Real Estate Transactions : Cases and

Updated and expanded, Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance provides an overview of this growing area of law. Highlights of the new edition include a new section on the globalization of American real estate transactions and finance; new cases on the basic elements of the real estate transaction, including brokers, contract conditions, contract remedies, escrow arrangements, legal descriptions, the recording system, mortgage refinancing, and installment sales agreements; increased coverage of the secondary market for mortgages and Federal National Mortgage Association and Freddie Mac transactions; and expanded coverage of shopping center development, including percentage rent and subordination agreements.

Preface

v

Table of Cases

xix

PART ONE Basic Elements of the Real Estate Transaction

1

(564)

Arranging the Deal

2

(70)

An Introduction to the Conveyancing Industry

2

(13)

Lawyers

15

(15)

Brokers

30

(42)

Performing the Contract

72

(82)

Risk of Loss

72

(9)

Statute of Frauds

81

(8)

Contract Conditions

89

(28)

The Calculus of Remedies

117

(37)

Closing the Contract

154

(90)

The Formalities of Transfer

156

(37)

Liabilities That Survive the Deed

193

(51)

Assuring Title

244

(102)

The Record System

244

(58)

Abstracts, Opinions and Title Insurance

302

(24)

Increasing the Efficiency of Title Assurance

326

(20)

Financing the Purchase

346

(175)

The Forms, Sources and Terms of Home Finance

346

(56)

Junior Liens

402

(17)

Transfers of Mortgaged Property and Mortgage Interests

419

(26)

Mortgage Default

445

(61)

Financing Through the Land Sale Contract

506

(15)

Federal Income Tax Considerations

521

(15)

Building on the Basics: Condominium and Other Communal Arrangements for Home Ownership

536

(29)

Management and Control

543

(7)

Restraints on Alienation

550

(4)

Restrictions on Occupancy and Use

554

(11)

PART TWO Elements of the Commercial Real Estate Transaction

565

(482)

Federal Income Tax Considerations

568

(87)

Tax Planning: How Property Is Held

568

(19)

Deductions: Leverage, Depreciation and Tax Shelter

587

(38)

Disposition: Deferring the Recognition of Gain (and Loss)

625

(30)

Commercial Land Finance

655

(292)

Mortgages

657

(101)

Leases

758

(46)

Properties in Distress

804

(55)

The Impact of Environmental Regulation on Real Estate Transactions

859

(67)

Globalization of American Real Estate Transactions and Finance

926

(21)

Building on the Basics: The Shopping Center Development

947

(100)

The Concept

948

(9)

Assembly and Finance

957

(29)

Leasing and Operations

986

(61)

Index

1047

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Real Estate Transactions : Cases and Materials on Land Transfer, Development and Finance

Summary

Table of Contents

Supplemental Materials