Little GTO, Big Compliance: The Recent Expansion of Geographic Targeting Orders in Florida Real Estate Transactions

The ever-evolving landscape of Florida’s real estate market is marked by both significant growth and heightened vigilance against potential financial irregularities. Amidst this dynamic environment, the recent expansion of Geographic Targeting Orders (GTOs) has garnered attention, particularly for practitioners such as myself, whose practice primarily focuses on Sarasota and Manatee Counties. What is a GTO?Continue reading “Little GTO, Big Compliance: The Recent Expansion of Geographic Targeting Orders in Florida Real Estate Transactions”

Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry

Yes… with a “B” On October 31, 2023, a federal jury in Missouri returned a verdict finding the National Association of Realtors (NAR) and several large brokerages liable for antitrust violations in a class-action lawsuit filed by home sellers. The case is Burnett et al v. The National Association of Realtors et al, U.S. DistrictContinue reading “Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry”

The Force Is Strong With This One: Force Majeure Clauses in FAR/BAR Real Estate Contracts

What is a Force Majeure Clause? A force majeure (pronounced “forss ma-zhoor”) clause is a provision in a contract that allows one or both parties to excuse (or sometimes delay) their performance obligations if circumstances beyond their control arise. These circumstances are typically called “force majeure events.” Force majeure clauses are common in all typesContinue reading “The Force Is Strong With This One: Force Majeure Clauses in FAR/BAR Real Estate Contracts”

If They Build It, You Will Come

So, you want to buy a brand new home in Florida? Join the crowd. As a real estate attorney in Lakewood Ranch, Florida, I am often asked by folks to review their new construction purchase contract for buying a home from a builder. I’m always happy to do it, but I will always caution thatContinue reading “If They Build It, You Will Come”

The Silent Thief: How False Documents Can Steal Your Property

Don’t Let Your Home Be Next Real property fraud is a serious crime that can have devastating consequences for the victim. It can involve the theft of a property, the loss of a home, or financial ruin. A common type of real property fraud is the filing of false documents. In some cases, the fraudsterContinue reading “The Silent Thief: How False Documents Can Steal Your Property”

Good Deeds Come Cheap (and sometimes, free)

Don’t Get Tricked into Paying More Than You Should for a Copy of Your Deed If you’re a new homeowner in Florida, you may have received a letter in the mail offering to provide you with a copy of your property deed for a fee of $100.00 or more. If you have received such aContinue reading “Good Deeds Come Cheap (and sometimes, free)”

What is an Estoppel Certificate?

An estoppel certificate is a document that provides statutorily-mandated information about a property owner’s account with their homeowners association (HOA). Estoppel certificates are governed by Florida Statutes Section 720.30851. One definition of the word “estoppel” means to preclude a person from asserting something contrary to what is implied by a previous action or statement ofContinue reading “What is an Estoppel Certificate?”

Lakewood Ranch Attorney Joseph Battaglia Certified by the Florida Bar as a Specialist in the Area of Real Estate Law

Battaglia Law, PLLC is proud to announce that, on August 1, 2023, attorney Joseph B. Battaglia became Board Certified by the Florida Bar in Real Estate Law Licensed in 2008, Mr. Battaglia practiced for a number of years exclusively in the areas of bankruptcy and debtor-creditor litigation. However, in 2016 he decided to refresh hisContinue reading “Lakewood Ranch Attorney Joseph Battaglia Certified by the Florida Bar as a Specialist in the Area of Real Estate Law”

How Title Insurance May Have Saved My Client $1 Million

When title insurance is needed, it’s worth every penny I recently assisted a client who had purchased a home in Lakewood Ranch and paid cash. My office did not handle the closing, nor was I involved in any way with the real estate closing at the time. Rather, my client hired me about 7 monthsContinue reading “How Title Insurance May Have Saved My Client $1 Million”

FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of July 1, 2023

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 July 1, 2023. The new revised versions are identifiable by “6x” and “Rev. 7/23” notations towards the lower left-hand corner of each contract. The changes to bothContinue reading “FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of July 1, 2023″