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Real Estate Law

Renting vs. Buying: Should you rent or buy a home?

The Doctrine of Waste

The rationale behind the doctrine of waste is that one who is entitled to receive a future interest in real property is entitled to receive the property in the same condition it was in at the time the future interest was created by the original grantor. Although the doctrine of waste may prevent changes that increase the value of the property, more often it refers to action or inaction that damages the property in some respect.

Percolation Tests

A percolation test, or "perc test," is performed on undeveloped land in order to determine whether the land is absorbent enough to support the installation of a septic system. Typically, the test is performed by a hydraulic engineer.

Breach of Contract

A breach of contract occurs in the event one of the parties to a contract fails to fulfill his or her part of the deal.

Housing Discrimination Against Prospective Tenants

Generally, a landlord is free to rent his or her premises to anyone he or she chooses. The landlord does not have that same freedom if the housing is part of a federally-subsidized complex or the property is privately owned by a landlord who owns more than four units. The landlord can only refuse to rent his premises to a prospective tenant if the landlord has a tangible reason that is non-discriminatory.