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Full-Text Articles in Law
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
Defending The Low-Income Tenant In North Carolina, Dale A. Whitman
Faculty Publications
The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …
Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman
Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman
Faculty Publications
As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.
Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman
Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman
Faculty Publications
As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.