EMS 3521 Real Estate Law I


EMS 3521 Real Estate Law I

Responsible for the course
Tore Bråthen

Department of Accounting - Auditing and Law

According to study plan

ECTS Credits

Language of instruction

The students will acquire knowledge about the legal regulation of the real estate business.

Learning outcome
Acquired knowledge
The aim of the course Real Estate Law I is to give students an understanding of the legal rules that determine the regulatory framework for real estate agents. They will gain knowledge about contract law and the rules of law regulating the legal relations between the seller and buyer of real estate when the contract is entered into through a real estate agent.

The students shall have an adequate understanding of the topics that are covered by the discipline. The terms knowledge, in-depth insight and understanding indicate which specialist level is required. The most extensive knowledge is required when the term understanding is used.

Acquired skills
The aim of the course Real Estate Law I is that the students within the regulatory framework for practicing the real estate profession shall be able to handle tasks in a real estate agency associated with contract signing between the seller and buyer of real estate, property leases, as well as an understanding of statutory requirements for marketing of real estate agencies and real estate.

In order to be able to practice their tasks in a manner that safeguards the interests involved in a property transaction, a real estate agent must have an appropriate ethical reflection and attitude as well as professional knowledge within the legal topics discussed in the course.

JUR 3430 Business Law or JUR 3420 Marketing Law.

Compulsory reading
Bergsåker, Trygve. 2003. Kjøp av fast eiendom : med kommentarer til avhendingsloven. 4. utg. T. Bergsåker : I samarbeid med Norges eiendomsmeglerforbund
Bergsåker, Trygve. 2009. Eiendomshandel gjennom megler : avtaleinngåelse og avtalebrudd. 3. utg. Gyldendal akademisk
Langfeldt, Sverre F. og Tore Bråthen. Lov og rett for næringslivet. Siste utg. Universitetsforlaget : Focus forlag. Kap 1, kap. 16.
Rosén, Karl og Dag Henden. 2008. Eiendomsmegling : rettslige spørsmål. 2. utg. Gyldendal akademisk

Recommended reading

Course outline
1. Introduction to law
This will include a review of the legal topics in the programme, legal method, the structure of the court system, the importance of practice of the complaints committee, directives from the Financial Supervisory Authority of Norway.
Compulsory literature: Langfeldt, Sverre F. and Tore Bråthen. Lov og rett for næringslivet. Oslo: Focus Forlag and Universitetsforlaget. Latest ed. Ch. 1.

2. Real estate law
Legal rules on the practice of the real estate profession, including the new Estate Agency Act, regulation of real estate agencies, rules on marketing and ethical rules.
Mandatory literature: Dag Torstensen and Karl Rosén: Eiendomsmegling – rettslige spørsmål, Gyldendal Akademisk 2nd ed. Oslo 2008.

3. Law of property rights and obligations
Basic principles for contract signing and the sources of law situation in contract law. Legal issues associated with contract formation through a real estate agent, including proxies and bidding.
Relevant rules in the law on disposal of real property.
Compulsory literature: Bergsåker, Trygve. 2009. Eiendomshandel gjennom megler: avtaleinngåelse og avtalebrudd. 3rd ed. Oslo: Gyldendal Akademisk.
Bergsåker, Trygve. 2003. Kjøp av fast eiendom: Med kommentarer til avhendingsloven. 4th ed. Oslo: T. Bergsåker.
Langfeldt, Sverre F. og Tore Bråthen. Lov og rett for næringslivet. Oslo: Focus Forlag og Universitetsforlaget. Siste utg. Kap 5

4. Government and administrative law
Basic rules on the organization of the government, the county authorities and municipal authorities. The administration act rules on handling administrative cases and the open files act rules on free access to information.
Compulsory literature:
Langfeldt, Sverre F and Tore Bråthen. Lov og rett for næringslivet. Oslo: Focus Forlag and Universitetsforlaget. Latest ed. Ch. 16.

Computer-based tools
Computer-based tools are not required in this course.

Learning process and workload
The course consists of 45 lecture hours covering the various topics in the syllabus. The lecture plan gives a detailed description of the topics covered.

As part of the teaching programme the students are divided into small discussion groups and will work on assignments associated with each topic. The assignments will be discussed and reviewed in class after the discussion group work. The lecture form of teaching requires that the students before each lecture have studied the syllabus and the rules of law for the topic in question. The students are required to bring the code of laws and other study aids to the lectures and become familiar with them while studying the various topics. Parts of the syllabus must be studied through self-tuition.

Coursework requirements
One mandatory hand-in assignment is set in the course, and will be graded by the lecturer or another qualified person.

Recommended workload in hours
Participation in lectures
Discussion group work supervised by the lecturer
Preparations for lectures
Self-tuition / reading syllabus
Work on assignments
Total recommended use of hours

    Coursework requirements
    The hand-in assignment must be completed and approved before the student can sit for the exam.

    A five-hour individual written exam completes the course.

    Examination code(s)
    EMS 35211 Written exam which accounts for 100 % of the grade in the course.

    Examination support materials
    The Norwegian code of laws or another printed compilation of laws, reprints of laws and regulations, law texts, draft laws (the text only). Ethical rules for the Norwegian Real Estate Association. NEF handbook. The students are required to acquire and use the latest editions of relevant laws and regulations.
    Exam aids at written examinations are explained under exam information in our web-based Student handbook. Please note use of calculator and dictionary. http://www.bi.edu/studenthandbook/examaids

    Re-sit examination
    A re-sit examination is held every semester.
    Students that have not got approved the coursework requirements must re-take the assignment during the next scheduled course.
    Students that have not passed the written examination or who wish to improve their grade must re-take the examination in connection with the next scheduled examination the next autumn.

    Additional information