It’s wise to avoid a litigious relationship with tenants. Landlords and agents simply have more to lose than tenants when it comes to litigating a landlord-tenant dispute. Here are a few tips to avoid a day in court: Use a written lease. A written lease provides a clear understanding of the parties’ roles and responsibilities….
You’ve just negotiated the labyrinth that is the Residential Contract For Purchase and Sale (the “Standard Contract”), or the AS IS Residential Contract For Sale and Purchase (the “AS IS Contract”), and their various Addenda, Riders, and Disclosures. Surely, somewhere in there are protections for Buyers against the hazards of mold and mold related issues….
In Florida, just because you were the sole purchaser or are the sole person on title, does not mean your spouse has no rights to the property, if it is your primary residence (i.e. your homestead). Florida’s homestead laws extend beyond a tax exemption and can be used as asset protection for your primary residence. Florida…
It’s a sweltering Sunday afternoon and you’re sitting at another Open House. No one has visited in over an hour and you are becoming increasingly bothered by the fact that you could be with your family and friends in your nice refreshing backyard pool. As you begin to remove your signs from the yard a…
After all, open competition is a bedrock concept of capitalism and the foundation of the American way, so preventing competition can’t be legal. Well…it depends on where you live. Some states do prohibit the enforcement of non-compete agreements under the theory that they impose unreasonable restrictions on trade and the marketplace. However, Florida has long…
The 2017 Hurricane Season is well underway and now is as good as time as any to review the Force Majeure and Closing Date Extension provisions contained within the 2017 FR/BAR Contract. These clauses are often-times given perfunctory treatment given the relatively low risk of such an event occurring. However, these clauses could have a…
We have recently been asked about surreptitious recordings that were made of a Buyer’s visit to a property that was for sale. Apparently the Seller then used the Buyer’s comments about price and their maximum negotiating price point to obtain the maximum price for their property. Once this was the discovered by the Buyer, they…
Anyone who has dealt with single family homes knows that most lots upon which such homes are constructed are subject to setback requirements and/or easements. A setback requirement is just what its name implies, a requirement that an improvement be set back from a road or lot line by a certain distance. An easement, in…
One difference between the FAR/BAR Residential Contract for Sale and Purchase and the AS-IS Residential Contract for Sale and Purchase is the treatment of permits which have not been properly closed out and improvements which are not permitted. Common to both contracts, the Seller has the obligation to: Disclose any improvements made to the Property…
The Florida Property Tax Exemption for Homesteaded Property provides valuable tax benefits to owners of real property in Florida. Homestead exemption tax benefits include a reduction in the taxable value of a primary residence, as well as a cap on any increase in the taxable value of the residence. Owners are frequently interested in renting…
