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Disclosure Requirements Real Estate Transactions

Ballard Spahr LLP

Oregon Repeals Statewide Wildfire Hazard Map and Mitigation Requirements

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Following outcry from rural Oregon property owners faced with stricter building codes and fewer insurers willing to write fire policies, Governor Tina Kotek has signed two measures to address wildfire risks in the state. One...more

Kerr Russell

Five Things to Know About the Owner’s Affidavit in Real Estate Transactions

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In real estate transactions, one of the most important documents a seller will execute is the “Owner’s Affidavit” (also sometimes called a “Seller’s Affidavit” or “Affidavit of Title”). Often, purchase agreements require the...more

Partridge Snow & Hahn LLP

Massachusetts Regulation Prohibits Sellers from Accepting Offers with Preemptive Inspection Waivers

Effective October 15, 2025, Massachusetts has adopted new home inspection regulations under 760 CMR 74.00 that prohibit sellers from accepting residential real estate offers containing preemptive inspection waivers, or...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Clarifies Seller Disclosure Obligations in Ashmus v. Coughlin

In Ashmus v. Coughlin, 2025-Ohio-2412, the Ohio Supreme Court provided important guidance on the scope of a seller’s disclosure obligations under Ohio Revised Code 5302.30, particularly when it comes to “material defects” in...more

Hudson Cook, LLP

New Residential Property Management Laws: Leasing Compliance Shifts for Summer 2025

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With the summer wave of state legislative adjournments ending, residential property managers are confronting a new landscape of regulatory obligations. Several states and municipalities have enacted or finalized laws and...more

Hinckley Allen

A Practical Guide to AI Adoption and Use in Commercial Real Estate

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Generative AI (genAI) is transforming the commercial real estate (CRE) industry. From accelerating due diligence to streamlining lease abstraction, genAI tools promise significant efficiency gains across the deal lifecycle....more

Chambliss, Bahner & Stophel, P.C.

Tennessee Foreclosure Bill to Update Advertising Requirements

On July 1, 2025, the amended Tennessee Code Annotated, § 35-5-101 took effect, bringing several important changes to the foreclosure process in Tennessee:...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Condo Law Reform - What Florida’s HB 913 Means for Associations and Owners

In the wake of the 2021 Surfside Condominium collapse, Florida lawmakers enacted sweeping reforms to enhance safety, transparency, and accountability within condominiums and cooperatives. Most recently, Florida House Bill 913...more

Woods Rogers

Legislation Impacting Financial Services Industry Going Into Effect July 1, 2025

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The 2025 Virginia General Assembly session concluded in May. During this term, legislators passed a variety of bills that will impact financial services. The more significant legislation is summarized below...more

Whiteford

Client Alert: New Maryland Law Affecting Condominium and Homeowner Associations

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Mayland Senate Bill 758 / House Bill 1534 (the “Bill”) was recently signed by the Governor of Maryland, Wes Moore, and will go into effect October 1, 2025. The Bill (available here) amends Title 11 (the Condominium Act) and...more

Kohrman Jackson & Krantz LLP

Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale

A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer...more

Whiteford

Client Alert: 2025 Virginia Legislative Updates for Common Interest Communities

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The Virginia General Assembly approved a number of bills during its 2025 legislative session. Some of the bills impact, directly or indirectly, common interest communities. The Governor of Virginia signed the following bills...more

Stoel Rives LLP

Lease of Mind: Why Developers Should Consider Lease Options in Real Estate Agreements

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Before leasing land, it is important for developers to understand the benefits of using a lease-option structure instead of jumping straight into a leasehold. By deliberately separating and sequencing the grant of rights from...more

A&O Shearman

The Register of Overseas Entities – what the real estate industry needs to know - May 2025

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Any overseas entity acquiring a Qualifying Estate must register on the Register of Overseas Entities (ROE). The ROE opened for registrations on August 1, 2022. Since September 5, 2022, an overseas entity that is not...more

Lowndes

Coastal Construction Control Lines in Florida

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If you are buying or financing beachfront property in Florida, you should be aware of the state’s Beach and Shore Preservation Act in Chapter 161, Florida Statutes. This Act was adopted by the legislature to regulate certain...more

Lasher Holzapfel Sperry & Ebberson PLLC

Commercial Real Estate Disclosures in Washington: What Sellers Need to Know

In Washington, sellers of commercial property are required to complete and timely provide a buyer with a seller disclosure statement (commonly known as the Form 17 Comm) containing specific information about the property...more

Seyfarth Shaw LLP

New York State Amends 2024 Bed Bug Disclosure Law

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New York’s bed bug disclosure law, Real Property Law § 235-j, has been amended to provide landlords and lessors additional time to comply with the law’s disclosure requirements and to limit the tenants and lessees entitled to...more

Mayer Brown

The Misrepresentation of Moths – Lessons from a Yarn

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It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Clark Hill PLC

Recent Changes to Illinois Real Estate Law Affecting Landlords, Tenants in 2025

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2025 brought over 300 changes to the laws of the State of Illinois. Some of these new laws impact the relationship between landlords and tenants and also impose further restrictions on condominium associations. At the start...more

Pillsbury Winthrop Shaw Pittman LLP

New ASTM Standard Aims to Facilitate Assessing Climate Risk and Resilience Considerations

Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more

Lasher Holzapfel Sperry & Ebberson PLLC

Contractors Must Provide Pre-Notice Disclosure Before Recording a Lien

Liens provide a means of recourse for contractors, subcontractors, and suppliers who have not been paid. In Washington, there are specific disclosure requirements that must be met before a licensed and registered contractor...more

Brownstein Hyatt Farber Schreck

California’s New Requirements for Buyer-Broker Representation Agreements

As of Jan. 1, 2025, California law mandates a written buyer-broker representation agreement for buyer’s brokers to receive a commission in real property sales. The new law applies to sales of all property types, including...more

International Lawyers Network

Buying and Selling Real Estate in Massachusetts (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER MASSACHUSETTS LAW - I. STANDARD FORMS OF AGREEMENTS - A. Offer to Purchase sets forth buyer’s offer of price, date for closing, contingencies for inspections, financing etc....more

International Lawyers Network

Buying and Selling Real Estate in Australia (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER AUSTRALIAN LAW - INTRODUCTION - The majority of land in Australia consists of freehold title. Registration of ownership of freehold title is recorded using the Torrens...more

Levenfeld Pearlstein, LLC

‘Danger, Will Robinson’: The IRS Increases Scrutiny of Conservation Easements

Sometimes tax motives overwhelm philanthropic motives, which has often been the case with charitable deductions for so-called “conservation easements.” For years now, sponsors have offered up investments in partnerships,...more

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