David J. Winterton & Assoc., Ltd.

Real Estate

Interstate Land Sales Full Disclosure Act
In 1968, Congress enacted the Interstate Land Sales Full Disclosure Act, 15 U.S.C.S. § 1701 (1998). In enacting the law, it was Congress' purpose to eliminate fraud in interstate sales of land. Briefly stated, the law requires certain disclosures in connection with the sale of vacant land. Despite numerous challenges since its enactment, the Interstate Land Sales Full Disclosure Act has passed constitutional muster. More...
Eminent Domain/Condemnation
Eminent Domain is the right that a governmental entity has to take private property and to use it for public purposes. More...
Security Deposits
Very often, when a landlord and a tenant enter into a lease agreement, the landlord requires the tenant to make some type of payment to the landlord in addition to the first month's rent. The payment serves as security that the tenant will return the leased premises to the landlord, at the end of the lease term, in substantially the same condition as when the parties entered into the lease agreement. More...
Judgment Liens and Other Types of Liens against Real Property
Most agreements for the sale of real estate contain a clause that requires the seller to convey "marketable title" or "merchantable title" to the buyer. In essence, "marketable title" refers to a title free of encumbrances. A lien is an encumbrance upon real property, and the existence of a lien on real property renders the title unmarketable. More...
Fee Tail Estates
The fact scenario set forth above describes the creation of what is known as a "fee tail" estate. A fee tail estate is one that is restricted by the grantor to lineal descendants, as opposed to collateral heirs. More...

Areas of Practice

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