40 Property Law FAQs for Real Estate Investors

1–10: Property Law Basics

What is property? Define and give an example of real property and personal property.

Answer: Real property refers to land and immovable structures. Personal property is movable items.

What is a deed?

Answer: A legal paper that transfers ownership of real property from one party to another.

What is title insurance, and why is it important?

Answer: To protect against defects in the title- for example, liens or ownership disputes-between buyers and lenders.

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What is a property lien?

Answer: A legal claim against a property used as collateral for a debt.

What is a property easement?

Answer: A right allowing someone to use another’s property for a specific purpose, like access or utilities.

What is a property survey?

Answer: A detailed map showing property boundaries, structures, and potential encroachments.

What is a zoning ordinance?

Answer: Local laws regulating land use, such as residential, commercial, or industrial purposes.

Can zoning laws be modified?

Yes-through rezoning requests or variances-local government approval is necessary.

What is an HOA (Homeowners Association)?

Organization managing a residential community, enforcing rules, and collecting fees for maintenance.

What are the main types of property ownership?

Sole ownership, joint tenancy, tenancy in common, and tenancy by the entirety.

11–20: Buying and Selling Real Estate

What is an earnest money deposit?

Answer: A deposit representing the buyer’s good faith showing that the money is in escrow until the closing.

What contingencies are included in a real estate contract?

Answer: Financing, inspections, appraisals, and clear title.

What occurs during a closing?

Answer: Transfer of ownership, signing of documents, and exchanging funds.

What is a short sale?

Answer: The selling of a property for less than the remaining balance of the mortgage, usually required to be approved by the lender.

What is a real estate escrow?

Answer: A neutral third party holding funds and documents until transaction terms are met.

What is a “For Sale By Owner” (FSBO) sale?

Answer: When a homeowner sells property without a real estate agent.

What is a seller’s disclosure?

Answer: A document detailing known property defects and issues, required in many states.

Can a buyer back out after signing a purchase agreement?

Answer: Yes, if contingencies aren’t met; otherwise, penalties may apply.

What is a deed of trust?

Answer: A document securing a loan with the property as collateral, involving a trustee.

What is an “as-is” sale?

Answer: The property is sold in its current condition, with no obligation for repairs.

21–30: Landlord-Tenant Law

What is a lease agreement?

Answer: A contract outlining terms for renting property, including rent, duration, and responsibilities.

Can a landlord increase rent mid-lease?

Answer: Not without tenant agreement or if allowed by the lease terms.

What if a tenant breaches the lease?

Answer: Tenants can lose deposits or be liable for damages according to the terms of the lease.

What is a security deposit?

Answer: It is the money held by the landlord for any damages or unpaid rent.

Can landlords evict tenants without notice?

Answer: No, the eviction needs to have proper notice and legal processes in place.

What is the tenant’s right to quiet enjoyment?

Answer: The right to use property without interference from the landlord.

Can landlords enter rented property without permission?

Answer: Only with proper notice or in emergencies, according to state law.

What is a lease option?

Answer: A lease contract that allows the tenant to buy the property.

Who is responsible for repairs on a rental property?

Answer: Generally, the landlords are responsible for major repairs. The tenants make minor repairs unless otherwise agreed upon.

What is subleasing?

Answer: When a tenant rents out their leased property to another party, subject to the lease terms.

31–40: Investing and Legal Considerations

What is a 1031 exchange?

Answer: A tax-deferred exchange of investment properties under IRS rules.

What is a REIT (Real Estate Investment Trust)?

Answer: A company owning, operating, or financing income-generating properties.

What are the tax implications of owning rental property?

Answer: Owners can deduct expenses like mortgage interest, property taxes, and repairs.

What is a foreclosure?

Answer: A legal process where the lender repossesses property due to unpaid mortgage.

Can investors buy foreclosed properties?

Answer: Yes, through auctions, direct purchase from lenders, or short sales.

What is the difference between residential and commercial property?

Answer: Residential is for living purposes, while commercial is for business use.

What are zoning variances?

Answer: Permissions to use property in ways that deviate from current zoning laws.

What is a property flip?

Answer: Buying a property, improving it, and selling it for a profit.

What are capital gains taxes on real estate?

Answer: Taxes on profits from selling a property, sometimes exempting one’s primary residence.

What is property due diligence?

Answer: Researching a property’s history, condition, and legal problems before buying it.

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