Posted on September 19, 2022
When it comes to investing in real estate, you need to be aware of many laws and regulations. These laws are in place to protect both buyers and sellers and to make sure that the transaction goes smoothly. Here are 6 real estate laws that you need to understand before investing.
The Truth in Lending Act
This act requires lenders to provide borrowers with a disclosure statement that outlines the terms of the loan. This includes the total amount of the loan, the interest rate, and the monthly payment. Lenders must also give the truth in the lending disclosure statement that outlines the borrower’s rights and responsibilities. The Truth in Lending Act is designed to protect borrowers from being misled about the terms of their loans. If you’re considering taking out a mortgage, make sure you understand the Truth in Lending Act and your rights under this important law.
The Equal Credit Opportunity Act
According to the Federal Trade Commission, the Equal Credit Opportunity Act, also known as ECOA, “prohibits credit discrimination based on race, religion, color, national origin, sex, age, marital status or source of income.” In other words, this law protects your right to access credit regardless of personal characteristics. The ECOA also prohibits creditors from inquiring about your race or other protected characteristic unless it is specifically relevant to the credit transaction.
Additionally, the ECOA requires creditors to maintain records of their credit applications and approvals/denials so that they can be audited for compliance with the law. As a potential home buyer or seller, you must know your rights under the ECOA and consult an experienced real estate attorney if you have any questions or concerns.
The Fair Housing Act
Regarding real estate law, there are a few key things you need to understand. One of the most important is the Fair Housing Act. The Fair Housing Act protects people from discrimination when buying or renting a real estate property. This includes things like race, religion, and disability. The Fair Housing Act is important because it ensures everyone has an equal opportunity to find housing that meets their needs. It’s also important to know that the Fair Housing Act doesn’t just apply to real estate properties. It also applies to things like mortgage lending and insurance. So if you’re ever in the process of buying or renting a property, make sure you’re familiar with the Fair Housing Act and what it means for you.
The RESPA Act
RESPA, or the Real Estate Settlement Procedures Act, is a federal law that was enacted in 1974 to protect consumers from unfair practices during the homebuying and selling process. Among other things, the RESPA Act prohibits referral fees or kickbacks between real estate professionals, requires disclosing loan terms and fees up front, and establishes a three-day cooling-off period for buyers who have second thoughts about their purchase.
If you’re considering buying a home, you must be familiar with RESPA and your rights under the Act. Otherwise, unscrupulous professionals could end up paying more than they need to or being taken advantage of. With some knowledge and research, you can ensure that your real estate transaction is conducted moderately and above board.
The Mortgage Insurance Premium deduction
This act allows homeowners with private mortgage insurance (PMI) to deduct the premium from their taxes. This deduction can save you thousands of dollars every year, so it’s essential to know how it works. Mortgage insurance is required by lenders when borrowers make a down payment of less than 20 percent. The premium is typically paid monthly, and it protects the lender in case the borrower defaults on the loan.
The mortgage insurance premium deduction was created by the Mortgage Insurance Tax Relief Act of 2010, allowing borrowers to deduct the cost of their mortgage insurance premiums on their federal income tax return. The deduction is available for private and government-sponsored insurance, such as FHA mortgage insurance.
The Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act is a federal law that protects individuals called to active military service. The act helps to ensure that servicemembers can maintain their financial stability during service. One of the act’s key provisions is the requirement that landlords provide a minimum of 90 days’ notice before evicting a servicemember from their rental unit.
The act also provides protections against foreclosure and eviction for servicemembers who are deployed or on active duty. In addition, the act imposes a 6% interest rate cap on certain types of debt, such as credit cards and mortgages. The Servicemembers Civil Relief Act is an important law that provides crucial protections for those who serve our country.