Definition of "Statute"

The term statute is a written law that is adopted by a legislative body from the country, federal, state, county, or city level. The statute definition can be a legislative written decree (rule) stipulating prescribed action and conduct designed to be in the public's best interest. Laws may cover civil and criminal matters. Statutes can command, prohibit actions, set governmental mechanisms to help society, or declare policies that courts in specific situations then apply. 

What is a Statute?

The statute meaning is the development and elevation of a bill from a simple proposal to law. Before a statute is adopted, a legislator has to propose or sponsor a bill. Once the bill is approved by both houses of the legislature, it is signed by the president (federal) or governor (state) and becomes law. After a bill becomes law, the provisions within that law are called statutes. These are applied to the general public and must be adhered to under criminal and civil matters. This situation can be seen in what is happening with the proposal for Washington D.C. to become the 51st State.

Courts can impact statutes by creating laws that reverse the effect of that statute. If this happens, the court’s decision can be reversed by that court itself, by a higher court, or when another state or federal statute is passed overriding that decision. Courts also interpret the language of statutes as they are written in broad terms, based on the case they are judging. This can be done when the statute is too ambiguous, and courts have to interpret the context, grammar, and dictionary definitions of the words and phrases in the statutes.

Statute in Real Estate

Real estate transactions are ruled by federal, state, and local statutes and common law like any other transactions. State laws aren’t the same, and contracts used in the real estate industry, whether they are for purchasing a property, establishing a listing agreement between a seller and a real estate agent, follow these statutes and laws. State laws govern real estate agents and brokers. Still, the Federal Fair Housing Act prohibits real estate agents from discriminating based on race, color, religion, sex, or national origin in any real estate transaction.

Another example would be, the obligation for real estate property contracts to be in writing comes from the Statute of Frauds. Also, states impose special laws for an inheritance for real estate, meaning that in this case, the state is again the executive power responsible for the statutes that evolved in that law.

For more information, we suggest that you contact a real estate attorney or lawyer.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

A narrow passageway between buildings providing secondary rear access. ...

The definition of alienation clause is the transfer or sale of a particular property or asset that can be applied once the owner has no more financial obligations to said property or asset. ...

An insurance company or underwriter. An insurance policy is a legal instrument assuming the risk of loss for stated perils to real property in exchange for insurance premiums paid. ...

The definition of alienation in real estate stands for the legal action that is done voluntarily by an owner to dispose of their property. It also encompasses a property’s right to be ...

Local zoning law or private limitation on how far in feet a structure might be situated from the curb or other appropriate marker. ...

Upper layer of ground. ...

Nineteenth-century style home architecture featuring three dimensional ornamentation, made by hand using a chisel and gouge. ...

The clear, open and active occupancy of real estate. For example, notorious possession is one of the tests for adverse possession. ...

In a principal gent transaction or contract where a third party knows the name of the principal the agent represents. This is a typical setting in real estate situations. In this ...

Popular Real Estate Questions