In April of this year, there was a lot of media attention around the settlement between the National Association of Realtors (NAR) and plaintiffs in a class action lawsuit over the commissions that real estate professionals can expect their clients to pay. While the...
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When is pursuing a post-closing occupancy agreement a good idea?
The real estate market is filled with nuanced details that can significantly impact buyers and sellers. One such detail that buyers should pay attention to is the post-closing occupancy agreement. This contractual arrangement allows sellers to rent back their property...
What are the keys to a smooth closing?
A real estate closing is a meeting that is a long time in the making. Sellers may accept offers weeks or more than a month before a closing is possible. Inspections, title research and other elements of the real estate transaction can take quite some time to complete....
Commercial property purchase LOIs: The basics
One of the most important documents in a commercial real estate purchase isn’t a contract or other agreement. It’s not even a legal document – nor is it binding. It’s a letter of intent (LOI). Writing an LOI is one of the first steps in purchasing a commercial...
The legal aspects of buying and selling homes in autumn in Florida
Autumn on Florida's west coast brings unique dynamics to the real estate market. As year-end approaches, both buyers and sellers are eager to close deals quickly, leading to a flurry of activity. Still, real estate transactions are major transactions involving...
The role of a lawyer vs. a title company in a real estate closing
There are many professionals who can provide assistance during a real estate transaction. Many buyers and sellers immediately start looking for a real estate agent to assist them. They may also rely on a local title company to both prepare for the transaction and...
Title Tip: Escrow Agent Case Letter
Once again, the Florida courts have interpreted the FRBAR contract and made it clear that having a well-trained Realtor® and expert attorney makes all the difference in closing your transaction. In a new case, O’Donnell v. Lee, (5th DCA, June 5, 2024), the District...
The fine line between staging a home and hiding defects
Real estate agents have a duty to act in the best interests of their clients. Fulfilling that duty often involves trying to get as much as possible and helping them sell a home. In some cases, depending on how an agent structures their charges, maximizing the sale...
What is a 1031 exchange?
A 1031 exchange allows real estate investors to defer paying capital gains taxes when they sell a property. There’s a condition that they must reinvest the proceeds into another "like-kind" property. Essentially, this is a swap of one investment property for another,...
3 common title issues that can impact real estate transactions
A title search is a necessary part of a residential real estate transaction. Particularly when there is a mortgage involved, title insurance policies are mandatory. Before the transaction takes place, it is first necessary to review the title record for the property...