Real Estate
Can You Get a Refund of Estoppel Certificate Fees in a Cancelled Florida Real Estate Transaction?
Know Your Rights Under Florida Law When a real estate transaction in Florida falls through, it can be a frustrating and costly experience. One often-overlooked expense is the estoppel certificate fee. These fees, charged by homeowners’ associations (HOAs) to verify information about a property, can be substantial. But what happens to these fees if the…
Florida Hurricane Victims May Qualify for Property Tax Refunds Thanks to Florida Statutes § 197.319
Hurricane Milton was a devastating blow to our community, leaving many homeowners facing significant property damage and financial hardship. As we approach the 30-day mark since the storm, there’s some good news: property tax relief may be available for those whose homes were rendered uninhabitable. Florida Statute § 197.319 enables some homeowners to receive a…
You Wouldn’t Sit On a One-Legged Stool
Preventing Wire Fraud in Real Estate Closings, Three Legs at a Time. In today’s digital age, the convenience and speed of electronic transactions have revolutionized many industries, and the real estate closing and title industry is no exception. However, this convenience has also opened the door to a growing number of scams, particularly wire fraud.…
New Florida Law Aims to Keep Unsuspecting Buyers From Being Flooded by Loopholes
Florida is a state that is prone to flooding. This is due to a number of factors, including the state’s low-lying geography, its proximity to the Atlantic Ocean and the Gulf of Mexico, and its susceptibility to hurricanes. 2024 has definitely been one for the books, but it is likely to be a glimpse of…
FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of August 1, 2024
The Florida Realtors / Florida Bar (“FARBAR”) Residential Contract for Sale and Purchase and the “AS IS” Residential Contract for Sale and Purchase have been updated as of August 1, 2024. The new revised versions are identifiable by “6xx” and “Rev. 8/24” notations towards the lower left-hand corner of each contract. What Changed? The changes…
WeExpire.org: A 21st Century Message in a Bottle
Safeguarding Your Legacy, Beyond Wills, Trusts, and Deeds As a real estate attorney, I regularly witness the importance of safeguarding your property through the right paperwork and a comprehensive estate plan. However, a well-rounded and comprehensive estate plan can oftentimes extend beyond the four corners of a will or trust agreement. The digital age presents…
House Bill 621: Reclaiming Your Property Rights in Florida
Florida’s House Bill 621 (HB 621), which went into effect on July 1, 2024, has significantly impacted the state’s landlord-tenant landscape. This legislation, which created Florida Statutes § 82.036, addresses the growing issue of unauthorized occupants in rental properties, offering a streamlined process for eviction in specific situations. Expedited Eviction for Unwanted Tenants Prior to…
Curb Appeal or Curb Your Enthusiasm? Florida HB 1203’s Collision Course with the Contracts Clause
Florida’s House Bill 1203 (2024), which goes into effect on July 1, 2024, significantly impacts a slew of HOA laws. Despite its broad impact, in this post I’m going to focus on one particular aspect of the new legislation, which amends Florida Statutes § 720.3075 to address restrictions on homeowners parking work vehicles on their…
Document Preparation Fee? Not On My Watch.
Protecting Your Interests During Real Estate Closings The sale of Florida real estate signifies a significant financial transaction, often marking a new chapter for sellers. However, navigating the intricacies of closing costs can be a complex and potentially contentious process. It’s no secret that every transaction has closing costs, some of which are paid by…
Brave New World? Written Buyer Agreements in Florida Real Estate Transactions
The Industry Has Changed. We are now seeing the precise effects on the industry following the major National Association of Realtors lawsuit and settlement which I have previously written about. The first major change in the Florida real estate landscape is the creation and implementation of Buyer Agreements, which will soon be required when a…