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The real estate business is fraught with
scams, fraud and unethical practices. As such, it is a
highly-regulated business. As a real estate investor, you are
treading on areas of law which you should be familiar.
A good real estate attorney will help
you along the way, but you should stive to educate yourself as well.
At a minimum, you should be aware of the following:
Landlord-Tenant Rules
What exactly does it take to evict
someone? How much does it cost? How long does it take? Can I serve
notices myself, or do I need a process server? Are there special
housing rules that apply in my city? Is there a limit to the amount
of rent increases I can ask for? Is there a limit to security
deposits? Do I have to give interest on a security deposit to my
tenant? How long can I hold a security deposit after the tenant
leaves? Is there a minimum grace period before I can charge a late
fee?
Cornell University Law School's website maintains a good list of
state real property statutes. You can also find information on the
Rental Housing Online
site.
Legal Documents
What form of contract, deed,
mortgage, note, lease, etc are commonly used in my area? Are there
special forms required for licensed real estate agents? Am I
required to use these forms if I am an agent acting as a principal?
You should learn the local forms and how to custom-tailor them for
your needs. A good attorney and my
Nuts
& Bolts of Creative Real Estate Transactions course will help.
Recording Rules
Where do legal documents get
recorded? What are the filing fees? What format must the documents
follow? Is there a transfer tax? Contact your local title company or
the
County recorder's office for information.
Disclosure Laws
What must be disclosed to a buyer or
tenant about the property? Lead? Asbestos? Rapists in the
neighborhood? You can usually find this information by contacting
your
local real estate investor's association.
Interest Rate
Limits & Other Loan Regulations
What is the limit for charging
interest until it becomes usury? In most states the limit is 21%; a
few states have no limit. Once you loan money or sell houses on
credit with owner financing, you may have to comply with Federal
Regulation Z (Truth-in-Lending), the Real Estate Settlement
Procedures Act (R.E.S.P.A.) and other state counterparts.
Fair Housing
Can I discriminate against certain
groups when I rent my property? Obviously, you cannot discriminate
against people based on race, religion, sex, age, etc. However, some
state and cities have more peculiar restrictions, such New York
City. where you can't discriminate against lawyers!
Licensing Laws
Learn Real Estate Agent Licensing
Laws. In some cases, your practices as an investor may be treading
close that of an agent. Check with your
state licensing agency for more information. If you are
rehabbing homes, you may need to comply with building regulations
and be licensed as a homebuilder or developer. Also, be aware of
Consumer Protection laws that regulate high-pressure sales,
foreclosure purchases, sale-leasebacks and other distress real
estate transactions
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