Essay Sample on Real Estate Disclosure Laws

Real Estate disclosure Laws make part of legislation that govern acquisition, using and selling of land or property established on a particular piece of land. The laws have different perspectives, including, a title deed, purchase financing, renting, leasing, and landlord-tenant relationship. The rules that apply in real estate are state laws and federal laws throughout the United States. In this regard, we focus on the application of the law on the rights of tenants of the Southern View Racing part stores versus the property owner's rights.

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Tenants' Rights versus Property Owners Rights

Southern View Racing parts store upholds and adheres to federal, state, and local laws governing the real estate business in the nation. In line with its mission and compliance vision, the business owners, managers, and other staff understand the legal issues that regulate the establishment and operations of the business. The business community embraces the rights of its potential customers and their reasons for purposes of both quality services and peaceful coexistence. We learn from previous disputes that involved tenants and property owners so that the business does not find itself in similar situations with the tenants in the future.

Breach materiality of a lease agreement, Boston LLC versus Juarez is our case of reference and learning point in the relationship between our tenants and the property owners The case reported in November 2015 showed an ambiguous tenant-property owner agreement, hence the discussion whether there was beach of contract in the implied tenancy warrant (Phillips & Miller, 2018 pg 6). The ambiguity in the contract provided that failure to comply with the terms of the settlement would result in automatic termination of the tenant's possession rights in the property. Rental agreement Act requires that a tenant must obtain rental insurance scheme to obtain possession of any rentable space. In this regard, the court upheld the property owners' orders to evict the tenant whether the breach was material or not because the tenant failed to obtain the insurance.

The property owners felt that my failure to have an insurance scheme; it was proper to terminate the occupant's tenancy in the property without any further consideration. The termination was due whether the occupation had taken effect or not, and there was no grace or leniency period may be to process the insurance later. The property owner, therefore, moved to court with these complaints and eventually won the case to be able to evict the tenant.

The tenant, just like any other light-minded citizen of the federal republic of America, felt the ambiguity in the issue. Property owners have the mandate to prepare tenancy agreements in line with their business interests, market forces, and state regulations. The loophole allows them to insert boilerplate provisions. The potential tenants may not notice these provisions to evade the well-deserved materiality needs. The tenant argued their responses in court for well-deserved leniency to allow them to process their insurance as required but to no success.

Laws Applicable

The federal law protects against civil rights violation in tenancy and housing. The Fair Housing Act states that property owners cannot refuse to house any potential tenants based on whatever form of discrimination. The Housing Department, Urban development of the United States and the federal government's authority aims at providing affordable housing to every American citizen. Regarding provisions of the federal law, the case of Boston LLC versus Juarez, there is a questionable judgment that the court made concerning the termination of the tenants' rights of occupancy. As much as the tenant did not own the insurance of the tenancy period, it should be clear that he was aware but reluctant to acquiring a scheme. The court was not clear on this, and therefore, every right-minded person would consider that judgment discriminative while the federal body is against any form of discrimination in housing.

In the application of state laws in a case such as Boston LLC versus Juarez, ruling in Texas, for example, the tenant must have been in a breach of contract beyond reasonable doubts. The ambiguity in this case, according to the Texas State laws is that the court was not clear whether the failure to secure the insurance scheme was due to defiance. Additionally, the court did not ascertain that the contract between the complainant and the plaintiff complied with the federal provisions on fair housing Act. The Texas State laws on tenancy and housing protocols also provide that notice gets to the tenant upon breach of any part of the contract. This part of the law's provision was not evident in the court ruling i.e., whether the tenant received a prior notice but reluctant over it. Further to this notice, the court was not clear on whether notice to vacate applied, but the tenant was challenging, and that was the reason why the property owner went to court.

Many of the rights of tenants spelled out in state laws are applicable in the local laws. These two laws comply with the federal Acts of providing affordable housing, including fair tenant-property owner practices. The court ruling did not ascertain several issues regarding local laws whose provision still protects the rights of tenants against discrimination. The court did not determine whether the property owner informed the tenant about the insurance, was lenient, and provided a grace period over coverage. The issues that the court overlooked while deciding the case study made the judgment questionable.

The decision made by the court in the case study of Boston LLC versus Juarez looks unfair to the plaintiff (tenant) but favored the property owner. In rent control jurisdictions, the court's decision provided a convenient way to dismiss tenants paying below the market rents. The court would allow raising the rent amounts to the market level. Therefore; it controlled the tenants' ordinance provision that property owners have moral grounds to evict tenants. The question in this argument remains, complies with the federal law's requirement of fair and affordable housing? The property owners should find other ways of adjusting their rents to market other than criminal questionable and unsubstantiated court procedures.

Recommendations on How Real Estate Issues Can be solved

Real estate issues surround land and property sale, purchase, leasing, and renting, and therefore, some legislations govern people and process around this business. Ethical integrity, fairness, and quality service provision are significant concerns of the federal, state, and local governing bodies in America. Some kind of fair conflict resolution is necessary because conflicts cannot fester without damage to civic solidarity (Chan, 2019, pg 73). Property owners should not use criminal court procedures to frustrate potential tenants because the tenants also have equal rights.

Regarding the case of Boston LLC versus Juarez, through a rogue court process, the tenants who might not have had a better knowledge of what were the procedures of agreement compliance. Many issues were not convincing in the decision of the court at the time of upholding the property owner's decision to evict the tenant. In my opinion, this was committing a capital offense. I recommend that the tenant would have appealed the conclusion of the court in an attempt to protect the loss of his rented property.

Conclusion

State governments, especially Texas, where we have Southern View Racing part stores, should adequately educate the public on the tenants' rights versus property owners' rights. Furthermore, before signing any tenancy agreement, property owners should be open and share the tenancy requirements widely. Property owners should also learn better ways of meeting market demands but not molesting innocent tenants. Southern View Racing part stores intend to practice these morally upright procedures in an attempt to uphold good tenant-property owners' relationship.

References

Chan, J. K. (2019). Conflict. In Urban Ethics in the Anthropocene (pp. 73-97). Palgrave Macmillan, Singapore.

Phillips, J. A., & Miller, C. J. (2018). The Implied Warranty of Habitability: Is Rent Escrow the Solution or the Obstacle to Tenant's Enforcement. Cardozo J. Equal Rts. & Soc. Just., 25, 1.