if there is a way for the other party to do things differently without affecting their home. The courts will then do everything they can to make both sides happy with the outcome.
Selling Your Home: in terms of selling your home, every state is a little different. But the laws remain consistent with prepping your home for someone to purchase it. If there is anything important or defective about the home that is not disclosed to the future buyer, there can be a lawsuit if the seller knew about the issues prior to selling the home.
Often times, you can still find an interested buyer in a home even if there are problems with the home. So the best thing to do is always disclose anything wrong with the home you know about to be on the safe side.
Trespassing: if someone trespasses into your home to cause you harm, you have to write to defend yourself, and you can call the police to help you. A good thing to do is fence off your home if you don’t want unwanted people coming in or put up a fence or sign that states your home is private property.
However, if someone unwittingly entered onto your property, they are not likely looking to harm you, and you can simply ask them to leave if you do not want them there. You should always express consent (either verbal or written) to family, friends, and individuals you want to invite onto your property so they know they’re invited into your beautiful home!
There are lots of real estate laws and homeowner obligations that remain consistent throughout the nation. Then again, there are many laws that are state and city specific you need to be aware of as a real estate agent. The best thing you can do is research the specific state and city you live in for certain laws. Who knows . . . maybe you live in Pittsburgh, Pennsylvania, and you didn’t know it’s illegal to sing in your bathtub. So do yourself a favor and find out all you can about real estate laws to become incredibly knowledgeable to help out all of your future clients who want to buy a home with you!