- Get It in Writing: Many times buyers and sellers draft their own contracts and write them in such a way that they’re not legally enforceable. The courts will only look at the four corners of the contract in any real estate dispute. The Court will not ask what was the parties’ verbally discussion. If it is not in the contract, then it will not count.
- Being Earnest: In most cases, a seller wants the amount of earnest money in a contract to be as high as possible, while a buyer wants the opposite. Making a large amount of earnest money deposit may be a good move for the Buyer. There are a lot of competition out there; therefore, making a large earnest money deposit is a good way of showing that the buyer is serious. When things go awry and the need arises for a buyer to terminate the contract, too often the buyer will not follow the required steps outlined in the agreement. There are many disputes where notice is given verbally instead of in writing and if it’s not done the right way, your notice may be ineffective.
- When Rezoning is a Factor: Often a sale is contingent upon the buyer obtaining rezoning for the site it is purchasing. In those cases, a buyer should make sure that the contract closing date accounts for the period of time during which a third party can appeal the approval of a rezoning approval. Drafting a contract which includes terms and conditions in this matter can make sure the buyer is not forced to buy a property where some neighbor is suing to challenge the zoning approval.
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Top Mistakes to Avoid with Commercial Real Estate Contracts
Important tips to keep in mind before executing a Residential Contract for Sale and Purchase (Part 1)
In this post we will provide a brief review of the Residential Contract for Sale and Purchase Form that has been approved by both the Florida Realtors and The Florida Bar Associations.
It can be found at this link. http://www.nat.com/Find-an-Office/Florida/Forms-Documents/2013-Residential-Contract-For-Sale-And-Purchase.aspx
If you have any in-depth questions regarding this topic, you should seek the advice of an attorney or schedule a consultation with an attorney at our office.
Part 1: Parties and Property Description ( Section 1)
Parties:
At the beginning of every contract is the designation of the parties to the contract. It is very important that the Seller and Buyer are identified by their legal names. This is usually the name present on the person’s ID or driver’s license.
Property Description:
The property description is also a very important part of the contract. It must indicate the correct address of the property, the county, the Real Property Tax ID number, and the legal description of the property. To obtain the correct address, check the Deed of the property. This is also true for the legal description. It is imperative that the correct address and legal description is placed in this section. The Real Property Tax ID number can be found at the Property Appraisers website of the county the property is located.
Check back for more tips!
We Did It Again!
Yet another court victory for the Law Firm of T Findlay Stokes! Congratulations Team!
Important tips to keep in mind before executing a Residential Contract for Sale and Purchase (Part 1)
In this post we will provide a brief review of the Residential Contract for Sale and Purchase Form that has been approved by both the Florida Realtors and The Florida Bar Associations.
It can be found at this link. http://www.nat.com/Find-an-Office/Florida/Forms-Documents/2013-Residential-Contract-For-Sale-And-Purchase.aspx
If you have any in-depth questions regarding this topic, you should seek the advice of an attorney or schedule a consultation with an attorney at our office.
Part 1: Parties and Property Description ( Section 1)
Parties:
At the beginning of every contract is the designation of the parties to the contract. It is very important that the Seller and Buyer are identified by their legal names. This is usually the name present on the person’s ID or driver’s license.
Property Description:
The property description is also a very important part of the contract. It must indicate the correct address of the property, the county, the Real Property Tax ID number, and the legal description of the property. To obtain the correct address, check the Deed of the property. This is also true for the legal description. It is imperative that the correct address and legal description is placed in this section. The Real Property Tax ID number can be found at the Property Appraisers website of the county the property is located.
Check back for more tips!
Legal Q & A: What are the 4 different types of Notices given to tenants for evictions?
Landlord & Tenant eviction matters are governed by the laws of the State of Florida (Florida Statutes – Chapter 83) and by the Florida Rules of Civil Procedure.
There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. You must give the tenant one of the following notices by either hand delivery to tenant or posting the notice to the tenant’s door. After the required time has passed the Landlord may proceed with filing a Complaint for Eviction of the Tenant with the Clerk’s Office, County Division.
◾THREE DAY NOTICE
If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing to vacate the premises or pay the rent. After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then files his/her complaint for eviction of the tenant with the Clerk of Court’s office where the property is located.
◾SEVEN DAY NOTICE (WITH CURE)
If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be given. The notice should state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant would be allowed to stay if he complied. If he does not comply, then the landlord would file a complaint for eviction based on the notice given. If the same noncompliance recurs within a 12 month period, the Landlord may commence with eviction proceedings without giving a subsequent notice.
◾SEVEN DAY NOTICE (WITHOUT CURE)
If a tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Seven Day Notice without cure could be given. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved in seven days, the landlord would file eviction proceedings.
◾FIFTEEN DAY NOTICE
If the landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, he would give the tenant a fifteen day written notice to vacate the premises. The notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given fifteen days prior to the rent being due. If the tenant does not vacate, the landlord would file his/her complaint for eviction. If a written lease agreement has been entered into, this section does not apply.
When the eviction complaint is filed, the clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may file a Motion for Default, and pay the sheriff fee. The Landlord will need to submit a Judgment for Possession for the judge to sign and a Writ of Possession to be issued by the Clerk’s office. The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenants.
If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default, the landlord should notify the Clerk’s office in writing and submit an Order of Dismissal for the Judge to sign.
Legal Q & A: What do you do when the tenant is misbehaving?
If the rental agreement has been terminated for any of the reasons allowed under the Landlord and Tenant Act and the tenant does not move, the landlord can start eviction procedures. In the case of non-payment of rent, the landlord must serve the tenant with a written notice allowing three days (excluding weekends and legal holidays) in which to pay the rent or move. In the case of non-compliance with any other terms and conditions, the landlord must serve the tenant with a written notice allowing seven days cure or vacate the premises.
To gain possession of the dwelling the landlord must file suit, providing the court with a copy of the appropriate notice. The tenant then has five days, excluding weekends and legal holidays to respond in writing to the court. If the tenant does not respond or if a judgment is entered against the tenant, the Clerk of the Circuit Court will issue a writ of possession to the Sheriff and the tenant will have only 24 hours notice prior to eviction. Any attempt by a landlord to evict a tenant by locking that person out of his apartment or by removing the outside doors, locks, roof, walls or windows of the unit or by terminating any utility service furnished to the tenant, including water, electricity, heat, light, gas, garbage collection or refrigeration, whether or not the utility service is under control of or paid by the landlord, is a violation of the Florida Law and the landlord may be liable for actual and consequential damages or three months rent, whichever is greater, and costs, including attorney fees.
Legal Q&A
Q: What is a loan modification?
A: A loan modification is a permanent change in one or more of the terms of a loan to a mortgagor (borrower), which allows the loan to be reinstated and results in a payment the borrower can afford. – U.S. Department of Housing and Urban Development
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