Real estate on COVID-19

For this research paper, you will explore the legal impact of the current COVID-19 pandemic through the lens of property owners and occupiers, buyers and sellers.
I invite you to research and write about local laws governing where you intend to live after graduation. For example, if you will plan to live in LA, write about LAs response. If you plan to live in Orange County, research and write about whats happening in that local community. The goal of this paper is for you to explore the impact of COVID-19 on housing or commercial real estate in the community you plan to live/work in after graduation.
Take this opportunity to think deeply about the personal and economic impact of COVID-19 and the attendant social distancing measures, and how it might impact you and those around you. We all need housing. Whether you explore the impact on residential real estate through the lens of landlord/tenant or buyer/seller, this is impacting you and those around you. Similarly, we want to graduate and earn income, but this pandemic is impacting the physical nature of how we work. Despite the fact that there are commercial lease contracts in place and obligations to pay rent, restaurants are empty, and offices are closed.
By researching and deeply understanding the impact and responsive rules, regulations, and best practices, you are empowering yourself with the knowledge and confidence to make important decisions in the coming months and years. Choose any fact pattern you wish. My intention is that this research paper arm you with knowledge about a topic that is directly relevant to your life, so I invite you to choose the fact pattern most relevant to you. Also, feel free to revise the facts if these dont speak to you, especially if you or someone you care about is facing a residential or commercial real estate related issue you would like to learn more about. Take this opportunity to explore impact and solutions that mean something to you. Please state the facts and the beginning of your paper and identify the problem you are addressing so I can read your paper through your lens.
Sample Fact Patterns
Choose from the fact patterns, below. Feel free to revise the facts to resemble a situation/problem you would like to analyze. Describe your chosen fact pattern in the INTRODUCTION.
1. Residential landlord tenant- The restaurant where the tenant worked is only selling takeout and delivery and tenant has lost his job. Tenant is unable to pay rent and doesnt envision being able to get another job until social distancing rules are relaxed, although tenant is willing to try. Discuss the rights and duties of the parties. What steps should both parties take to protect themselves?
– Be sure to reference and discuss all relevant CAR forms, including the residential lease and the COVID-19 specific forms we discussed in class.

Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern.
– Pretend we are now in August and social distancing rules are still in place. Tenant is still unable to pay full rent. What steps do you think the parties should take? Should the government act (e.g. new laws, protections, stimulus packages) and if so, how?

2. Commercial landlord tenant- Landlord owns a small commercial strip center. Tenant owns a restaurant in one of Landlords units. The restaurant is only permitted to sell food on a take-out and deliver basis. The business is only bringing in 30% of what it was before, and the tenant was already operating on small margins. Tenant has fired all but 2 employees due to Tenants inability to pay their wages. Tenant is unable to pay rent for the months of April, May, and June. Discuss the rights and duties of the parties. What steps should both parties take to protect themselves?
– Be sure to reference and discuss all relevant CAR forms, including the commercial lease and the COVID-19 specific forms we discussed in class.
– Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern. – Pretend we are now in August and social distancing rules are still in place. What steps do you think the parties should take? Should the government act (e.g. new laws, protections, stimulus packages) and if so, how?

3. Sale/purchase of residential real estate- Seller has lost her job and is unable to pay the mortgage. Although banks are deferring mortgage payments, Seller feels that her job will be permanently impacted- she will never get it back. Seller decides to sell her home and hires Listing Agent.
– Describe the relationship between the seller and the listing agent, and what new protections and practices they should put in place to market and sell the home during COVID-19. This includes a discussion of any CAR forms that should accompany the listing agreement.
Now imaging a buyer has submitted an offer. The buyer owns a local messenger deliver service and business is better than ever as people would rather hire his messengers than go out or deliver things themselves. Buyer enters a contract to purchase the property. The parties enter escrow, the buyer is able to get financing, and all the inspection reports come back acceptable. The buyer releases all contingencies and the parties are now locked in. One week before escrow is about to close, the buyer contracts COVID-19 and is hospitalized. The seller still wants to close on time because she is experiencing financial pressure. The buyer (who would later recover after 2 weeks in the hospital) has racked up enormous hospital co-pays. Also, while the buyer was in the hospital, he was unable to run his business and business suffered. Buyer no longer wants to buy the home and move. Moreover, buyer feels that he is now financially unable to afford the home.
– Be sure to reference and discuss all relevant CAR forms, including the purchase agreement and the COVID-19 specific forms we discussed in class.
– Discuss all relevant laws and ordinances and describe the impact of these laws and ordinances on the rights and duties of the parties. This will require you to do some online research to learn about the relevant laws, and analyze how those laws impact this fact pattern.
– Pretend we are now in August and social distancing rules are still in place. How do you envision this impacting how residential real estate is purchased and sold? What best practices would you put in place? What laws, if any, would you enact?

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