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Initiative and Referendum

Initiative and referendum are two mechanisms by which the voters of a state can directly effectuate changes in the state law. Whether a particular state has an initiative process and/or a referendum process is determined by the constitution of the state.

"As is" Clauses in Residential Real Estate Contracts

Generally, a seller has a duty to disclose known material defects and to provide a good faith answer to questions about other defects. When preparing the residential real estate contract, the broker may insert a clause, stating that the buyer agrees to purchase the property "as is."

Accretion

The term "accretion" refers to the process by which an area of real property is increased due to the gradual deposit of soil from a boundary river, stream, lake, pond, or tidal waters. The legal implications that stem from accretion derive from ancient common law.

Security Deposits on Rented Premises

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.