Isabella's Jewel BoxSlipping into the PoolOn the Grass, Barefoot._MG_3114_MG_3118Nick Segal at UCLA

Denying a final Walkthrough upon moving out?

On June 16, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 6 Comments

My lease is up August 1st. My rent is paid in full until then. I got an e-mail from the real estate agent few days ago asking when I was moving. I told him I would be out of the apartment by july 31st and I requested a walk though. The agent stated " We don’t do walk throughs until the unit is vacant ands keys returned. Your deposit claim form will be sent by certified mail to your forwarding address which you should leave with us when you turn in your keys. The claim will be sent within 30 days of the date of the keys being returned and you will have 15 days to respond after which your deposit will be processed and sent to you" I e-mailed him back immidiatly since I was afraid he is trying to keep my deposit. I am aware by Florida law that if nothing is wrong with the apartment ( and there isnt) that he has to give me my deposit back in 15 days. Is this legal?
I e-mailed him again asking if he would do a walk through if i vacated the property earlier. I was once again denied a walk through. He has also stated now that "I am required by law to send claim form to your forwarding address by certified mail." Once again, starting right out with the claim form as opposed to giving me my full deposit back.

As I stated before, I plan on leaving this place better than I found it. We have only lived here a year and we do not have pets and I am hiring a professional "moving out" cleaning service myself to clean the place.

Once agian, is it Legal for them to deny me a final walkthrough and a chance to fix things that I may have missed?
I dont have carpet :) So there should be no reason for the real estate agency to keep my deposit for cleaning purposes.

Can I get out of a lease if my landlords put our house up for sale?

On May 28, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 5 Comments

We have lived in our house for approx. 4 1/2 months and our real estate company just put a for sale sign in the yard out of nowhere. Now they have a lock box on our house and that means strangers in and out showing the house. They also want to cut all our trees and bushes down and want to publish picture of the interior of the house (i.e. all of our stuff!). I hate this house, I hate the neighborhood and now with this I am really miserable. Do you think there is anyway I can get out of my lease without a nasty process? Is there some kind of law relating to this.

P.S. I live in Florida if anyone is familiar with these laws.

Thanks so much for any advice!!

are there exclusivity rights with florida real estate agents?

On May 14, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

we are trying to sell a home that we own outright ASAP. unfamiliar with florida law.

Does Florida Law require a title company to close escrow or a real estate lawyer??

On April 22, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

Is Title Company or Real Estate Lawyer required to close esrcow??

Need answer to a renters questions regarding Jacksonville, FL house we lived in and return of deposit.?

On March 17, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 3 Comments

In Jacksonville, Florida we rented a house and had a lease through a rental management real estate agency. We vacated the premises to move for military to another state at the end of 2 years being there. We paid our rent up to the day we moved out and moved out 6 days before the end of the month. We cleaned the house, shampooed carpets and left the house exactly as we had found it 2 years prior. Now 2 weeks after leaving, the realitor is telling me that the owner of the house went in there and because it smells like cigerette smoke, he does not want to give us our deposit back. There was nothing in the lease about smoking not being allowed. I am under the belief that he has not got grounds to keep the deposit. I do know that the neighborhood assosciation is on his back to replace the yard and fencing in back because it is horrible. It was messed up when we moved in. Does anyone know who I can contact to get advice on this regarding florida law? I am willing to fight this one

Should I sell my land and condo?

On March 8, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 2 Comments

I am in dire straits. I have bought two properties in 2005.
I bought 1.6 acres of land for 38k and a condo for 100k. Both of gone down in value. My condo is located in st petersburg florida.(selling for 105k) My land is located in ridge manor florida.(selling for 42k) Been trying to sell both properties for a year now without any buyers. Too much on the market and the market is flat in florida. Shoudl I hang on for the next year? Or just reduce the price and sell and take a loss? I swear I will NEVER buy property again! ITS BEEN A NIGHTMARE!
So many greedy real estate agents/brokers trying to get me into these properties telling me they are such great investments. Well now i want to go to law school and I cannot even sell them!! Im angry. Two things I have learned: 1.) Dont buy real estate if you cannot COMFORTABLY afford mortage payments along with RISING taxes and insurance. 2.) Dont buy unless you can sell property quickly. I need some suggestions? Should I take a loss? Hold on?

How much time do I have to pay a down payment in Florida?

On February 24, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 2 Comments

I know there’s a "grace period" in some states that you have to pay the full down payment for a house. Someone told me I have 5 or 6 months to pay the full amount before the purchase agreement can start. I’m confused. I already made some payments towards the down payment. I know I have to pay it in full before a date or else I will lose the money I already paid and won’t get the house.
I can’t seem to find real estate laws for Florida online to check if it’s 5 or 6 months.
Can somebody help me? They used to call me at the beginning almost every day requesting the remaining balance and I’ve made partial payments. They suddenly stopped calling me, and now I don’t know if I lost the opportunity because of the due date.

Thanks

What are the laws for Florida’s Mortgage Closing costs with the home seller paying half of the closing costs?

On February 12, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

I agreed to pay ONLY half of my buyer’s closing costs. The home price is $285,000. Before I even got the good faith estimate in my hand I estimated my buyer’s closing costs to be 3% of $285,000 at least which comes to $8,550. I got their good faith estimate today and I see that the "estimated closing costs" are $10,246.50 and the "total funds needed to close" are $13,510.04. and a loan orgination fee of $2,850.00 and, administration fee of $585.00, Underwriting fee of $795.00, processing fee $495, and much more. This is more than I thought. I think the fees are probably a little to high. I know in the state of Florida there is a cap on what the Home seller pays in closing costs. How can I find these laws and to make sure that I am not paying for a whole bunch of Junk fees. This is my first time ever doing this and I just want to make sure that I am paying fairly, correctly and within the Florida laws. Any help, from Mortgage or Real estate professionals will be greatly appreciated.

How does a foreigner buy real estate in Florida?

On February 11, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 4 Comments

My mother in law is from Russia and is interested in buying some real estate in Florida. Does anyone know what requirements and steps are needed to do this? I have been looking all over the internet and can’t really find anything on it.

Selling Timeshares?

On January 25, 2008 / By Real Estate Law Help / In Florida-Real-Estate-Law / 1 Comment

A friend of mine recently moved to Florida and began selling timeshares. I referred my mother-in-law to her, because she has been talking about selling her timeshare for years now.

Is it typical practice to pay a certain amount before your timeshare sells? She was charged a fee, a large fee, but guaranteed that money back once the timeshare sells.

I was always told that you never pay for anything in advance, especially real estate. And she hasn’t received the paperwork in the mail to sign, so is this even legal??
(She was told the paperwork would be Fed-Ex delievered on Saturday, yet we haven’t received anything.)