Real Estate Law

Real Estate Law Article

Remote Online Notarization

With a new year came a new change to the Florida notary statute. Beginning on January 1, 2020, remote online notarization procedures are now authorized for real estate closing documents and other documents that require a notary acknowledgment. Previously, a notary and a person signing a document requiring a notary acknowledgment had to be in […]

Real Estate Law Article

The Benefits of Hiring an Attorney When Purchasing a Home

When purchasing a home, many legal issues can arise. Hiring an experienced real estate lawyer who is trained to handle the purchase and sale of real property is helpful to navigate the process.

Real Estate Law Article

I CAN SEE CLEARLY NOW, IT’S NOT CLOUDY

When purchasing real property in Florida, people will often tell you to make sure that you get “clear title” or “good title” to the property. That sounds like good advice, but what does it really mean?

Real Estate Law Article

Understanding Deeds

For first time homebuyers, or even experienced homebuyers, there are many different aspects of a real estate transaction that seem confusing. One of the most confusing areas can be understanding the different types of deeds.

Real Estate Law Article

Implied Warranties When Selling Residential Real Property

When purchasing residential real property, purchasers and sellers should consider warranties that the seller will provide to the purchaser. Typically, warranties are expressly stated in the contract the purchaser and seller negotiate. However, new home builders who sell residential real property provide certain minimum warranties to the purchaser, regardless of whether or not those warranties are included in the contract.

Real Estate Law Article

Borrowing Money Secured by Real Estate

When borrowing money to acquire or refinance real property in Florida, the lender will prepare an entire loan package for you to sign at closing. The two main documents in the loan package are the promissory note and the mortgage.

Real Estate Law Article

The Impact of Easements on Real Property

By: Kyle H. Jensen A person interested in purchasing real property should always determine whether any easements burden or benefit the real property and the impact such easements have on the real property. An easement is a right held by a person to use another person’s real property, or portion thereof. Generally, easements provide non-owners […]

Real Estate Law Article

Eminent Domain and Just Compensation

How does government acquire the land it uses to install utilities or construct new roads? It exercises an authority that is called eminent domain. Eminent domain allows the government to take private property if it is for a “public use.” The phrase “public use” is contentious since, depending on who is defining it, could greatly limit or increase the government’s authority to take private property. This article gives some background on what eminent domain is, and how property owners can either fight it or at least be fully compensated for it.

Real Estate Law Article

Distinguishing Variances and Special Exceptions

There are many avenues that property owners could travel to get around certain restrictions that local governments impose upon property throughout their jurisdiction. Sometimes local governments will restrict, for example, how high buildings can be built, or how property can be used.

Real Estate Law Article

Defect Disclosure Requirements for a Residential Sale

Historically, when real property was being bought and sold the doctrine of caveat emptor or “let the buyer beware” controlled. Under this doctrine, it was the buyer’s sole responsibility to determine if any defects were affecting the property and the seller had no obligation to bring such defects to the buyer’s attention.

Real Estate Law Article

To Survey or Not To Survey

There are many issues a buyer must consider and pitfalls a buyer must avoid when purchasing real property, regardless of whether the buyer is acquiring a large commercial center or the buyer’s first home. Accordingly, an experienced buyer will thoroughly investigate prospective real property to determine whether such real property is suitable for the buyer’s intended purposes. One of the most important steps buyers often take when investigating real property is to obtain a survey.

Real Estate Law Article

The Basics Surrounding Homeowners Association Turnovers.

One of the most important events a homeowners association will face is its “turnover” or “transition” from the developer of the community to the unit owners. Despite the importance of a turnover, what I’ve found is that many unit owners are unaware of the basics surrounding a homeowners association’s transition.

Real Estate Law Article

Enforcing community association rules by imposing fines.

One of the most common challenges for community associations is how to effectively enforce association rules against residents who repeatedly violate them.

Real Estate Law Article

Wrap-Up of 2018 Legislative Changes for Community Associations

On March 23, 2018, Governor Rick Scott signed House Bill 841 into law. House Bill 841, which shall take effect on July 1, 2018, makes numerous alterations to a number of statutes regulating certain community associations

Real Estate Law Article

What happens when nobody wants to serve on an association’s board of directors?

What happens when nobody wants to serve on an association’s board of directors?

Real Estate Law Article

Adverse Possession & Squatter’s Rights

 Q: A few years ago my neighbor put up a fence, and I think it encroaches onto my property by a few inches.  Does my neighbor have a claim for adverse possession for part of my land?

Real Estate Law Article

When does a gathering of directors result in a homeowner’s association Board meeting?

Some of the most frequent questions I face in my representation of homeowner’s associations, or “HOA’s”, relate to whether a gathering of directors is considered a “Board meeting” that must comply with the formalities outlined in Chapter 720, Florida Statutes.

Real Estate Law Article

Know Your Contractor Before You Hire

Q: I was thinking about hiring a contractor to do some work on my house, but I’ve heard horror stories about unlicensed contractors doing shoddy work and running off before the work is finished. What can I do to protect myself?

Real Estate Law Article

POST-HURRICANE ADVICE ON TREE LIABILITY IN FLORIDA

As relief efforts remain ongoing, it is evident that hurricane Irma has had a very drastic effect on our local community, with one of the largest impacts being the massive amount of downed trees and vegetation that have been strewn across our community

Real Estate Law Article

Dissension in the Ranks: The Basics Surrounding HOA Election Challenges

By: Dan Rich, Esq. Clark, Campbell, Lancaster & Munson, P.A. Few things generate more animosity and drama within a homeowners association, or HOA, than contested board of director elections. This tension may result in residents seeking legal action against the HOA in the form of an election contest. Sadly, most HOA residents have zero clue […]

Real Estate Law Article

Code Enforcement Liens

Q: A code inspector recently notified me about a code violation concerning my property. What is the process of enforcing a code violation?

Real Estate Law Article

Common Areas and the Role That Your Association Can Play in Prohibiting Guest Access

Q: Can my homeowners’ association prohibit guests from using the clubhouse or swimming pool?

Real Estate Law Article

HOA Assessments when HOA Forecloses

Q: Can a homeowner’s association foreclose on me even when I have a mortgage?

Real Estate Law Article

99-Year Leases and Property Tax

Q: When does a tenant become an owner for tax purposes?

Real Estate Law Article

Radon

Q: What is radon, and how can it affect my property?

Real Estate Law Article

HOA Political Signs

Q: Can a homeowners association prohibit the display of political yard signs?

Real Estate Law Article

Lost Mortgage Docs

Q: What happens if the lender trying to foreclose cannot produce the original loan documents?

Real Estate Law Article

Foreign Investment in Real Property Tax Act

Q: I am interested in purchasing property owned by a foreign person. What do I need to know?

Real Estate Law Article

Construction Defects Damage

Q: How much can I recover from construction defects in my home?

Real Estate Law Article

Selective Enforcement

Q: Is it important for homeowners associations to consistently enforce restrictive covenants and association bylaws and rules, especially when such covenants or rules are no longer desirable?

Real Estate Law Article

What is a Land Trust

Q: Should I use a land trust when purchasing property?

Real Estate Law Article

Protecting Tenants at Foreclosure

Q: Are tenants protected at foreclosure?

Real Estate Law Article

Title Insurance – Part 2

Q: What is title insurance, and do I need to purchase it when buying a home?

Real Estate Law Article

Integrated Disclosure Rule

Q: When closing on my home, I do not want to feel forced to sign documents without time to review and ask questions. Are there consumer protections for these transactions?

Real Estate Law Article

Toolbox Grows for HOAs with Delinquent Owners

Q: How can homeowners’ associations collect assessments while awaiting a first mortgage holder foreclosure?