Real Estate Blog

To Deed or Not to Deed…

One of the most prevalent requests we receive as real estate attorneys is to prepare a deed in order to transfer title to a property. More often than not, a client will ask that we prepare a quitclaim deed (or, as many people mistakenly call it, a “quick claim” deed) on their behalf. For whatever…
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Eviction Moratorium – Who Qualifies?

The CDC eviction moratorium will continue to be in effect until January 31, 2021, however it does not provide blanket protection to tenants. The updated provisions require that the tenant meet certain criteria in order for the moratorium to apply to them. It is important to keep in mind that the eviction moratorium only applies…
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Hindsight is 2020

  The Florida housing market defied all odds this past year, high unemployment, an economic recession, political and social unrest, and a global pandemic, to name a few. Although we are not here to speculate the uncertainty that 2021 may bring, we can certainly learn from 2020. Hindsight, after all, is 2020. -The Virtual Closing…
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‘Twas The Night Before Closing…

  *’ Twas the night before closing and all through the house, not an issue was stirring not even a spouse. The deed and the mortgage were drafted with care in hopes that the couple would soon sign and share. The CD and Note were snug in the file, hoping to close the year-end in…
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A Home Loan For The Holidays

  Oh, won’t you please close my loan before the holidays… No matter how I really need to be in this home… If you want to make me happy in a million ways… before the holidays, please just close my loan! My apologies to Perry Como for butchering his famous “There’s No Place Like Home…
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Loan Approval: Which Pot of Risk Porridge is Just Right?

The Buyers discovered their dream cottage in the forest. It’s pricey and the neighbors are bears, but your Buyers are pre-approved and in this seller’s market the home will soon be under contract. As the Buyers’ realtor, you recommend that the Buyers tender an offer with a substantial earnest money escrow deposit (the “Deposit”) to demonstrate the…
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Rebel Without a (Procuring) Cause

  Every listing agent knows that their commission is usually premised on the existence of a Listing Agreement. And every agent has also heard of the concept of “procuring cause.” A topic that is not so frequently discussed is how those ideas interact with one another and whether they can both apply to the same…
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My Cousin “Minny”

Your Cousin Minny dies in Florida leaving you Florida real property. Now you are tasked with how do you get clear title to the real estate to sell the property? A full blown probate or ancillary probate is costly and time consuming, but it may be the only way to clear title. However, you should…
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Hurry, We Need to Sign…

When discussing a potential purchase with a client, you may hear, “It does not make a difference to us what type of contract we sign, we love the house and just want to make sure that we don’t lose it”. Stop! There are two standard forms, the FAR/BAR “AS IS” Contract and the FAR/BAR Standard…
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Home Inspection Reports: A Life Isn’t Fair Teaching Moment

Mel and Dani are your typical first-time homebuyers. They have scrapped and saved for years to accumulate their earnest money escrow deposit and mortgage down payment. To keep down costs, Dani convinced Mel a home inspection was not necessary because the lender was performing a 4 point inspection. As a result, their contractual due diligence…
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