News & Analysis as of

Home Buyer

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold: Homebuyer Files Action Alleging Breach of Warranty/Negligence in Circuit Court of Garland County, Arkansas

Georgia Lawrence (“Lawrence”) filed a September 20th Complaint in the Circuit Court of Garland County, Arkansas against Strategic Home Inspection, LLC (“SHI”) and Hamilton Wilson (“Wilson”) alleging certain causes of action...more

Lerch, Early & Brewer

Hiring an Attorney May Save You Money When Looking to Buy a Home

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Buying a home is commonly an individual’s most significant purchase. A buyer will often turn to a real estate agent for guidance during the home buying process, particularly because historically the seller pays the buyer’s...more

Brownstein Hyatt Farber Schreck

FHFA Asks for Input on FHLBanks

In May 2024, the Federal Housing Finance Agency (FHFA) published a Request for Input (RFI) titled “Federal Home Loan Bank Core Mission Activities and Mission Achievement” with comments due to the FHFA on July 15, 2024. This...more

Bennett Jones LLP

Canada Extends Ban on Foreign Home Buyers to 2027

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The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire...more

Farrell Fritz, P.C.

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving...

Farrell Fritz, P.C. on

On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates a seller’s option to provide a residential homebuyer with a...more

Miller Nash LLP

Real Estate Commission Structure Found to Violate Antitrust Law

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On October 31, 2023, a federal jury handed down the verdict: the National Association of Realtors and several national brokerages (collectively, NAR) “conspired to require home sellers to pay the broker representing the buyer...more

Winstead PC

Arbitration for All: Texas Supreme Court Hands Down Two Big Wins for Developers and Builders Seeking to Enforce Arbitration...

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While it may seem evident that household members and subsequent purchasers bringing a construction defect claim are bound by the arbitration provision contained in the purchase and sale contract for the home, that was not the...more

Lasher Holzapfel Sperry & Ebberson PLLC

The New Exception to Washington Landlord-Tenant Relationships and Leaseback Agreements

A Leaseback Agreement or a “rentback agreement” is an agreement between a buyer and seller of a property that permits the seller to continue living in the property for a period while paying rent to the buyer. Leaseback...more

Bennett Jones LLP

Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

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On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants...more

Barnea Jaffa Lande & Co.

Delay in Delivery of Apartment – Waiver of Claims Clauses

Under the Sale Law (Apartments), the purchaser of an apartment has a legal right to receive compensation from the contractor or developer in the event of a delay in delivery of the property. This right is a cogent provision,...more

Bennett Jones LLP

New Rules for Foreign Home Buyers in Canada Now In Force: Here's What You Need to Know

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On December 2, 2022, the Privy Council passed an Order in Council confirming regulations related to the Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act). The Prohibition on the Purchase of...more

Troutman Pepper

New York AG Settles Fourth Housing Discrimination Claim

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On March 15, New York Attorney General Letitia James announced a settlement with Coldwell Banker for allegedly violating fair housing laws and discriminating against homebuyers of color. According to the settlement, Coldwell...more

Bennett Jones LLP

Significant Changes Ahead: What You Need to Know About the More Homes Built Faster Act, 2022

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Key Highlights - - The proposed legislative changes are part of the government's long-term strategy to build 1.5 million new homes in Ontario within a decade. - Some of the key changes in Bill 23, if passed, will have...more

Bennett Jones LLP

Proposed Amendments Aim to Protect Purchasers of New Homes In Ontario

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The Ministry of Public and Business Service Delivery has proposed amendments to the New Home Construction Licensing Act, 2017 (Licensing Act). If passed, these amendments will increase fines for developers and builders who...more

White and Williams LLP

Public Policy Prevails: Homebuilders and Homebuyers Cannot Agree to Disclaim Implied Warranty of Habitability in Arizona

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In Zambrano v. M & RC II LLC, et al., 2022 Ariz. LEXIS 309, the Supreme Court of Arizona held that a homebuilder and homebuyer could not waive or disclaim the implied warranty of workmanship and habitability. While the court...more

Rivkin Radler LLP

What Do You Do if an Oil Tank Is Buried in Your Yard?

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It is not uncommon for Lloyd Harbor residents to have old steel heating oil tanks buried in their yards. Although these underground tanks continue to successfully heat our homes, they do not last forever. They are not...more

Blake, Cassels & Graydon LLP

Seller Beware? Proposed “Cooling-Off Period” Will Allow Buyers of Residential Real Estate in B.C. to Walk Away

Purchasers of residential real property in British Columbia (B.C.) may soon benefit from a statutory “cooling-off period” — to be known as the Homebuyer Protection Period — under changes to the Property Law Act (British...more

Sheppard Mullin Richter & Hampton LLP

CFPB Seeks to Prevent Algorithmic Bias in Automated Home Valuation Models

On February 23, the CFPB outlined a proposal for upcoming joint rulemaking to prevent algorithmic bias in automated home valuation models (AVMs). Here, the CFPB is specifically focused on the potential for AVMs to pose fair...more

Tonkon Torp LLP

Portland's Residential Real Estate Market Favors Sellers

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While life is full of uncertainties, one factor remains the same: housing prices are on the rise. This non-stop increase has generated a windfall for homeowners and significant anxiety for prospective buyers, as home prices...more

Lasher Holzapfel Sperry & Ebberson PLLC

Buying a New Home? What To Know Before Making An Offer

Buying a home remains one of the largest financial commitments and personal goals in an individual’s life. However, in the current market buyers are moving quickly, making large cash offers above-asking value and waiving...more

McGlinchey Stafford

What Defects Must Be Disclosed When Selling My Home?

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Caveat Emptor- Nieberding v. Barrante, 8th Dist. Cuyahoga No. 110103, 2021-Ohio-2593- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the sellers had no obligation to...more

Fox Rothschild LLP

Home Buyers Throwing From The 3 Point Line May Not Be Hitting “The Drain”

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For better or for worse, divorce lawyers get a front row seat to the home real estate market because their business often involves selling a family’s most prominent asset. The last 12 months have made for an exciting game as...more

Lasher Holzapfel Sperry & Ebberson PLLC

Husband, Wife, Partner, Significant Other: Risks Of Home Buying As An Unmarried Couple

The real estate market in Seattle is notoriously expensive and competitive and everyone seems to be looking for more space as we enter the second year of a pandemic. There is also a rise in nontraditional partners buying...more

Shutts & Bowen LLP

Contactless Closings During Coronavirus – FAQs

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The current coronavirus era is seeing e-signings, drive-by closings, virtual appraisals and other measures being taken to help real estate transactions move forward. The following commentary will address answers to some of...more

Rosenberg Martin Greenberg LLP

Newly Constructed Dwelling Unit Property Tax Credit Due to Expire on June 30, 2019

Expiring opportunity to obtain significant reductions in property taxes for newly constructed or substantially rehabilitated homes in Baltimore City - Time is running out for buyers of newly constructed homes to obtain a...more

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