Aspen Publishing

Real Estate Transactions: Problems, Cases, and Materials, Fifth Edition

Robin Paul Malloy, James Charles Smith


  • ISBN: 9781454871064

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  • Description

    A concise text that provides students with the tools necessary to understand real estate transactions in a real-world market setting. Featuring cases and materials that reveal ethical and professional responsibility issues that allow students to see professional ethics in a real-world context. This integrated approach to explaining market and ethical constraints on transactional real estate lawyers includes clear and consise explanations on each topic.

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  • Details
    Page Count 704
    Published 02/01/2017
  • Additional Product Details

    Detailed Table of Contents (PDF Download)

    Summary of Contents


    1. Market Context for Real Estate Transactions
    2. Real Estate Brokers
    3. Preparing to Contract
    4. Executory Contracts
    5. Condition of the Property
    6. Closing the Contract
    7. Contract Remedies
    8. Allocating Title Risk
    9. Land Descriptions
    10. Public Records
    11. Title Products
    12. Improving the Efficiency of the Title System
    13. Housing Products
    14. Possession and Use of Mortgaged Property
    15. Residential Mortgage Products
    16. Mortgage Obligations
    17. Foreclosure
    18. Mortgage Substitutes
    19. Junior Mortgages
    20. Basic Commercial Real Estate

    Table of Cases

  • Author Information

    James C. Smith

    James C. Smith joined the faculty of the University of Georgia School of Law in 1984 and was named the John Byrd Martin Chair of Law in 1997. He specializes in property, real estate transactions and commercial law.
    Smith's scholarship includes several books: Property: Cases and Materials (with professors Larson, Nagle and Kidwell), Real Estate Transactions: Problems, Cases and Materials (with Professor Malloy, 2d ed. 2002), Federal Taxation of Real Estate (with Professor Samansky, 2005) and Neighboring Property Owners (1988, with supplements 1990-2005). In addition, Smith has assumed authorship of the best-selling treatise on real estate law, Friedman on Contracts and Conveyances of Real Property ,the seventh edition of which was published in 2005. He has also published numerous articles and book chapters and has served as a fellow of CALI (Center for Computer-Assisted Legal Instruction) to develop electronic teaching materials for property.
    Smith is frequently invited to give guest lectures and to make presentations at academic conferences, and he serves in leadership positions in a number of professional organizations, including the American Bar Association and the Association of American Law Schools. Smith also takes an active role in advising policymakers. He has testified before Congress on four occasions: twice regarding a proposed bill to exempt certain federal workers from state income tax, and twice regarding state taxation of nonresidents' pension income.
    Smith earned a bachelor's degree from St. Olaf College and a law degree from the University of Texas. He then served as a law clerk for Judge Walter Ely of the 9th Circuit U.S. Court of Appeals in Los Angeles, and practiced for four years as an associate with Baker Botts in Houston, TX. Prior to joining the UGA law faculty, Smith was an assistant professor at the Ohio State University College of Law. He has also been a visiting professor at the University of Alabama, the University of Texas, Washington University School of Law, the University of Iowa, the University of Reading (England), the University of Regensburg (Germany), and the Instituto Tecnológico Autónomo de México (ITAM) in Mexico City.

    Robin P. Malloy

    Professor Malloy, the E.I. White Chair and Distinguished Professor of Law, and the Kauffman Professor of Entrepreneurship and Innovation, is a leading expert on real estate transactions and on law, markets, and marketization. His works on market theory and law have been translated into Chinese, Spanish, and Japanese. Among his published works are eight authored books and seven edited books as well as over 30 scholarly articles and numerous other papers. In addition, he is a series editor on collections for Cambridge University Press, Ashgate, and Edward Elgar. Malloy's casebook on real estate transactions (with Smith, now in its 4th edition) is one of the leading books on the subject and is used at law schools across the country. In addition to his work in the real estate, land use, and property law areas, Malloy is also a leading expert on the application of Charles S. Peirce's semiotics to the study of the relationship between law and market economy.

    Malloy has been a Sun Life Research Fellow at Oxford University, U.K.; a Dickenson Dees Fellow at University of Durham, U.K., and for three consecutive summers served as a teaching fellow in China (Beijing and Shanghai) with the Committee on Legal Education Exchange with China. He currently serves on the International Advisory Board for the Law and Economics Program at St. Gallens University, Switzerland, and is a member of the Workshops on Markets and Marketization at the University of Helsinki, Finland.

    Malloy is the founder and director of the Center on Property, Citizenship and Social Entrepreneurism at Syracuse, and is the founding President of the Association for Law, Property and Society ( He currently serves on the AALS Membership Review Committee, and formerly served as a member of the AALS Standing Committee on Research, and as Chair of each of the AALS Sections on Real Estate Transactions and Law & Humanities.

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