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Real Estate Newsletters

Nonconforming Uses, Conditional Use Permits, and Variances

Zoning ordinances enforce or develop a comprehensive plan to divide property within a governmental entity's borders. The ordinances restrict a property owner's use of his or her private property so that the public's health, safety, and welfare are protected, maintained, and developed. Zoning ordinances affect the structures that already exist within the governmental entity's borders at the time the ordinances are enacted.

Mold Prevention and Eradication

Every year, numerous people suffer ill health effects as the result of the presence of mold in the home. Mold may be any color, including black or white. The presence of mold in a home is the result of excess moisture. Mold may cause a wide range of health problems.

"As is" Clauses in Residential Real Estate Contracts

Generally, a seller has a duty to disclose known material defects and to provide a good faith answer to questions about other defects. When preparing the residential real estate contract, the broker may insert a clause, stating that the buyer agrees to purchase the property "as is."

Trees - Fruit & Nut Trees

Generally speaking, a property owner may cut back branches and roots that stray onto the property owner's property. The right of self-help, as it is called, is not found in state law; however, it derives from the common law. The rationale behind the right of self-help is that, to the extent possible, property owners should be able to protect their interests without the necessity of resorting to the courts.

The Residential Real Estate Mortgage

Most purchases of residential property are financed through mortgages. A mortgage is a financial transaction by which a purchaser borrows money from a lender that is payable over time.