ERIC Number: ED284633
Record Type: Non-Journal
Publication Date: 1985
Pages: 64
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Liability of Landowners and Real Estate Brokers in Environmental Tort Actions. Teachers Instructional Packet, TIP No. 7, Fall 1985.
Texas A and M Univ., College Station. Texas Real Estate Research Center.
Part of a series of classroom aids designed for real estate instructors, this instructional packet was developed to help real estate students understand the landowners' and brokers' legal liabilities resulting from environmental pollution. First, an instructor's presentation, keyed to a series of overhead masters, is provided. Section I offers introductory comments. After a brief discussion of the environmental pollution tort, section II presents research findings related to the Texas courts' decisions on environmental suits; the concept of foreseeability, which indicates that the defendant knew or should have known about the pollution; the duty of care owed by the defendant (landowner/broker) to the plaintiff; determination of causation; and allowable damages. Section III looks at special legal concepts of the environmental tort, including the latency (hidden defect) factor, statutes of limitations, and joint and several liability. Section IV deals with the liability of successor landowners and real estate brokers, while section V suggests preventive steps that successor landowners or real estate brokers may take, such as use of disclaimers, title opinions and title insurance, contracts between predecessor and successor landowners, deciding not to buy or broker, and being aware of activities on or near the property. Finally, section VI offers conclusions. Extensive references to relevant court cases, 18 visuals keyed to the text, and an evaluation form conclude the document. (EJV)
Descriptors: Business Education, Court Litigation, Environmental Standards, Instructional Materials, Landlords, Legal Responsibility, Pollution, Postsecondary Education, Real Estate, Real Estate Occupations, State Legislation, Teaching Guides
Texas Real Estate Research Center, Texas A & M University, Blocker Bldg., College Station, TX 77843 ($2.00).
Publication Type: Guides - Classroom - Teacher
Education Level: N/A
Audience: Teachers; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: Texas A and M Univ., College Station. Texas Real Estate Research Center.
Identifiers - Location: Texas
Grant or Contract Numbers: N/A
Author Affiliations: N/A