When a loved one passes away, it is difficult for surviving family members as they mourn their unimaginable loss. Throughout the grieving process, emotions between the decedent’s family members may run high. As a result, this makes the probate process especially likely to spark animosity among loved ones.
The decision to enter into a real estate contract involves an extensive financial and personal investment. While the decision to buy or sell a property may seem like a good idea in the beginning, your opinion may change while going through the process and it is important you know how to get out of a real estate contract in Florida in the event you change your mind for any reason.
Daryl L. Jones, Founder and Faequa A. Khan of The Law Offices of Daryl L. Jones, P.A, has extensive experience helping clients navigate real estate transactions in Florida. If you decide you no longer want to take part in a particular transaction, it is important you have the knowledge to understand which situations allow you to get out of a real estate contract that has already been drawn up and signed by the parties.
According to Florida law, a buyer or seller is able to terminate a residential real estate contract and walk away from the deal without penalty by seeking rescission. Rescinding a real estate contract means the contract is considered to have no force and effect from the beginning or that the contract is canceled. In some Florida real estate contracts, rescission will be written into the contract, but if rescission is not included in the terms of the original contract that does not mean the contract cannot be canceled. Some of the ways you may be able to get out of a real estate contract through rescission are as follows:
If you believe that you may have grounds for the rescission of your real estate contract in Florida, there are several steps to take to get out of the contract legally:
Getting out of a Florida real estate contract may seem stressful whether you are the buyer or the seller. However, when you have the help of a legal professional like Papertyper.net with extensive experience helping clients like you, you will have the dedicated representation needed to help you get the best possible outcome for your case.
Founder Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, have extensive knowledge of all matters regarding real estate contracts and how to get out of them in Florida. With extensive training from Founder Daryl L. Jones, and over 10 years of experience helping buyers and sellers get out of real estate contracts that do not benefit them, Daryl L. Jones has the skills to help protect individuals’ interests.
With extensive training from Founder Daryl L. Jones, Attorney Faequa A. Khan is passionate about helping you find a solution for all of your real estate legal needs and will provide the knowledgeable representation you deserve. To schedule a free initial strategy session, contact us here or call 305-969-3602.
It is no secret that purchasing a home is expensive. For most buyers a mortgage loan is the typical solution used to afford the property. However, another cost effective option to offset the cost of purchasing and owning a home is joint property ownership, or concurrent ownership. While owning a piece of property with another party has some advantages, you should also be aware of the disadvantages of joint or concurrent ownership.
Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A has 30 years of experience helping clients understand joint property and concurrent ownership in Florida. It is crucial that you have knowledge of the pros and cons you may face with joint property and concurrent ownership before you make the choice to proceed with purchasing property with another person.
There are various different types of joint property and concurrent ownership in the state of Florida. It is important that you understand each type and how it may benefit you.
Tenancy in common, which is also referred to as TIC, is the most common type of concurrent ownership. Tenants in common each own an equal share of a piece of property unless otherwise stated in the deed or contract. This shared property may be a house, apartment building, or other type of real estate. Typically, this means that each co-tenant has an equal right to possess or use the entire property. Additionally, this means that the rent or maintenance costs of the property are shared among the co-tenants according to their ownership interest. Each tenant in common possesses a share in the value of the property as it appreciates.
In Florida, the state property laws refer to the interests of co-tenants as being undivided. This means that each tenant has an equal right to the property without being restricted to a specific part of it. However, in most tenancy in common situations, each co-tenant will agree to own a different portion of the property like a specific floor or unit within a building. A co-tenant may transfer their interest in a tenancy in common to another buyer or to an heir. A co-tenant also has the option to mortgage a share in the property. Co-tenants may not transfer, mortgage, or sell the other co-tenants’ interests in the joint property.
Joint tenancy, or joint tenancy with right of survivorship, implies that a joint tenant lost all interest in their property when he or she passed away. The deceased person’s interest was automatically transferred to the surviving joint tenant upon the passing of the other. In a joint tenancy, the deceased tenant’s interests do not transfer to an heir through their will. Instead the last surviving joint tenant owns all the property outright following the other joint tenant’s death.
Another form of concurrent ownership is tenancy by the entirety. This form of concurrent ownership is only available to married couples who own property together. In other words, they do not have equal shares, instead they have distinct shares. The married couple must fulfill all of the requirements necessary to create a joint tenancy. Additionally, they must be married at the time they acquire the property and must remain married in order for the tenancy by the entirety to be considered legally valid.
Attorney Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, has extensive knowledge of all matters concerning joint property and concurrent ownership in Florida. With more than 30 years of experience, Attorney Daryl L. Jones is passionate about helping you find a solution for all of your real estate legal needs and will provide the representation you deserve. To schedule a free initial strategy session, contact us here or call 786-876-9604.
Whether you are a first time buyer or a seasoned developer, entering into a deal involving commercial real estate may be intimidating. Unlike residential property like homes or condominiums, commercial real estate often involves a much larger financial investment and may hold more risk whether you are the buyer or the seller. If you are entering into a Florida commercial real estate transaction, there are several ways a commercial real estate lawyer may be able to help you and protect your interests throughout the entirety of the process.
Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, has extensive experience helping clients navigate the commercial real estate transaction process. It is crucial that you have knowledge of the different ways that a lawyer may help you with any of your commercial real estate needs.
If you are buying or selling a commercial property, it is crucial that your interests are protected throughout the process. Regardless if you are a buyer or seller, real estate disputes may arise. To avoid potential disputes and to ensure that the commercial real estate transaction process is as smooth as possible, it is advisable to seek the help of a Florida commercial real estate lawyer. When you work with an experienced lawyer, there are various ways they may use their knowledge and skills to help you. The benefits you may experience when working with a Florida commercial real estate lawyer are as follows:
Having a real estate attorney on your side saves you time throughout each step of the lengthy commercial real estate process. Your lawyer accomplishes this by reviewing contracts, asking important questions of the other party before finalizing a deal, and ensuring that you complete any necessary paperwork by the deadlines.
When you work with a Florida commercial real estate lawyer, he or she will work to protect your interests by ensuring the contract for the purchase or sale of a piece of commercial property is fair and satisfactory. Your real estate lawyer will also make note of any potential issues that may arise after closing, such as environmental or structural problems.
Commercial real estate attorneys know how to tell whether there is a legitimate deal with the buyer or seller. They can also tell if the deal seems to be misleading in any way or if it may not benefit you. If anything seems off, your Florida commercial real estate lawyer will advise you that the deal seems bad and that they may need to conduct an audit for additional issues.
Your lawyer will have extensive experience and the knowledge necessary to ensure you negotiate the best price for the commercial property.
Commercial real estate lawyers will have knowledge of the zoning laws in Florida, which is important when entering into a commercial real estate transaction of any kind.
If you are interested in buying or selling commercial real estate in Florida, it is essential you contact an experienced commercial real estate lawyer as soon as possible.
Attorney Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, has extensive knowledge of all matters concerning commercial real estate in Florida. With over 30 years of experience helping buyers and sellers, Daryl L. Jones has the skills to help protect individual interests when entering into a real estate contract in Florida.
Attorney Daryl L. Jones is passionate about helping you find a solution for all of your commercial real estate legal needs and will provide the representation you deserve. To schedule a free initial strategy session, contact us here or call 786-876-9604.
Everyone has likely felt buyer’s remorse once or twice in their life after spending a lot of money on an item that they are not sure they truly wanted or needed. For some, buyer’s remorse comes after purchasing an impractical car or a really expensive pair of shoes. But homebuyers may also experience buyer’s remorse after closing a deal to purchase a home. As a Florida resident, if you are experiencing buyer’s remorse after purchasing a home, it is crucial that you understand what the Florida buyer’s remorse law is and how it could help your situation.
The Law Offices of Daryl L. Jones, P.A is a real estate law firm in South Florida led by Attorney Daryl L. Jones. Attorney Daryl L. Jones has over 30 years of experience assisting clients who are experiencing buyer’s remorse after purchasing a home. When it comes to being a homeowner, you should understand all your rights in regards to the Florida buyer’s remorse law.
Unfortunately, the scope of Florida’s buyer’s remorse law is very limited in which situations it may cover. The law only applies to home solicitation sales. This means that you can exercise your rights under the buyer’s remorse law only with regard to purchases made from door-to-door salesmen, also known as solicitors. This law will not cover any of the following types of sales:
If you are experiencing buyer’s remorse after purchasing your home, you might have recourse under other laws prohibiting fraud or other consumer protection laws in the state of Florida.
When things go bad in a Florida real estate transaction, Florida law permits a buyer to terminate a residential real estate contract and walk away from the deal without penalty under certain circumstances. One option a home buyer can utilize to get out of a deal is by seeking rescission. Rescission is when a real estate contract is essentially canceled.
When a home buyer is experiencing buyer’s remorse, the buyer can raise common law causes of action or reasons to rescind a deal. Some examples of grounds for rescission include:
If you are considering pursuing rescission of your contract, contact a Florida real estate lawyer as soon as possible.
Attorney Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, is knowledgeable on all matters concerning homebuyer’s rights in Florida. With over 30 years of experience, Daryl L. Jones has the skills to help clients understand their rights and how that may affect their ability to walk away from a contract if they are feeling buyer’s remorse.
If you are considering buying a new home in Florida, you should always know your rights. Attorney Daryl L. Jones is passionate about helping you with all of your real estate legal needs. To schedule a free initial strategy session, contact us here or call 786-876-9604.
When purchasing a home, you have much more to consider than whether you will make a significant financial investment. In addition, you will probably invest extensive personal time and effort to close the deal. Before beginning your home buying journey, you should consider some legal tips that may help make the home buying process feel less stressful and may also assist you in avoiding disputes.
The Law Offices of Daryl L. Jones, P.A, is a top-rated real estate law firm helping clients in South Florida with every aspect of the home buying process. While it may feel overwhelming to begin the process of purchasing a home, knowing the following legal tips will help ensure that you find the home you want and close on a deal that protects you and your rights in the property.
Buying a home is part of the American dream for most people. However, before you make this important purchase, you need to determine all of the key factors that will make a home the perfect place for you. These factors may include your budget, your preferred neighborhood, and the features you need or want in your future home. In addition to these factors, you should be aware of certain legal issues concerning seller disclosures, purchase contracts, and property title that may come up throughout your property buying journey. Some of the best legal tips you need to know before buying a home in South Florida include:
Seller disclosures are important for you to review carefully before closing on a new home. This is because simply touring or looking at a property may not be enough to tell you what problems the previous owner had while living there. Some details that must be included in a Florida seller disclosure include:
We recommend that you have the help of a trusted real estate lawyer who will review the seller’s disclosure alongside you.
Instead of relying solely on a seller’s disclosure, take matters into your own hands and hire an independent home inspector who will double check the information detailed within the disclosure. Home buyers often make their offer contingent upon a satisfactory inspection report to be sure no additional defects exist. If there are defects, then you may either renegotiate or cancel the sale with the help of a real estate lawyer.
Before buying a home in South Florida, a buyer should always obtain a title search from a title company. A title company searches public records and other sources for any liens, easements, or other encumbrances or title restrictions that may affect the property and your ownership of it. If the title search finds an issue, the seller is expected to correct these as a condition of closing. To get help in this situation, you should contact a Florida real estate attorney.
The Law Offices of Daryl L. Jones, P.A, is a South Florida real estate law firm with over 30 years experience helping clients avoid legal disputes when purchasing a new home. To schedule a free initial strategy session, contact us here or call 786-876-9604.
Whether you are a first-time homeowner or if this is your second or third house, it is crucial that you know your rights as a homeowner in Florida. The laws concerning real estate in Florida can easily become convoluted. This is why it is important that you have the counsel of a legal professional to keep you informed on everything you need to know concerning your rights.
The Law Offices of Daryl L. Jones, P.A., is a South Florida real estate law firm led by Attorney Daryl L. Jones. Attorney Daryl L. Jones has more than 30 years of experience assisting clients in all of their real estate legal needs. When it comes to being a homeowner, you should know your rights to ensure you know what to do in the event of a legal dispute concerning your property.
When you decide to purchase a home, you will likely make a significant financial and personal investment to secure your property. Owning property is one of the most beneficial assets that a person can have. That is why it is important to know your Homeowner property rights so you can protect yourself and your home in the event of a legal dispute. Homeowner property rights in the state of Florida include:
After purchasing property in the state of Florida, it is imperative that you understand your rights in order to avoid any legal disputes that may arise. Some common legal issues that homeowners may face include property title disputes, claims that the Homeowner Association directors breached their duties, or financial matters like whether you are obligated to pay certain fines and assessments. For help with legal disputes and to protect your rights and interests in your Florida home, contact a trusted real estate lawyer.
In addition to the above rights, there are other rights Florida homeowners have when dealing with their Homeowner’s Associations. Florida homeowners have the right to view community HOA documents at any time. These documents include:
A written notice must be given to the board in advance in order for the homeowner to view the information. If you are unsure about your rights regarding your home or other property in Florida, you should consult a trusted South Florida real estate attorney.
Attorney Daryl L. Jones of The Law Offices of Daryl L. Jones, P.A, is knowledgeable on all matters concerning homeowner’s rights in Florida. With over 30 years of experience, Daryl L. Jones has the skills to help clients understand their rights and how these rights may affect any legal dispute you could face. Whether you have just purchased your first home or have been in your house for several years, our law firm offers legal assistance to clients dealing with any legal dispute concerning their property.
Regardless of how long you have been a homeowner, you should always know your rights and how to protect your property. Attorney Daryl L. Jones is dedicated to helping you with all of your real estate legal needs. To schedule a free initial strategy session, contact us here or call 786-876-9604.
A battle is going on concerning the preservation of a mansion sitting on Miami Beach’s Star Island. The home was built in 1925 and designed by the first registered architect in Florida. The mansion is now scheduled for demolition.
Developers are hoping to tear the home down in order to create a 20,000-square-foot estate at or near the same location. However, while reexamining whether historic homes like this can be saved, there is a push going on to save the mansion. Miami Beach officials have now held a number of meetings looking for ways to update preservation laws that would protect these mansions from being torn down and preventing certain kinds of structures from being erected.
The tearing down of the Art Deco Senator Hotel in 1988 resulted in the creation of legislation to protect historic buildings. Home preservationists are hoping for similar legislative action to be taken concerning historic homes as well. While Miami Beach commissioners did approve certain changes back in February, many preservationists are of the opinion that the new laws did not provide enough protection.
Changes to these laws may not be easy to accomplish and there is concern that many older homes will be destroyed before any new laws are put in place. The circumstances in Miami Beach may have been made even more complicated in that the land in the area is often valued at more than the house itself.
Real estate disputes often pit one side in favor of more restrictive regulations against those that want fewer impediments upon the manner in which they use their property. Resolution of such disputes may require attorneys and other authorities getting in the middle to negotiate with both sides concerning real estate solutions.
For more information about real estate disputes, contact our experienced attorneys at the Law Offices of Daryl L. Jones, P.A.
Source: Miami Herald, “Battle to save Miami Beach’s old homes may not be over,” Christina Vega, March 3, 2014
Investors have become more cautious since the real estate market debacle in 2008. A great many high-risk property fund managers that relied heavily on debt financing ended up in collapse during this period.
One response has been for investors to take a greater interest in core real estate. Though the increased demand for “core” buildings has resulted in lesser returns, many investors are looking at core real estate due to inflationary concerns. JP Morgan Chase & Co. has in place a $21 billion core fund. Blackstone Group LP has also been moving into the core business.
While many of these core properties have been purchased, there are still a substantial number of opportunities for investors. Three-year net returns through 2013 are notably higher than returns have been in a number of decades. The return on core real estate has been better than commercial bonds over this same period.
There are relatively lower debt levels with core buildings than with many of the so-called high risk assets. Also, the majority of real estate investment overall now includes core assets.
We need to keep in mind just how large the real estate investment market is. Worldwide it is close to $29 trillion with the U.S. accounting for $7.3 trillion of this.
When speaking of real estate luring matters, experienced attorneys are needed when it comes to commercial closings and disputes. These attorneys can also provide advice when it comes to tax and title issues, financing, zoning, construction, etc. Considering that millions of dollars are invested every year in Florida alone, having a second set of eyes to make certain that transactions are properly conducted is an invaluable service.
If you have questions or need more information about core commercial real estate luring, contact the Law Offices of Daryl L. Jones, P.A.
Source: Bloomberg Businessweek, “Office Towers Better Than Bonds Luring Global Investors,” Hui-yong Yu, March 11, 2014
One Boca Raton-based land trust company was named in a judgment involving hundreds of homes across Florida. The company acquired close to 100 homes in Palm Beach County and was said to have owned more than 250 properties statewide. However, the state shut the company down in September 2012 over what the Florida attorney general stated was a foreclosure-rescue scheme.
A judgment against the firm rescinded deeds that were signed over to the firm in Palm Beach County. A suit brought by the attorney general’s office in Broward County continues, however.
The scheme involved the firm telling homeowners that they could cancel the mortgages by suing the lender after the homeowner signed over the deed to them. The firm would then offer new mortgages to borrowers through another company.
The judgment on this matter stated that the firm “made false and deceptive or unfair promises and representations to consumers” and those titles were transferred without consideration while consumers were asked to pay thousands of dollars in advance fees for undeliverable services.
While deeds were signed back to the original homeowners, attorneys continued taking steps to ensure that titles were cleared. This was necessary due to an order by the attorney general freezing the assets. There was also concern that alleged scams such as this makes it difficult for other consumers who have legitimate defenses to foreclosure.
Please speak to licensed attorneys rather than firms who provide advice and options that are too good to be true. Such a circumstance indicates just how difficult and complicated real estate disputes can turn out to be. Home buyers and sellers need legitimate real estate solutions along with ethical representation concerning ownership issues.
For more information about real estate law, contact the Law Offices of Daryl L. Jones, P.A.
Source: The Palm Beach Post, “Clouded titles cleared in land trust case,” Kimberly Miller, March 17, 2014
