Another Real Estate Question please help?

Question

1. If the Plano City Council enacts a law detailing the standard by which new homes must be constructed in Plano this would be an example of one of the seven sources of real estate law? True or False

Please explain

Thanks

Bob

Answer 1

I'm a real estate attorney, what the heck are the "seven sources of real estate law?"  I've never heard that term before.

That being said, there is: (1)  the US Constitution; (2) a state's constitution;  (3) federal statutes; (4) state statutes; (5) federal regulations; (6) state regulations; (7) county ordinances; (8) city ordinances (if applicable); and (9) the Common Law.    All of which must be checked to determine whether a building is constructed/zoned properly.  

My best guess is "true" to your question, but the question itself assumes an understanding that is not universally known.

Answer 2

the laws governing building codes and standards are dictated by the City Building Codes and Specs. False

Answer 3

true. it is a source of law because a law has been enacted, which is one way we get laws.

Answer 4

Bob,

         I have been engaged in Real Estate for 30+ years and I have no idea what seven (7) sources you refer.

         The following have rights to initiate real estate jurisdiction:

          People through the intiative process.

          City government

          County government

          State government; and

          Federal government.

          There may be additional local, regional, statewide and federal agencies created within the authority of the government agencies to carry out government mandates like:

           Mosquito abatement districts-agricultural districts, water districts, fire districts, waste management districts, air quality districts and the like set up cooperatively to serve multiple jurisdictions of previously outlined pockets of authority.

This might be considered a source of real estate laws but is more accurately a subdivision of existing outlined authority.

Answer 5

Bob,

Which textbook are you reading from?