Real Estate Law is a multi-faceted area of practice. The transactional practice of real estate encompasses residential and commercial sales and purchases, leases, development, and financing. A real estate attorney may encounter issues related to land use planning and zoning, environmental law, and joint ventures. Those interested in litigation may represent clients in matters such as foreclosures and construction liens
There are a number of courses devoted to subjects within the broad area of Real Estate Law as well courses to help you prepare to take the bar examination. Students who want to pursue legal practice in this area should consider the courses below. Other courses, besides those listed below, are offered under the FIU College of Law curriculum.
Please view the Schedule of Classes to determine which courses will be offered during the current school year.
Foundation Courses related to this pathway include: Contracts and Property Law.
Real Estate Transactions
LAW 6670 Real Estate Transactions (2-3). This course takes an interdisciplinary and practice-oriented approach to real estate transactions, covering land transfers, mortgage law, and selected topics such as usury and mechanics’ liens. Students will study selected tax, environmental and federal securities laws issues in the context of real estate transactions.
LAW 6425 Construction Law (2-3). This course will consider legal issues encountered in construction projects, beginning with the role of the construction lawyer and review of duties and liabilities of the construction team – Architect, Engineer, Owner, Contractor, Construction Manager. The course includes discussion of the bidding process (including bid protest and bid awards), the contracting process with emphasis on key contract provisions, contract performance issues, litigation liability and damage issues, and bonding issues.
LAW 6471 Environmental Law (3). This is a survey of environmental regulation, addressing the environmental policies, rights, and remedies provided by the common law and various federal statutes. The course focuses on the National Environmental Policy Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act, and various other statutes and common law doctrines related to hazardous wastes and toxic substances. Throughout the course, students will be asked to pay attention to the regulatory and administrative structures invoked by these statutes and doctrines.
Land Use Planning and Control
LAW 6460 Land Use Planning and Control (2-3). Since the 1920s, our society has regulated urban and rural uses of land in an attempt to encourage the prudent allocation of land resources, thus this course undertakes an intensive analysis of the traditional regulatory techniques, including general and specific planning, zoning, and subdivision mapping, and relates them to the practical and political aspects of the land use entitlement process and to resolve conflicting use preferences.
Ocean and Coastal Law
LAW 7475 Ocean and Coastal Law (2-3). This course considers aspects of land use law, water law, natural resources law, property law, and constitutional law from the perspective of the special needs of the coast. The course examines the common law and major acts protecting coastal zones and natural resources, and includes discussion of the important interrelations of water, habitat, wildlife, and land use, as well as issues concerning jurisdictional conflicts.
LAW 6560 Securities Regulation (2-3). This course is a comprehensive survey of the statutes and regulations governing the distribution of securities, trading of securities on the stock exchanges and over-the counter markets, the regulation of broker-dealers, and the growing role of institutional investors. Primary focus is placed upon the Securities Act of 1933 and the Securities Act of 1934, with limited attention to state “Blue Sky” securities legislation. Prerequisite: Business Organizations.
Water Resources Law
LAW 6492 Water Resources Law (2). Water Resources Law will explore water’s distinctive character as property that is both public and private, and individual and common. The course will begin with an overview survey of the general legal issues regarding historic water allocation and information regarding current water uses in the United States. First we will study the Riparian system of allocation. We will conclude that study with an examination of water resource issues facing Florida. We will then examine western prior appropriation systems. We will also conclude that study by examining the dispute among users of the Colorado River. We will conclude the course by studying issues related to groundwater and the impact of the Clean Water Act on water resources. Prerequisites: None, although Environmental and Administrative Law is helpful.
Eloisa C. Rodriguez-Dod, Professor of Law