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Articles 1 - 2 of 2
Full-Text Articles in Property Law and Real Estate
Buyer Beware: Who Is Paying The Home Buyer’S Real Estate Agent?, Melissa Stewart
Buyer Beware: Who Is Paying The Home Buyer’S Real Estate Agent?, Melissa Stewart
University of Miami Business Law Review
Within the past few years, unprecedented class action lawsuits have been filed against the National Association of Realtors (“NAR”) and major real estate brokerage firms that could have multibillion-dollar implications to homeowners across the United States. One lawsuit claims that NAR rules requiring home sellers’ brokers (“seller-broker”) to offer home buyers’ brokers’ (“buyer-broker”) compensation when listing a property on a local database of properties for sale called the Multiple Listing Service (“MLS”) have driven up costs to the seller and discouraged competition, violating the Sherman Antitrust Act. This commission structure has been upheld in the courts before, but the real …
Climate-Induced Human Displacement And Conservation Lands, Jessica Owley
Climate-Induced Human Displacement And Conservation Lands, Jessica Owley
Articles
As climate change leads to both internal displacement and mass migrations, we need not only new places for people to live but also new locations for infrastructure projects and other public needs. Some of the most attractive areas for these new land uses are currently unoccupied land, including land set aside for conservation. Numerous laws restrict the availability and possible uses of public conservation land. Individual agreements and property restrictions encumber private conservation land, varying in the ease with which the restrictions can be modified. For example, privately protected areas in the United States are often encumbered with perpetual conservation …