Title 42 — Real Property.
57 chapters · 1,018 sections in this title.
D.C. Code § 42-1307 Scope of disclosure
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The specification of items for disclosure in this chapter does not limit or abridge any obligation for disclosure created by any other provision of statutory law regarding fraud, misrepresentation, or deceit in transfer transactions. If the transferor provides to the prospective …
D.C. Code § 42-1308 Amendment of disclosure
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Any disclosure made pursuant to this chapter may be amended in writing by the transferor, but the amendment is subject to the requirements of § 42-1302.
D.C. Code § 42-1309 Method of delivery
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Delivery of a disclosure statement required by this chapter shall be by personal delivery, facsimile delivery, or by registered mail to the prospective transferee. Execution by the transferor of a facsimile counterpart of the disclosure statement shall be considered to be executi…
D.C. Code § 42-1310 Failure to comply
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A transfer subject to this chapter shall not be invalidated solely because of the failure of any person to comply with any provisions of this chapter.
D.C. Code § 42-1311 Duty imposed on transferor only
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The duty to comply with this chapter is imposed on a transferor, and not on any real estate agent or real estate broker of a transferor. A real estate agent or real estate broker of a transferor shall not be liable for any error, inaccuracy or omission in any information delivere…
D.C. Code § 42-1401 Sale of life estate and contingent remainder in issue upon application of life tenant
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Where real estate is limited to 1 or more for life, with a contingent limitation over to such issue of 1 or more of the tenants for life as shall be living at the death of their parent or parents, and the deed or will does not prohibit a sale, said court may, on the application o…
D.C. Code § 42-1402 Application for sale by verified bill; contents; parties
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Any application for such sale shall be by bill, verified by the oath of the party or parties, in which all the facts shall be distinctly set forth upon the existence of which it is claimed that such sale should be decreed, which facts shall be proved by competent testimony. All o…
D.C. Code § 42-1403 Proceeds of sale held by court and treated as real estate
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The proceeds of sale of said real estate shall be held under the control and subject to the order of the court, and shall be invested under its order and supervision upon real and personal security, and the same shall, to all intents and purposes, be deemed real estate and stand …
D.C. Code § 42-1404 Sale of limited estate and future interest generally; court decree; binding effect thereof
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Wherever 1 or more persons shall be entitled to an estate for life or years, or a base or qualified fee simple, or any other limited or conditional estate in lands, and any other person or persons shall be entitled to a remainder or remainders, vested or contingent, or an interes…
D.C. Code § 42-1501 Legal estate in cestui que use; exception
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Where lands, tenements, or hereditaments are conveyed or devised to one person, whether for years or for a freehold estate, to the use of or in trust for another, no estate or interest, legal or equitable, shall vest in the trustee, but the person entitled, according to the true …
D.C. Code § 42-1502 Where several are jointly seized of lands to use of any so seized, latter deemed to have possession and seizin alone
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Where divers and many persons be, or hereafter shall happen to be jointly seized of and in any lands, tenements, rents, reversions, remainders, or other hereditaments, to the use, confidence, or trust of any of them that be so jointly seized, in every such case those person or pe…
D.C. Code § 42-1503 Effect of purchase for value without notice of trust; where express trust not declared in conveyance
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No implied or resulting trust shall be alleged or established to defeat or prejudice the title of a purchaser for a valuable consideration and without notice of such trust; and where an express trust is created, but is not contained or declared in the conveyance to the trustee, s…
D.C. Code § 42-1601 Writ of waste; lease forfeited for waste and lessee to pay treble damages
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A man from henceforth shall have a writ of waste in the chancery against him that holdeth by law, or otherwise for term of life, or for term of years; and he which shall be attainted of waste, shall lease the thing that he hath wasted, and moreover shall recompense thrice so much…
D.C. Code § 42-1602 Waste prohibited without written license; damages; amercement
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Fermors, during their terms, shall not make waste, sale or exile of house or woods, nor of anything belonging to the tenements, that they have to ferm, without special license had by writing of covenant, making mention that they may do it; which thing if they do, and thereof be c…
D.C. Code § 42-1603 Reversioner may maintain writ of waste although tenant’s interest assigned to another; applicability of provisions
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Because that diverse people in times past have let their lands and tenements to divers persons, that is to say, some for term of life or of another man’s life, and some for term of years, the said tenants have oftentimes let and granted their estate which they had in the same lan…
D.C. Code § 42-1604 Joint tenant or tenant in common against cotenant
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Any joint tenant or tenant in common may maintain an action for waste committed by his cotenant, or in a suit for a partition, or a sale for purpose of partition may have said waste charged against the share of the cotenant committing the same.
D.C. Code § 42-1701 Purposes
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The purposes of this subchapter are to protect the public against incompetence, fraud and deception in real estate transactions; to establish a Real Estate Guaranty and Educational Fund to compensate victims of unlawful real estate practices; and for other purposes.
D.C. Code § 42-1702 Definitions
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For purposes of this subchapter: (1) The term “advance fee” means any fee, commission, or other valuable consideration contracted for, claimed, demanded, charged, received, or collected prior to the listing, advertisement, or offer to sell or lease real estate, paid or offered to…
D.C. Code § 42-1703 Duties of real estate brokers, salespersons, and property managers
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(1) A licensee engaged by a seller shall: (A) Perform in accordance with the terms of the brokerage relationship; (B) Promote the interests of the seller by: (i) Seeking a sale at the price and terms agreed upon in the brokerage relationship or at a price and terms acceptable to …
D.C. Code § 42-1704 Escrow accounts
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(a) In any real estate transaction in which any person is entrusted, receives, and accepts, or otherwise holds or deposits monies or other trust instruments, of whatever kind or nature, pending consummation or termination of the transaction involved, whether or not the person is …
D.C. Code § 42-1705 Written listing contract required
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A written listing contract is required in the District for the sale of all real property. A licensee shall not receive payment of a commission in the absence of a written listing agreement.
D.C. Code § 42-1706 Establishment of Real Estate Guaranty and Education Fund; Mayor to determine sum for deposit into Fund
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(a) There is established a Real Estate Guaranty and Education Fund (“Fund”). (b) Except as provided in § 42-1707(k), on or after March 10, 1983, every real estate broker, real estate salesperson and property manager licensed under this subchapter shall, as a condition for renewin…
D.C. Code § 42-1707 Applications for payments from Fund; maximum payment; management of Fund
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(a) Any person who: (1) obtains a final judgment, including a settlement reduced to a final judgment, in any court of competent jurisdiction in the District against any other person on the grounds of fraud, misrepresentation, deceit, embezzlement, false pretenses, forgery, failur…
D.C. Code § 42-1708 Additional criminal penalties
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(a) Any person who knowingly files with the Mayor any application, notice, or other document required to be filed under this subchapter or any rule issued thereunder, which is false or fraudulent or contains any material misstatement of fact, shall, upon conviction, be punished b…
D.C. Code § 42-1709 Savings clause
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(a) The repeal of any provision of §§ 42-1721 to 42-1738 [repealed], or any rule issued pursuant to this subchapter, shall not affect any act done, or any right accruing or accrued on any liability arising, or any suit or proceeding had or commenced in any civil cause under §§ 42…
D.C. Code § 42-1721 Acting as broker or salesman without license unlawful
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Repealed Repealed.
D.C. Code § 42-1722 Definitions --exceptions to license requirements
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Repealed Repealed.
D.C. Code § 42-1723 Real Estate Commission; creation; membership; seal; records; compensation
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Repealed Repealed.
D.C. Code § 42-1724 Qualifications for license
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Repealed Repealed.
D.C. Code § 42-1725 Application for license
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Repealed Repealed.
D.C. Code § 42-1726 Procedure when license refused
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Repealed Repealed.
D.C. Code § 42-1727 Details relating to license
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Repealed Repealed.
D.C. Code § 42-1728 Suspension or revocation of license
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Repealed Repealed.
D.C. Code § 42-1729 Hearing before suspension
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Repealed Repealed.
D.C. Code § 42-1730 Provisions applicable to nonresident brokers and salesmen
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Repealed Repealed.
D.C. Code § 42-1731 Powers to obtain evidence
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Repealed Repealed.
D.C. Code § 42-1732 Further exemptions
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Repealed Repealed.
D.C. Code § 42-1733 List of licensees to be published
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Repealed Repealed.
D.C. Code § 42-1734 Fraudulent transfers or loans
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Repealed Repealed.
D.C. Code § 42-1735 License revoked on conviction of crime
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Repealed Repealed.
D.C. Code § 42-1736 Penalties; prosecutions
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Repealed Repealed.
D.C. Code § 42-1737 Bond required for renewal of licenses
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Repealed Repealed.
D.C. Code § 42-1738 Separability
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Repealed Repealed.
D.C. Code § 42-1739 Real Estate Commission of the District of Columbia
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Repealed Repealed.
D.C. Code § 42-1740 Powers and duties of Mayor; evidentiary use of copies of Commission documents; record of Commission proceedings
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Repealed Repealed.
D.C. Code § 42-1741 Fees
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Repealed Repealed.
D.C. Code § 42-1742 Licensure of real estate brokers, real estate salespersons, and property managers
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Repealed Repealed.
D.C. Code § 42-1743 Qualifications for licensure
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Repealed Repealed.
D.C. Code § 42-1744 Status of person previously licensed
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Repealed Repealed.
D.C. Code § 42-1745 Licensure required for property managers
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Repealed Repealed.