Real Estate Closings
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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.…
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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…
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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 types…
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Reissue Me This, Batt, Man
Calculating Title Insurance Savings Should Never Be a Riddle As a Florida real estate attorney, I understand the importance of a smooth and cost-effective closing process for my clients. One way we achieve this at Battaglia Law, PLLC is by proactively applying reissue credit on title insurance premiums, whenever possible. What is a Reissue Credit?…
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HOA Estoppel Certificate Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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Don’t Forget to File for the Florida Homestead Tax Exemption
The statutory deadline to file for 2024 was March 1, 2024. Failure to timely file constitutes a waiver of your entitlement to the tax savings for the year. Homeowners in Florida may be entitled to a substantial tax benefit known as the Florida Homestead Tax Exemption, which is a two-pronged benefit in the form of:…
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FinCEN Renews and Expands 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?…
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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. District…
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If They Build It, You Will Come: New Construction Contracts in Florida
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 that…
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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 a…