A notice of commencement is a document provided for under the Florida Construction Lien Statute. A notice of commencement is a standard form document that must contain specific provisions as set forth by Florida law. The form is executed by the owner of a piece of real estate before a construction project at the site …
An Overview of the Florida FAR-BAR Contract
The Florida FAR-BAR contract is a standard form agreement developed cooperatively by The Florida Bar and Florida Association of Realtors. The FAR-BAR agreement is utilized to facilitate the sale of real estate in the Sunshine State. As a result, the contract contains many of the same provisions typically found in other standard real estate agreements …
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Miami Real Estate Lawyers Explain Foreign Investors
Despite being one the hardest hit markets when the real estate bubble burst in 2008, Miami has become the hottest real estate market in the United States, according to the National Law Review, a publication relied upon by Miami real estate lawyers for information on legal issues and latest trends. The primary reason for the …
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What You Should Know About Florida Residential Lease Agreements
Let’s discuss what a Florida residential lease means. A lease agreement in Florida is the contract between the landlord and tenant that defines the duties and responsibilities of each. Understanding the terms of your lease before you sign it can help avoid problems in the future. Below are some things to know before entering into …
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Real Estate Selling Contract 101
When selling or buying residential or commercial real estate in Florida, the real estate selling contract is one of the most important documents in the transaction. This contract defines the terms of the sale and imposes legal obligations on both buyer and seller. Therefore, it is important that the contract is drafted to clearly and …
Commercial Lease Negotiation – Ten Key Issues for Tenants
Negotiating the most favorable lease terms is one of the keys to the success of your business. The following is a list of ten of the critical provisions to be negotiated in any commercial lease. 1) Rent – When does it commence; what is the base rent; will there be percentage rent. Does the rent …
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Power of Attorney in Real Estate Transactions
There are often times when a buyer or seller does not want to be present at a real estate closing – or is unable to attend. A Power of Attorney (“POA”) appointing another person to sign on behalf of the buyer or seller can be used. However, a poorly drafted POA – or one appointing …
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Time to File for Homestead Exemption
Several clients have contacted me recently regarding the process for filing an application for Homestead Exemption. I f you purchased a permanent residence in 2013 – now is the time to start preparing your application to make sure you file by the deadline. The Homestead Exemption is an extremely valuable benefit available to Florida residents …
Beware FIRPTA: Buying and Selling Florida Real Estate by Non-Residents
Florida law does not impose restrictions on the purchase of real estate by foreign investors. Foreign investors may take title to Florida real estate in their individual names or in an entity (LLC or corporation). The challenge for foreign investors arises when the investor decides to sell the property. The Foreign Investment in Real Property …
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Bidders Beware when Acquiring HOA and Condo Association Liens at Auction
The old expression – if it seems to be too good to be true – it probably is too good to be true – seems to have been written about bidding on HOA and Condo association liens at sheriff’s sale. Coral Gables attorney Marlyn J. Wiener (www.mwfloridalaw.com) has been contacted many times by successful bidders …
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