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

Appearing in person. In propria personal is a formal judicial request to appear personally before the court to plead a particular matter. While it does not prevent an individual from ...

Lien on a given property, such as an person's house as a collateral for a loan. ...

Legal document that conveys real estate to the lender after the borrower defaults on his or her mortgage payments. The borrower should demand cancellation of the unpaid balance and a ...

The direction in which a community is growing. Directional growth is measured over time, and its path strongly influences current and future market values of those properties clearly in ...

federal law protecting someone in active service from bank foreclosure of their property that was bought before entering the armed services. ...

Credit note which a lender's only security is the borrower's personal financial situation and credit history. ...

This situation applied in some states when death prevents the seller of property, who has signed a real estate sale agreement, from completing the sale. In this situation , equitable ...

An insurance policy indemnifying a property owner up to the limits of the policy against fire or other hazard requiring the total destruction and removal of the structure. ...

A court order issued to a defendant in an action either prohibiting or commanding the performance of a defined act. A violation of an injunction could lead to a contempt of court citation. ...

Popular Real Estate Questions