contracts
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Dear Florida HOAs, Enough with the Estoppel Extortion
As a real estate closing attorney here in beautiful Lakewood Ranch, board certified in real estate, in fact, I can honestly say that I love handling real estate closings. Having navigated the thrillingly adversarial waters of other practice areas earlier in my career, such as representing both the harried debtors and the hopeful creditors in…
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Selling Your Florida Home? Don’t Skip That HOA Payment!
As a real estate attorney handling closings right here in Florida, specifically in the Sarasota, Bradenton, and Lakewood Ranch area, I get this question a lot from sellers: “Should I pay my upcoming HOA assessment if I’m selling my house?” The short and sweet answer is a resounding YES! I understand why the question comes…
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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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Keeping Holidays Happy. Holiday Extensions Under Far/Bar Residential Real Estate Contracts
Navigating Deadline Extensions in Florida Real Estate Transactions If you’re buying or selling a home this time of year, as you’re busy planning and enjoying your holiday festivities, it’s important to be aware of how holidays can affect deadlines of your home buying or selling process. Florida real estate transactions rely heavily on timely action…
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Wholesaler? Partly Manure!
Something About This Stinks. As a board certified real estate attorney, I often am contacted by distressed homeowners who have fallen prey to some less than desirable real estate practices, particularly wholesaling. These homeowners, often desperate for a quick sale due to any number of reasons, but commonly due to financial hardship, become easy targets…
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Bought a New Build in Florida? You Might Be Owed Money From the Builder.
And we can help. Congratulations on your beautiful new construction home in the Sunshine State! But before you sink into those beachy vibes, there’s one important detail to consider: post-closing tax re-proration provisions. In plain English, this means you might be entitled to money back from the builder (the seller) due to potential discrepancies between…
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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…
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Contracts of Adhesion, Binding Arbitration, and The House Of Mouse
Is clicking “I agree” a ticking timebomb? In the digital age, the seemingly innocuous act of clicking “I agree” on a terms and conditions agreement can have far-reaching implications for our legal rights. This is particularly true when it comes to arbitration clauses, which can significantly limit consumers’ ability to seek justice. A recent Florida…
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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…
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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…