Florida Real Estate Legal Questions

I'm not sure why you would want to set a contract up in this manner, however, if all of the parties who are buying and all of the parties who are selling are clearly delineated in the contract and all of them execute the contract, I suppose it's possible to do and one contract. It would be much easier to have it in two separate contracts for the purposes of title insurance, however, there is no legal requirement that you have separate contracts as long as it's clear who is buying which piece of property and how the obligations and duties flow.... Read More

Hello, Generally, when husband and wife take title together and a spouse passes away, the surviving spouse becomes sole owner. A death certificate and continuous marriage affidavit wll have to be recorded as part of the sale. A real estate attorney can review the prior deed to ensure this is the case. My office is happy to do that for you. You should have a real estate attorney guide you through all aspects of the sale to make sure contract terms are favorable and no issues arise later. Feel free to call for a free consultation. Good luck!  -Kristie... Read More

Hello, The best way to ensure the contract terms are favorable enough to sign the contract is to contact a real estate attorney in your state to review it. A real estate attorney can also help guide you through the entire process from contract to closing, prepare your documents, ensure title is clear, etc. ... Read More

Well, the annoying answer you probably have seen is that 'it depends.'  Unfortunately, it does, but if you are just looking for an attorney to review closing docs and give you a legal opinion, probably somewhere between $200-$500.  If you are talking about something more complicated like negotiating something, drafting, or actually doing the closing, you would be looking at higher costs.  Most attorneys will probably charge some type of flat fee for a review and assessment.  ... Read More

Hello,  Based on the information you have provided, the portion still owned by your deceased brother would likely have to go through probate. The best and first place to determine this is by examination of the deed to see how the parties took title. If by joint tenants with right of survivorship then just recording the death certificate may be enough, but if by tenants in common probate will be required.  I hope that helps! Best, Kristie Estevez-Puentes 754-209-7766 kristie@estevezlawgroup.com... Read More

Hi Frank, I can certainly see how this is a difficult situation. I would need more info to go on to determine the best course of action but firstly we would need to know how the property was titled, if this needs to go through probate, or if probate happened already. Once the property is properly titled in the 3 brothers names (maybe it already is but that needs to be confirmed) then you can take the next steps in selling or having your brother buy out your share. If you can try to start communicating with the brother that is living in the property that would likely make the process a bit easier as well. Good luck and I am here if you need more help. ... Read More

Hello, Congratulations! Buying a house is an exciting milestone and should be treated as such. It can be stressful, but having the right team will alleviate much of the stress. Make sure you find a lender and realtor that you trust and will take the time to answer your questions. Additionally, a real estate attorney like myself would be a great addition to the team. Depending on the contract, you may be choosing the title agent. Title companies often do not have an attorney involved- stay away! For the same price, you can have an attorney guide you and act as closing agent- ensuring the process goes smoothly and painlessly and you are fully protected. If you do not feel comfortable asking people on your team the questions you have about the home buying process, then find a new team member. This is one of the biggest purchases of your life, make sure it is treated as such. ... Read More

Hello, Yes, buying or selling a home does come with certain expenses to either party all of which are dictated by the contract. Anything in the contract is negotiable. I would advise that before you list the house for sale, sit and speak to an experienced real estate attorney like myself who can set your expectations and let you know what expenses will be a seller responsbility. In addition, typically in Palm Beach county the seller chooses the title agent- the same real estate attorney can most likely act as title agent as long as they are properly licensed. This will save you money in the long run. The amount of commission to the realtor does not have to be 6%, you can elect to make it less if you so choose. Make sure you are clear with the realtor from the beginning and all is clearly spelled out in the listing agreement. ... Read More

Hello,  It depends on how title is held. Assuming her and your deceased father owned it as tenants by the entireties, then she should be able to deed the property to whomever she wishes. There is also something called a "lady bird deed" which gives her control and possession of the property for her life but upon her death it automatically vests in whomever she designates. I have handled many situations such as these for people in your exact situation. It is a common issue that can potentially be easily rectified depending on how title is currently held. The fact that she lives in Venezuela is not a problem. If you have additional questions, please do not hesitate to ask. ... Read More

Ok, I'm assuming that neither you nor your mom is married. If this is the case then you file the quit claim deed to mom, then mom executes a separate Lady Bird deed reserving herself a life estate and naming you as beneficiary. However, there are risks, especially with homestead property. The Lady Bird Deed is in effect a will and the remainderman is a beneficiary. This can have title consequences unless spouse or descendants of the life estate holder entitled to the property are included as remaindermen. The following is an excerpt from an article re problems with lady bird deeds   Homestead. Homestead issues must be considered in every transaction and enhanced life estates are no different. Art. X, Sec. 4(c), Fla. Const., restricts the devise of homestead property where the decedent is survived by a spouse or minor child. An enhanced life estate deed differs from a standard life estate deed in one major way; in an enhanced life estate deed, the life tenant retains the ability to divest the remaindermen of their interest in the property until the moment of their death. As such, the transfer to the remaindermen is not complete until the life tenant has died. Therefore, the enhanced life estate essentially becomes a substitute will for the life tenant and, upon the death of the life tenant, the “devise” of homestead property to the remaindermen may run afoul of the Constitutional restrictions on the devise of homestead property. Due to these Constitutional concerns, The Fund will not insure title from an enhanced life estate after the death of the life tenant until any homestead issues have been resolved.  The Fund will consider insuring title in cases where there are homestead issues if an affidavit listing all of the heirs of the deceased life tenant and deeds from the remaindermen and all of the heirs of the deceased life tenant is obtained. Fund Members should contact Fund Underwriting Counsel to discuss the facts of their case. During the lifetime of the life tenant, The Fund may insure a sale or mortgage from the life tenant, without joinder of the remaindermen, to a third-party, bona fide purchaser for full value and consideration or to a third-party lender.... Read More

I'm not sure, but it sounds like they are are offering to take a deed in lieu of forclosure. This in lay-terms is your giving the deed to the owner of a lien on the property to hopefully avoid debt or continuing liability with respect to the property. This can be good or bad for you depending on the status of the property (you usually must pay documentary stamp taxes). Also, you probably want to get release and waiver of debt or right to seek a deficiency judgment. You should seek counsel before acting.... Read More

Sir/Madame, Your rights are determined by the terms of any signed contract. Many contracts have contingencies that allow termination, however, most contingencies or termination rights favor the Buyer, not the Seller. Each case is different and depends upon the terms of the contract. However, mere changing one's mind does not permit a Seller to avoid his contractual obligations to sell the property. You should be cautious; if you default, Buyers can seek remedies such as specific performance, damages, attorney's fees and costs.... Read More