A quitclaim deed, often mistakenly referred to as a “quick claim deed”, is a popular option for homeowners and non-real estate attorneys when transferring ownership to a Florida residential property. However, sometimes, a conveyance using a quitclaim deed rather than a warranty deed can do more than just transfer the ownership of the property. Parties…
As most Florida homeowners know, the Homestead Tax Exemption (hereinafter the “Exemption”) is a valuable savings tool. The Exemption allows for a $50,000.00 reduction of a property’s assessed value and includes the Save Our Homes cap that limits annual increases in assessed value of real property to 3%. However, today many homeowners are attempting to…
“But the association is voluntary and the rules don’t apply to my property.” This is a common statement we receive when dealing with survey related issues in a voluntary HOA. While mandatory Home Owner Associations (“HOA”) are common in our area, there are a few communities with voluntary HOAs. So what is the difference? Simply…
When handling real property transactions we often find outstanding Notice(s) of Commencement (“NOC”) when conducting the title search. The NOC is one of the first things an owner must complete and record in the public records prior to commencing construction or major repairs on a property. The NOC affects title to the property as it…
Most every real estate contract requires the buyer to pay a deposit, and more is always better for the seller, right? Well, we wouldn’t be writing this blog if the answer were easy. As it turns out, a deposit that is too big may leave a seller with a limited recovery in the result of…
We are often asked by Brokers about their agents who are “assisting” sellers in filling out seller property disclosure forms. Most understand that it is a very bad practice to do so, but sometimes many feel they have no choice. The issue raises concerns about agent and broker liability that agents should understand, particularly when…
We are often asked what is the difference between a normal title search and a municipal lien search. This question has even more relevance as the turnaround times for municipal lien searches have grown longer, and are far greater than the 24 to 48 hours it takes to obtain a typical title search. This is…
From time to time, a closing date may not align with the desired timeline of the buyer and seller. Perhaps the seller needs a little more time to close on their new home or the buyer is displaced prior to closing with nowhere to go. In these instances, the parties may want to put together…
Drone photography has changed the way that realtors market real estate. Affordable drone technology is now available to professional and amateur photographers alike, and the use of aerial photography is now a standard part of the real estate listing process. You finally land that big listing and you want to showcase the property using drone…
On July 1, 2018 Senate Bill No. 512 – an Act relating to homestead waivers and providing language that may be used to waive spousal homestead rights became law. A new section of Florida Statues was created, entitled Section 732.7025 Waiver of homestead rights through deed. For any real estate professional who has ever been…
