FAR/BAR Contract
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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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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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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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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…