Real Estate Blog

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Make a List, and Check it Twice: Steps to Identify Title Issues

Doing Your Due Diligence In today’s booming real estate market, the temptation is to rush through the contract, get to closing quickly, and move on to the next sale. However, cutting corners in getting a listing and a property under contract can result in a ripple effect that costs you and your client time and…

I don’t know who you are, but we’re not falling for it!

At Berlin Patten Ebling, we do many closings. Like, a lot. One of the benefits of being so plugged into the real estate market is that it allows us to see trends as they are developing – both good and bad. One of the disturbing new trends that we have seen is an increase in fraudsters…

Post-Closing Tenancies: Understanding Seller’s Contractual Obligations to Avoid a Broken Deal

A common issue that may cause a closing to fall apart is a tenant(s) residing on the property post-closing. The FR/BAR contracts impose specific and time-sensitive disclosure requirements on the Seller. These requirements focus on disclosure and transparency of the obligations the Buyer would undertake upon closing. Understanding them and the associated periods is crucial…

“Cash” Offers & How to Advise

Florida’s Hot Housing Market Temperatures in Florida aren’t the only thing that is hot right now. The real estate market in Florida is equally hot as Buyer(s) continue to move into Florida. With the competitive, frenzied nature of the market, Buyer(s) who are offering to purchase homes with financing frequently find themselves losing out to…

General Property Repairs under the “Standard Contract”

Are the Property Inspection and Repair provisions in the “AS IS Contract” and the “Standard Contract” similar? Unequivocally, NO! The “Standard Contract” is the FloridaRealtors/FloridaBar Residential Contract For Sale and Purchase. It should not be confused with the “AS IS” Residential Contract For Sale and Purchase (both of which have been updated, revised, and approved by The…

Dodd-Frank: Seller Financing and Private Money Financing

What is the Dodd-Frank Act? The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act” or “Dodd-Frank Act”) came to fruition in response to the financial crisis of 2008. The purpose of the Dodd-Frank Act was to regulate various aspects of the financial system and establish safeguards for consumers obtaining a residential mortgage loan from predatory…

Untangling the Process of Transferring Existing Reservations

Given everything Florida has to offer, it is no surprise that we are currently midst of a great migration to the Sunshine State. People from all over flock to take in our beaches and amusement parks and drink in our sunshine. It should not be a shock to learn that we are also experiencing an…

No Fear in FIRPTA When you Know the Rules

With the continued international investment in our area and many international investors looking to take advantage of our real estate market and cash in on their investments, we have seen an increase in the number of transactions impacted by “FIRPTA.” As you would imagine, having the IRS involved in your settlement can complicate matters and lead to…

Foreclosure Sale Purchases in Florida

Prepare for the Worst, Be Pleasantly Surprised: Foreclosure Sale Purchases in Florida It is always better to prepare for the worst and be pleasantly surprised with a new listing. However, before you tender a foreclosure sale auction bid, realtors should advise their clients to conduct a healthy dose of legal due diligence. Why? Because not all prospective purchasers…

Don’t rely on luck! Instead, make a plan when closing remotely.

Moving Across the World Thankfully, international travel restrictions are becoming a thing of the past. Paddy McBuyer, like so many others, decided to test his luck and make a move across the rainbow from his native Ireland to the pot of gold that is sunny Florida. After securing a pre-approval for his loan and surviving…

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