Department of General Business

BLW 366 - Real Estate Law

College of Business, Stephen F. Austin State University

Note: This "standard" course syllabus is only a guide. Actual requirements for a particular course and section of this course are described in the course section syllabus, which should be obtained from the course instructor at the beginning of the respective semester. Requirements listed herein are subject to change without notice.

Course: BLW 366 – Real Estate Law

Catalog Description: Legal concepts of real estate, land description, real property rights, estates in land, contracts, conveyances, encumbrances, foreclosures, recording procedures, evidence of title, consumer protection and landlord-tenant law.

Learning Objectives:

Upon completion of this course, the student should be able to:

  1. Distinguish between freehold and nonfreehold estates and the interests acquired incident to these estates, together with the laws regulating the use of these estates.
  2. Understand the Texas homestead law and the Texas community property law system.
  3. Compare and understand the methods of describing real property in Texas.
  4. Identify the licensing requirements for real estate brokers and salesmen and the law of agency that affects real estate professionals.
  5. Distinguish between the methods of voluntary and involuntary conveyance of real property.
  6. Understand how to finance the purchase of real property and the charges assessed incident to the mortgage agreement.
  7. Identify and distinguish between the methods of title assurance in Texas.
  8. Understand the real estate closing process and be able to identify the costs charges incident to a real estate closing.
  9. Understand the Texas law affecting the landlord/tenant relationship, including the rights and duties of both the landlord and the tenant.
  10. Distinguish between a condominium and a cooperative as forms of real property ownership.

Textbook:

Jacobus, Charles J. Texas Real Estate Law. 9th edition. Prentice Hall Publishing.

Evaluation:

The instructor evaluates students based upon responses to written examinations, with an average of four (4) examinations per semester.

Topics/Components:

The instructor is required to present material relevant to the topics set forth below regarding the Real Estate Law course.

  1. Introduction to the Basic Processes of Real Estate Law
    1. Sources of Real Estate Law
      1. Constitutions
      2. Statutes
      3. Ordinances and Administrative Regulations
    2. The Current Civil Court System
  2. Estates in Land – Freehold Estates and Statutory Estates
    1. Freehold Estates: Fee simple, life estates, fee on conditional limitation and fee on condition subsequent
    2. Subsurface Estates
    3. Homesteads – Urban and Rural
    4. Marital Property Rights – Community/separate property
    5. Water Rights
  3. Legal Descriptions
    1. Metes and Bounds
    2. Recorded Plat
  4. How Land Ownership is Held
    1. Ownership in Severalty
    2. Tenancy in Common
    3. Joint Tenancy
    4. Partnerships
    5. Corporations
    6. Ownership by Trusts
  5. Fixtures and Easements
    1. Fixtures
      1. Determination of a Fixture
      2. Security Interests
    2. Easements
      1. Creation of an Easement
      2. Termination of an Easement
  6. Real Estate Brokerage and Law of Agency
    1. The Texas Real Estate Commission
    2. Licensing Requirements – Brokers and Salesmen
    3. Listing Agreements
    4. Deceptive Trade Practices Act
    5. Broker’s Recovery Fund
    6. The Agency Relationship and its Duties
  7. Contracts for the Sale of Real Estate
    1. Creation and Rules of Construction of Contracts
    2. Texas Earnest Money Contracts
    3. Installment Land Contracts
  8. Voluntary Conveyances
    1. Deeds – Types and Requirements of Deeds
      1. Recording and Constructive Notice
      2. Lis Pendens
      3. Acknowledgments
    2. Last Will and Testament
  9. Involuntary Conveyances
    1. Eminent Domain
    2. Adverse Possession
    3. Intestate Succession
    4. Foreclosure
    5. Tax Sales
    6. Escheat
    7. Gain or Loss of title by Natural Causes
  10. Mortgages, Interest and Finance Charges
    1. Real Estate Lien Note
    2. Deed of Trust
    3. Regulation Z
    4. Texas Usury Law
  11. Methods of Title Assurance
    1. Torrens System of Title Registration
    2. Personal Warranty of Grantor
    3. Lawyer’s Title Opinion
    4. Abstractor’s Opinion
    5. Title Insurance – Owner’s and Mortgagee’s
  12. Real Estate Closings
    1. The Closing Process
    2. Documents for Closing
    3. Parties to a Closing
    4. The Real Estate Settlement Procedures Act.
  13. Liens
    1. Equitable Liens
    2. Statutory Liens
    3. Constitutional Liens
    4. Contractual Liens
  14. Landlord and Tenant Relationships
    1. Types of Tenancies
    2. Texas law affecting Landlords/Tenants
    3. Lease Agreements
  15. Condominiums and Cooperatives
    1. Creation
    2. Ownership and Control
  16. Regulation of Real Estate
    1. Municipal Land-Use Control – Zoning
    2. Deed Restrictions

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Last updated: 09/02/04