Syllabus Spring 2023 Graduate

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Florida International University *

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6435

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Civil Engineering

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Jan 9, 2024

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12

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Syllabus REE6435 Real Estate Law Spring 2023 General Information Professor Information Instructor Prof. Suzanne Hollander, Esq. Office 1101 Brickell E-Mail sshollan@fiu.edu Office Hours By Appointment Website Professor Biography Course Time Zone | Eastern Time (Miami/ET). Course due dates are according to this time zone. Course Description and Purpose This course focuses on the practical ways that law impacts real estate and the exercise of property rights. The course begins with a survey of the legal documents and political thought that are foundations of property rights in the United States of America, underly and guide the enforcement of these rights through the judiciary, executive and legislative branches of U.S. government. It then discusses government limitations placed on property rights including Federal, state and municipal limitations as well as private limitations agreed to by contract. In addition to the assigned texts, required readings include selections from the U.S. Constitution, statutes, U.S. Supreme Court cases, contracts, leases, precedent setting legal decisions, newspaper, journal articles and other real estate documents related to U.S. property and property internationally. Each session is planned to involve concepts touching upon ethics in real estate transactions, allocation of property rights, professionalism in real estate negotiations and real estate law, how to use technology to give property rights legal transparency and legal property rights internationally. Reading real estate documents and cases is essential to this course. They are often long. We will read law and cases, we will role play the participants in the cases and deals such as the lawyer, plaintiff, defendant, judge, landlord, tenant, borrower, lender and discuss the current present day implication of these laws and documents. Through this course, you will learn that knowing the law of real estate and resources for legal real estate informationare integral to understanding the world of real estate. Throughout the course, we will examine and discuss real world contemporary examples of real estate law.
Course Objectives At the end of this course, students will be able to: 1. Apply an analytical framework to assess value, risk and reward when buying property in various jurisdictions 2. Select legal terminology when talking about real estate 3. Describe legal foundations of property rights in the U.S., and how these foundations maintain property values and rights - attracting foreign investment 4. Explain the U.S. government’s ability to protect and limit property rights 5. Explain rights/limitations to enter into contracts regarding property 6. Explain the legal interests of various parties to property and how the law upholds these rights 7. Explain important U.S. legal decisions and their impact on property rights today 8. Analyze documents that relate to real property 9. Identify and learn how to use technology resources to find law and information about real estate 10. Analyze and read legal documents 11. Discuss standards of judicial interpretation and how they impact property rights 12. Compare and contrast U.S. property rights and legal protections against other countries’ property rights and legal protections Major & Curriculum Objectives Targeted Students will obtain a practical understanding of real estate law. They will begin to understand legal documents, cases and laws related to real estate transactions through applied assignments and exams. Teaching Methodology The teaching methodology of this course is to apply the lessons learned from the readings to contemporary examples of property rights both their use and limitation. Throughout a wide variety of applications, including but not limited to, lectures, interactive assignments using technology, written assignments, contemporary examples of property rights in the U.S. and internationally, media including films, print, articles regarding real estate and property rights; students will gain an applied perspective of real estate law. Assurance of Learning The College of Business cares about the quality of your education. Read more on the College's commitment to Assurance of Learning . Panthers Protecting Panthers (P3) - Personal Responsibility At the core of the FIU repopulation plan is the health and welfare of our students, our employees and all of those who step foot on our campus. These are the goals of the Panthers Protecting Panthers (P3) program. Every student participating in any FIU Business in-person class does so with the implicit agreement that they fully comply with the guidelines of P3, taking personal responsibility for protecting themselves and others in the community. Professors will not be responsible for enforcing social distancing or face covering policies, and they will maintain the right to ask a non-compliant student to leave a particular class and report the non- compliant behavior to the Office of Student Conduct. Faculty also have the right to end a class session any time they feel unsafe due to students not following established classroom health and safety protocols. We appreciate your partnership in keeping a safe learning and teaching environment for all.
IMPORTANT INFORMATION Policies Please review the FIU's Policies and Netiquette webpage. The policies webpage contains essential information regarding guidelines relevant to all courses at FIU, as well as additional information about acceptable netiquette for online courses. As a member of the FIU community you are expected to be knowledgeable about the behavioral expectations set forth in the FIU Student Code of Conduct . Technical Requirements and Skills One of the greatest barriers to taking an online course or a course that has online components like this one does is a lack of basic computer literacy. By computer literacy we mean being able to manage and organize computer files efficiently, and learning to use your computer's operating system and software quickly and easily. Keep in mind that this is not a computer literacy course; but students enrolled in online courses are expected to have moderate proficiency using a computer. Please go to the " What's Required " page to find out more information on this subject. Proficiency with using Canvas and Turnitin is necessary for this course. The weekly assignments must be submitted via Canvas. If you have questions about Canvas do not contact your Professor – Please contact Support Services , 305-348-3630 . All students must learn how to submit assignments into Canvas. Review the detailed instructions below: How do I submit an online assignment? How do I know when my assignment has been submitted? How do I know when my instructor has graded my assignment? How do I view assignment comments from my instructor? Privacy Policy Statements for Partners and Vendors Canvas Microsoft Google ProctorU HonorLock Turnitin NBC Learn Respondus LockDown Browser Please visit our Technical Requirements webpage for additional information. Accessibility and Accommodation The Disability Resource Center collaborates with students, faculty, staff, and community members to create diverse learning environments that are usable, equitable, inclusive and sustainable. The DRC provides FIU students with disabilities the necessary support to successfully complete their education and participate in activities available to all students. If you have a diagnosed disability and plan to utilize academic accommodations, please contact the Center at 305-348-3532 or visit them at the Graham Center GC 190. Obtain more detailed information about the specific limitations with the technologies used in this course. For additional assistance please contact our Disability Resource Center . Web Accessibility Statements for Partners and Vendors Canvas Microsoft
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Adobe Google ProctorU HonorLock OpenStax Please visit our ADA Compliance webpage for additional information about accessibility involving the tools used in this course. Academic Misconduct Statement Florida International University is a community dedicated to generating and imparting knowledge through excellent teaching and research, the rigorous and respectful exchange of ideas and community service. All students should respect the right of others to have an equitable opportunity to learn and honestly to demonstrate the quality of their learning. Therefore, all students are expected to adhere to a standard of academic conduct, which demonstrates respect for themselves, their fellow students, and the educational mission of the University. All students are deemed by the University to understand that if they are found responsible for academic misconduct, they will be subject to the Academic Misconduct procedures and sanctions, as outlined in the Student Handbook. Academic Misconduct includes: Cheating – The unauthorized use of books, notes, aids, electronic sources; or assistance from another person with respect to examinations, course assignments, field service reports, class recitations; or the unauthorized possession of examination papers or course materials, whether originally authorized or not. Plagiarism – The use and appropriation of another’s work without any indication of the source and the representation of such work as the student’s own. Any student who fails to give credit for ideas, expressions or materials taken from another source, including internet sources, is responsible for plagiarism. Learn more about the academic integrity policies and procedures as well as student resources that can help you prepare for a successful semester. Statement of Understanding between Professor and Student Every student must respect the right of all to have an equitable opportunity to learn and honestly demonstrate the quality of their learning. Therefore, all students must adhere to a standard of academic conduct, demonstrating respect for themselves, their fellow students, and the educational mission of the University. As a student in the College of Business taking this class: I will not represent someone else's work as my own I will not cheat, nor will I aid in another's cheating Course Prerequisites There are no prerequisites for this course. Review more information about prerequisites in the course catalog . Panthers Care & Counseling and Psychological Services (CAPS) If you are looking for help for yourself or a fellow classmate, Panthers Care encourages you to express any concerns you may come across as it relates to any personal behavior concerns or worries you have, for the classmate’s well-being or yours; you are encouraged to share your concerns with FIU’s Panthers Care website. Counseling and Psychological Services (CAPS) offers free and confidential help for anxiety, depression, stress, and other concerns that life brings. Professional counselors are available for same-day appointments. Don’t wait to call 305-348-2277 to set up a time to talk or visit the online self-help portal.
Proctored Exam Policy There are no on-campus, proctored exams; all exams are administered fully online. Textbook and Required Readings – Book 1 is required – Book 2 or 3 are optional – The text books should be viewed a supplemental to the course and the mandatory required readings posted in Canvas. - T Title: 1. Real Estate Principles: A Value Approach Authors: Wayne Archer, David Ling Publisher: McGraw-Hill Education, Feb-2017 Publish Date: Feb-2017 ISBN 10: ISBN-10: 0077836367 ISBN 13: ISBN-13: 0077836367 Purchase/Rent at FIU Bookstore All editions, 2012 - You may use any edition. This text is required. Title: 2. Florida Real Estate Principles, Practices & Law "Florida Text" Authors: Linda Crawford Publisher: Dec-2015 Publish Date: Dec-2015 ISBN 10: ISBN-10: 1475445660 ISBN 13: ISBN-13: 1475445660 Purchase/Rent at FIU Bookstore
You may choose this text or Florida Real Estate Sales Pre-Licensing Course Companion (see below). You may use any edition of this text. This is recommended if you plan to own property or work in real estate in Florida. Title: 3. Florida Real Estate Sales Pre-Licensing Course Companion "Florida Text" Authors: Pamela Kemper Publisher: CreateSpace Independent Publishing Platform , May-2018 Publish Date: May-2018 ISBN 10: ISBN-10: 1719368538 ISBN 13: ISBN-13: 1719368538 Purchase/Rent at FIU Bookstore You may choose this text or Florida Real Estate Principles, Practices & Law (The “Florida Text”) (see above). You may use any edition of this text. Title: 4. Readings in Canvas and/or Sent by Email Required Readings are posted in Canvas and/or will be sent by email the readings include statutes, case law, articles, contracts, leases, relevant online legal and real estate websites complimented by relevant sections of the Ling & Archer and Florida text, etc. These readings are mandatory and required to be read. Especially in a law course it is important to complete the assigned readings. Expectations of this Course This is an in person course that uses online components. The course resources, reading and recordings are on line. Students are expected to: Read the Syllabus Review the how to get started information located in the course content. Take the practice quiz to ensure that your computer is compatible with Canvas. Interact with instructor/s and peers. Interact with your Group to Answer the Weekly Study Guide Questions Review and follow the course calendar and complete the readings. Attend sessions or watch the entire recorded lectures and or resources weekly Respond to emails/messages within 2 business days. Submit Mid Term and Final by corresponding deadline. No late work will be accepted, and no make-up quizzes/exams will not be allowed. Take notes on the information during the session The instructor will: Log in to the course 3 times per week.
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Respond to emails within 2 business days. Students are expected to pace their learning according to the posted course assignments. It is expected that interactive learning and teaching will enrich the learning experience of all students, and that each student will work in partnership with the professor to create a positive learning experience for all. Student engagement is a necessary condition for an effective learning experience and includes contributions to debate and discussion (if any), positive interactive learning with others and especially your group, and an enthusiastic attitude towards inquiry. Everyone is expected to be a positive contributor to the class learning community, and students are expected to share the responsibility of teaching each other. Religious Holidays The University's policy on religious holy days as stated in the University Catalog and Student Handbook will be followed in this class. Any student may request to be excused from class to observe a religious holy day of his or her faith. COURSE DETAIL Course Communication Communication in this course will take place via the Canvas Inbox. Check out the Canvas Conversations Tutorial or Canvas Guide to learn how to communicate with your instructor and peers using Announcements, Discussions, and the Inbox. I will respond to all correspondences within 48 business hours. Communication in this course will take place via Canvas and email. E-mails will be answered within 48 hours (excluding holidays and weekends), probably sooner. The Email feature is an external communication tool that allows users to send emails to users enrolled within the course including the instructor and other students. Emails are sent to the students' FIU email on record. Please make sure that your notification for messages is turned on in Canvas. Visit our writing resources page for more information on professional writing and technical communication skills. Please note : I am your professor, we discuss the law and legal terms generally. Each legal case is determined on its facts. We do not have an attorney-client relationship and I am not giving specific legal advice to be relied upon in individual cases. For specific legal advice, please engage your own attorney. Lectures This course is offered in person and fully online. The in person course sessions are the dates in the Course calendar and the sesssions are recorded. It is highly recommended to students to either watch the live stream of these lectures or watch the recordings which are available the day after the weekly meeting. The live stream and recording links are available in Canvas (duplicated in each module). Assessments In order to mitigate any issues with your computer and online assessments, it is very important that you take the "Practice Quiz" from each computer you will be using to take your graded quizzes and exams. It is your responsibility to make sure your computer meets the minimum hardware requirements . All assessments will auto-submit when (1) the timer runs out OR (2) the closing date/time is reached, whichever happens first. For example, if a quiz has a closing time of 5:00 pm but the student begins the exam at 4:55 pm, the student will only have 5 minutes to complete the quiz.
Assessments in this course are not compatible with mobile devices and should not be taken through a mobile phone or a tablet. If you need further assistance please contact FIU Canvas Help Team . Mid Term Exam The Mid Term is comprised of questions selected from the Weekly Lecture Guide (discussed below). The Mid Term is an open book exam, requiring students to utilize and apply the readings to answer the questions. To earn full credit Mid Term submissions must follow the Mid Term Instructions and specifically reference portions of the text of assigned readings to support the Midterm answers. The Mid Term is a group project. It is your responsibility to join a group, recommended group size is 5-6 students, if you are unable to join a group please notify the Professor by the 2 nd class as group study is a component of this course. All of your group members must be in your cohort – meaning Face to Face students must be in a group with Face to Face students and Online Students must be in a group with Online students. You will be with the same group members for the duration of this course and for both your Mid Term and Final Exams. The Midterm will be posted in Canvas Wednesday March 22, 2023 at 10:00am and due on Tuesday March 28, 2022 by 10:00PM Eastern Standard Time. Instructions to Submit Mid Term Exam: 1. Submit the Mid Term via Canvas – Instructions to Submit will be included in the Course 2. List each group Members’ name in the Word Document 3. Submit the Mid Term prior to March 28, 2023 by 10:00pm. No late Mid Terms will be accepted. Final Exam The Final exam is comprised of questions selected from the Weekly Lecture Guide. The Final Exam is an open book exam, requiring students to utilize and apply the readings to answer the questions. To earn full credit Final Exam submissions must follow the Final Exam Instructions and specifically reference portions of the text of assigned readings to support the Final Exam answers . The Final Exam is a group project, you remain in the same group as your Mid Term group, to submit your Final Exam. The Final exam will be posted in Canvas on Wednesday April 19, 2023 at 10:00am and due on Tuesday April 25, 2023 at 10:00pm. No late Finals will be accepted . Submit the Final to the Professor via an email with each group member copied on the email. No late Finals will be accepted. Instructions to Submit Final Exam: 1. Submit the Final in Canvas in a Word document titled Final 2. List each group Members’ name in the Word Document 3. Submit the Final by Tuesday April 25, 2023 at 10:00pm. No late Finals will be accepted. Assignments Lecture Guide Critical Thinking Real Estate Law Concepts Weekly Lecture Guide Critical Thinking Real Estate Law Concepts (Lecture Guides) are provided to engage and encourage critical thought when completing the weekly readings and participating and or watching the content. These answers require essays that specifically refer to portions of the text of assigned readings .
The questions in the lecture guide are experiential learning and require students to deeply think about and apply the lessons they are learning from the course and apply to real life real estate law situations. Students learn the most from this course if they answer these questions during the study of the weekly topic. There is no submission for this assignment but completing these will help students actively participate, identify and spot and retain important concepts during the lecture. Completing these questions and discussing them weekly with your group will help you with the Mid Term and Final as the questions on the Mid Term and Final will be comprised of a portion of the questions in the Lecture Guide. The Mid Term and Final exams will be very difficult to complete if you do not spend time working in your group on answers to the questions in the Weekly Study Guides. Note : All time periods are in Eastern Time (ET). Please refer to the Course Calendar below for specific due dates. Grading Late Assignment Submission Policy Late assignments will not be accepted. Course Requirements Weight Mid Term 45% Final Exam 55% Total 100% Letter Range (%) Letter Range (%) Letter Range (%) A 95 - 100 B 83 - 86 C 70 - 76 A- 90 - 94 B- 80 - 82 D 60 - 69
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Letter Range (%) Letter Range (%) Letter Range (%) B+ 87 - 89 C+ 77 - 79 F 0 - 59 COURSE CALENDAR Weekly Schedule Late Assignment Submission Policy Late assignments will not be accepted. Note: All time periods are in Eastern Time (ET). *Page may vary by book edition. Please look in the index for corresponding topic. *Please only read the reading for the next session, please do not read ahead. *Topics are subject to change and the Professor will provide notice if the subject of a date changes Date Topic Tasks Week 1 March 7 U.S. Property Law Foundations Ling and Archer Textbook: Chapters 1 and 2 All Readings in Canvas and Emailed Prior to the First Class: U.S. Constitution - only Preamble, (ii)Amendment 5 and (iii) Amendment 14 John Locke - 2nd Treatise, On Property - Selection emailed to you and posted in Canvas. The Bible - Genesis (Only Selected Excerpt) Tuesday 3/7/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide - Resource to Correspond with Recording and Readings Due Tuesday 3/14/23 Review Module 0: Getting Started Review Course and Syllabus Introduce Yourself post Practice Quiz Academic Honesty Policy Quiz Review Resources Student Information Page Week 2 March 14 Zoning Ling and Archer Text: Read section on Zoning and Planning Florida Text Read section on Planning and Zoning All Mandatory Readings in Canvas, including, but not limited Tuesday 3/14/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide - Resource to Correspond with Recording and Readings
Date Topic Tasks to: Susette Kelo v. City of New London, 545 U.S. 469 (2005) Village of Euclid Ohio v. Ambler Realty , 272 US 365 (1926) Websites/Tecnology: Miami 21 – Applied Zoning and Mapping Technology App Muni Code Week 3 March 21 Condominiums Legal Structures, Rules, Regulations Ling & Archer Text: Sections on Condominiums in both books, All Mandatory Readings in Canvas, including, but not limited to: Condominium Declaration, Bylaws, Articles of Incorporation, Florida Statute 718 Discussion of Ethics underlying Surfside Tragedy Tuesday 3/21/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide - Resource to Correspond to Recording and Readings Mid Term Posted March 22 10:00am EST Week 4 March 28 Distressed Purchases, Foreclosure, Shortsale, Note Purchase, REO and Mortgage Both Books – Sections on Distress Property, Foreclosure, Shortsale, REO, Promissory Notes and Mortgage All Mandatory Readings in Canvas, Wednesday 4/4/22 5:30 pm - 10:000 pm: Watch The Big Short film Lecture Guide Resource to Correspond to Film and Readings Mid Term Due March 22, 10:00pm EST
Date Topic Tasks Week 5 April 4 Mortgages Both Texts: Sections on Mortgages All Mandatory Readings in Canvas Tuesday 4/11/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide Resource Corresponds with Recording and Readings Week 6 April 11 Commercial Leasing – Focus on Green Leasing Sections on Commercial Leases All Mandatory Readings in Canvas including Lease and Lease clauses Tuesday 4/18/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide Resource to Corresponds with Recording and Readings Week 7 April 18 Commercial Leasing – Focus on Green Leasing Sections on Commercial Leases All Mandatory Readings in Canvas including Lease and Lease clauses Tuesday 4/18/23 5:30 pm - 10:00 pm: Watch recording or attend live session Lecture Guide Resource to Corresponds with Recording and Readings Final Exam Posted 4/19/23 Due Monday 4/19/23 10:00am: SPOTS Course Evaluation Week 8 April 25 Final Exam Due Tuesday 4/25/23 10:00pm Final Exam Due Final Exam Due by 10:00pm
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