Sources of Real Estate Law

Sources of Real Estate Law

Click the numbers below for more information.

Sources of Real Estate Law

Click the numbers below for more information.

• Regulates government action
• The supreme source of law
• Applicable in every state and is the basis for each state’s constitution
• State constitutions cannot supersede or conflict with

The U.S. Constitution

Example: The 14th Amendment, which provides civil rights protections and is the basis for federal fair housing laws

Sources of Real Estate Law

Click the numbers below for more information.

Statutory Laws

• Can’t supersede or conflict with the U.S. Constitution
• May be specific, or set broad standards of conduct and establish enforcement agencies
• Include federal laws/statutes in the areas of mortgage lending, environmental laws, and civil rights

Example: Fair housing laws

State Laws and Regulations

• Laws that apply only to individuals living within the state
• May not conflict with or attempt to supersede constitutional rights

Example: Real estate license law, homestead, and community property laws

Sources of Real Estate Law

Click the numbers below for more information.

Case Law

• Also known as common law
• Laws created by judicial rulings, which clarify and interpret the Constitution, laws, and regulations
• Establish legal precedent as a result of the court’s interpretation of other sources of law
• Lower courts are bound by higher courts in the same jurisdiction

Example: Brown v. Board of Education 1954

Sources of Real Estate Law

Click the numbers below for more information.

Administrative Laws and Ordinances

• May not conflict with state or federal law
• Enacted by government administrative agencies at the city, state, federal, or county level, such as the Federal Housing Administration, state real estate commissions, and local planning boards
• Provide a way to implement and enforce laws, and detailed information on illegal practices and penalties for violations

Example: Real estate commission code of ethics and local building codes

Federal Laws

• Cannot supersede or conflict with the U.S. Constitution
• Administrative law issued by federal agencies, boards, or commissions
• Defines how laws are implemented and enforced

Example: The Age Discrimination in Employment Act of 1967, which defines prohibited actions and consequences for violation of the act