Negligent Misrepresentation in Real Estate Transactions

Real estate transactions present situations in which negligent misrepresentation can occur. Negligent misrepresentation, insofar as the area of tort law is concerned, is usually defined by state law.

Foreclosure and Redemption of Residential Purchase-Money Mortgages

Typically, a purchaser of residential real estate pays for the property with funds that are obtained from a lender, called the mortgagee, through a mortgage transaction. In exchange for the funds, the purchaser, called the mortgagor, promises to repay the funds and gives the mortgagee a security interest in the property to secure the repayment. In the event that the mortgagor does not repay the funds as required by the mortgage document or is otherwise in default, the mortgagee may foreclose on the mortgage.

Mortgagee Insurance

Most residential real estate transactions involve a mortgagee. A mortgagee is the financial institution that loans the money to enable the homeowner to purchase the real estate. The mortgagee is a creditor of the homeowner. When the mortgagee lends the funds, it takes back a security interest in the real estate. As a secured creditor, the mortgagee is entitled to protect its interest in the real estate to the extent of the unpaid balance of the mortgage.

Common Areas

With various forms of property ownership, including condominiums and timeshares, property owners become liable for common area maintenance fees. Such fees vary widely from property to property. In fact, common area maintenance fees can be quite expensive. Hence, it is an important area of consideration for all property owners and prospective property owners.

Considerations for Sellers of Real Estate

There are probably as many reasons for putting a house up for sale as there are sellers. Regardless of the reasons, once the decision is made to sell, sellers have many things to consider that will make the process run smoothly. Among them are the physical condition of the property, the selling price, the remaining balance on any other mortgages or liens that are recorded against the property, and the use of a broker.