Category Archives: Real Estate
Does a Deed Incorporate All Terms of a Sales Contract?
When closing a Florida real estate sale, both parties need to be aware of the legal doctrine of “merger by deed.” This doctrine basically holds that once a property is transferred by deed, any prior contracts or agreements related to the sale are no longer enforceable. In other words, all prior agreements disappear and… Read More »
Does a Real Estate Contract Need a Specific Property Description?
Real estate is one area where you always want to be as clear as possible. In Florida, a contract for the sale of real property must contain a “sufficient” description of the land being conveyed from the seller to the buyer. Ideally, the most recent deed to the property will contain a sufficient description… Read More »
How Do I Take Title to Real Estate With My Spouse?
If you are thinking about purchasing real estate in the St. Petersburg area—for example, you and your spouse want to buy your first home—it is important to understand the different forms that land ownership may take. This is not a minor technical detail; how real property is titled affects your legal rights as owners…. Read More »
How Can I Transfer My House to a Family Member?
If you own your home or other Florida real estate, you should give some thought to how you wish to dispose of such properties upon your death. Many Florida residents use an estate planning device called a revocable living trust to avoid probate. But a trust is only one method for dealing with succession… Read More »
Do I Need a Written Sales Contract to Buy or Sell a Florida Home?
Buying or selling a home in the St. Petersburg area is a major undertaking. You should never treat a real estate transaction casually. That is to say, you should never rely on a “handshake agreement” as a substitute for a written sales contract specifying all relevant terms and conditions of the parties’ agreement. What… Read More »
Does a Seller Have to Disclose Problems With a House to the Buyer?
Historically the law when it came to buying or selling real estate was “let the buyer beware.” In other words, it was the buyer’s sole responsibility to learn about any potential defects in a house before closing. But in 1985, the Florida Supreme Court declared that “where the seller of a home knows of… Read More »
How an “Acceleration Clause” Can Affect Your Home Mortgage
For many Florida residents, a home mortgage is the biggest debt they will ever take on. A mortgage is not something to be entered into lightly. Most mortgages contain an “acceleration clause,” which means if you miss even one monthly payment, the lender can demand the entire balance outright. Miami Court Resets the Clock… Read More »
Selling Your Home With or Without a Real Estate Agent
Selling your home is a big undertaking. It is not as simple as posting a classified ad online and waiting for someone to show up at your door with a check. That is why many people choose to sell their home through a real estate agent—a licensed professional who assumes the responsibility of locating… Read More »
What Happens if a Homeowner Backs Out of a Sale at Closing?
A real estate closing represents the final stage in buying or selling a property. The closing is when the buyer presents the seller with a check for the purchase price and the seller signs a deed officially transferring ownership. And while most real estate closings are routine affairs, there are cases where one party… Read More »
Tiny Houses
There is a new and growing trend which started around 2012 for affordable and simplistic homeownership – tiny houses. These houses are generally between 100 and 500 square feet in size, and are often built on trailers, so the homeowners can move their houses with ease. With a growing number of Americans foregoing the… Read More »
