Category Archives: Real Estate (Commercial And Residential)
How and Why Realtors Get Sued
Real estate agents and realtors play important roles in the closing process. But, as the saying goes, with power comes responsibility. And sometimes, real estate agents either don’t use that power correctly, or else, upset buyers or sellers will point the finger at real estate agents, leading to lawsuits. Why do real estate agents… Read More »
Make Sure You Understand Your Commercial Lease
Residential leases tend to be somewhat standard. Although they can differ from lease to lease, Florida statutes do regulate, to some extent, what landlords can and cannot do, and the burdens, duties and obligations of landlord and tenant. But commercial leases aren’t the same thing. Commercial leases are very much the “wild west” of… Read More »
Title Insurance: Do You Need It?
So it’s time to close on a home and you look at your closing statement, with everything you will have to pay at closing that adds to the price of the home, and you see a line item called title insurance. It looks like a decently sized expense. You ask if you can do… Read More »
Does a Seller Have a Right to Know Who the Buyer of Property Is?
If you’re buying property, you probably expect that both your broker, and the seller, may have to disclose certain things about the property that could affect your willingness to buy the property, or the price that you pay for that property or sell it for. But there’s one thing that you may not have… Read More »
The Basics of Florida’s Homestead Exemption Laws
Florida is unique in the nation as one of the few states that has an almost unlimited homestead exemption. In practical terms, this means that so long as your property meets the definition of a homestead, and you meet a few other requirements, a creditor cannot take your home. One caveat to this are… Read More »
Don’t Assume You Have Access to Land That You Purchase
Is it possible to buy land and then not have any way to get to it? Well, it is legally possible—and one couple here in Florida is now filing a lawsuit over this exact scenario. Lack of Access We tend to assume that if we buy property or land, the purchase includes the right… Read More »
New Realtor Rules and Paperwork Are Coming
One of the biggest complaints at real estate closings is all the paperwork that’s required to be signed. That is, by the way, one reason to have a closing attorney at your side—to help you navigate and understand what you are signing. But recent changes in laws, and specifically, a court settlement, will now… Read More »
Disclosures and Issues When Buying Property Subject to an HOA
Most sellers of homes know that they have to make certain disclosures to potential buyers, disclosures that may relate to the condition of the property. But many sellers—and even their agents—often overlook the requirement of disclosures of the homeowners association (HOA) restrictions on property to a buyer. HOA Disclosures In every real estate purchase… Read More »
What Happens When a Buyer or Seller Dies Before Closing?
When we think of things that could go sour when we are getting close to a real estate closing, we don’t think of death as being a possibility. But it can and does happen, that a buyer or a seller passes away, while property is under contract, but before the closing. Most real estate… Read More »
How and Why Are Quiet Title Lawsuits Used?
When it comes to real estate, whether residential or commercial, you assume that if you buy property, you automatically own it. But it’s not that simple. There is a complex process to make sure you own the property you purchased. And when things go wrong, and there is a dispute over ownership, there could… Read More »