In Can Financial LLC vs. Niklewicz, Case No. 4D19-3668 (Fla. 4th DCA 2020), Jack Niklewicz thought he was buying his dream home for a significant discount. Instead, he purchased a nightmare because he neglected to perform any due diligence before buying the property at a foreclosure auction. Can Financial LLC had obtained a final judgment […]
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David Blattner Reminds Homebuyers to Establish & Trust Their Real Estate Team
As ‘pandemic migration’ continues, real estate markets outside of city centers are enjoying an infusion of serious buyers and motivated sellers. If you’re exploring a new home purchase, especially if that home is in a new city or state, it is crucial to surround yourself with a team you can trust. I’ve written several blogs […]
Read MoreQ&A with Appraiser Richard Pyle
It is no secret that the real estate market in South Florida is booming, but how has the surge in home values affected how residential properties are appraised? I asked appraiser Richard Pyle, who has served the Florida market for more than a decade, to explain how properties are appraised and how the pandemic has […]
Read MoreSo You Want to Be a Real Estate Agent
During my 26 years practicing real estate law, and with over ten thousand real estate closings under my belt, I have seen my share of real estate agents. Some great. Others, not so much. The great ones, however, all share the same traits, and, in my opinion, it is these characteristics that set them apart […]
Read MoreClosings During COVID-19: How RON Has Forever Changed The Real Estate Industry
Just months prior to the pandemic, the title and legal industry made some tremendous strides toward virtual closings. Florida’s remote online notarization (“RON”) law, passed in July 2019, went into effect January 1, 2020. Normally, new technology takes time to implement; however, lockdown/quarantine requirements allowed Becker and Becker Title to accelerate adoption and implementation of […]
Read MoreProperty Damage and Falls: When Things Go Wrong
As all real estate professionals know, it’s difficult to predict what bumps in the road may arise while a property is being marketed for sale. Even in the seemingly benign scenario of a vacant residential or commercial property, someone – be it a potential buyer, an agent, a vendor, a landscaper, or anyone else who […]
Read MoreThe Do’s and Don’ts of Buying a House – a Personal Experience
Two years ago, my wife and I sold our house of 23 years and decided to downsize. We thought we would rent for a year and figure out what we wanted to do. I had an accident, so one year became two and she (not me) started looking just as the COVID-19 crisis began. I […]
Read MoreUnlicensed Practice of Law
Q: As a realtor, how do I know what I’m allowed to do myself, and what I need to hire an attorney to do? A: Real estate professionals often have questions about what might constitute the unlicensed practice of law – commonly known as UPL – which is a criminal infraction under Florida law. UPL […]
Read MoreEverything You Need to Know About Net Leases
The term net lease refers to a contractual agreement where, in addition to rent, a lessee pays a portion or all of the taxes, insurance fees, and maintenance costs for a property. Net leases are commonly used in commercial real estate. In the purest form of a net lease, the tenant is expected to pay […]
Read MoreAttorney Fees with Respect to Brokerage Commissions
Q: If I have to sue for payment of my brokerage commission, will I be paid for my attorneys’ fees? A: In Florida, and most jurisdictions throughout the United States, the prevailing party in a lawsuit is not automatically entitled to an award of their attorneys’ fees incurred in the course of the case.
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