Real Estate Blog

“The Additional Terms” – A Cautionary Tale…

There are few things in purchasing a home more complicated than the real estate purchase agreement. To most, these contracts are pages upon pages of complex terms, definitions, and conditions that seem never ending, but hold the key to the next major event in their life. These contracts are methodically drafted by the Florida Realtors…

What’s So Special About the Assessment?

One of the many questions commonly asked by realtors, sellers, and buyers pertains to special assessments – to whom are the special assessments owed, why special assessments are being paid, and how a buyer would be alerted to the existence of the special assessments. In short, the term “special assessments” can be used to…

The Dating Game

Dates. The FR/BAR is chock-full of them. Inspections, loan approval, surveys, title work. There are a lot of dates to keep track of. The two most important dates that the entire transaction is predicated on are the Effective Date and the Closing Date. The Effective Date is the beginning of the contractual relationship. But…

Mind the Gap, Prevent a Bad Rap

Offers well above market price are the new normal! As real estate attorneys, we are reviewing more and more contracts with additional terms or addenda attempting to resolve any potential appraisal issues related to the “Gap”. The gap can be easily be defined as the difference between the appraisal value and the purchase price.…

Don’t Kill Your Deal – Deceased Seller Edition

Keep the Deal Alive, Even with a Deceased Seller You have a brand new listing, it’s been on the market less than 24 hours, and you have received multiple offers. However, you quickly realize that you have been working with a relative and not the property owner, the seller. Selling a home with a deceased…

Get in the Zone

As our local residential real estate market remains hot and single-family home inventory remains historically low, our team at Berlin Patten Ebling has seen an increase in vacant land contracts and zoning issues that naturally follow. With the tip-off of March Madness right around the corner, we believe it is a perfect opportunity to…

Knock, knock, let me in!

The Education of Tenants and Access to Property for Showings At Berlin Patten Ebling, we have had several inquiries concerning an investor’s and landlord’s home showings. Specifically, a tenant refusing to provide access to a home due to COVID-19 fears. And while the State of Florida and the rest of the country are working…

Well, That Escalated Quickly!

Do I hear $500,000? $510,000? $520,000?! Sold to the highest bidder! No, this is not a BLOG about auctions, but rather about the feeding frenzy that is the current Southwest Florida residential real estate market. As anyone in the local real estate business knows, we are currently experiencing market conditions the likes of which…

The Future is Now

In the last five years, there have been over 2 billion dollars of losses suffered by buyers and sellers of real estate as a result of cyberfraud. Frequently, the entry point into a transaction for fraudsters is the monitoring of agents’ electronic communications – after all, many agents do not have the resources to…

“Will You Accept This Addendum?”

Roses are red, Ink on contracts are blue, it’s the middle of season, which addendum is right for you? When writing an offer, addenda specifically tailored toward the current transaction might be included. Picking the perfect addendum, like finding a Valentine, can be challenging and overwhelming. The FAR/BAR Contracts are dense and full of…