FAR/BAR Contract
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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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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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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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Estoppel Certificate & Other HOA 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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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 of…
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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 both…
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AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.
On this Throwback Thursday we will look at an oldie-but-goodie opinion issued by the Florida Supreme Court. Specifically, we will look at the landmark case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1986), a case which forever changed the expectations and duties placed upon sellers of residential property in Florida. Most of you…