Larry Tolchinsky | April 17, 2018
Under Florida Statute 468.8311, home inspection services are defined as “a limited visual examination of the following readily accessible installed systems and components of a home” performed by a licensed home inspector. Those items include: The Structure of The Home Electrical System HVAC System Roof Covering Plumbing System Interior Components Exterior Components and Site Conditions […]
Larry Tolchinsky | March 20, 2018
Florida does not require an attorney to oversee a residential real estate transaction. A buyer can purchase a home or condo in Florida and get a mortgage without getting legal advice from an attorney. A real estate agent can provide standardized contract forms, and a title company can issue title insurance and conduct the closing. […]
Larry Tolchinsky | February 20, 2018
First time home buyers are often anxious because the purchase of their single family home or condominium will likely be the largest transaction of their lifetime. For this reason, a new home buyer may find this process less overwhelming when it is separated into 3 parts. First, there is the contract for sale, which is […]
Larry Tolchinsky | January 1, 2018
In Florida, quitclaim deeds are one of the most common deeds to transfer real estate. (Other common deeds include general warranty deeds, special warranty deeds and personal representative deeds.) This is because a large number of transactions involving quit claim deeds are interfamily transfers (marriage, divorce, probate, etc.) The person signing a signing a quit […]
Larry Tolchinsky | October 31, 2017
Real estate closings in Florida can be complicated and overwhelming to some sellers and buyers. With all of the effort that goes into buying a home, including reviewing the contract and addendum, negotiations, inspections, the loan application process, and the actual closing, it is important to know what to expect when the day comes to […]
Larry Tolchinsky | January 10, 2017
Florida residential real estate transactions are governed by a variety of laws, rules, and regulations. Unfortunately, some real estate agents minimize or ignore these requirements in the name of getting the deal closed. They say they want to keep things simple for buyers and sellers. After all, the standardized forms they use cover all of […]
Larry Tolchinsky | November 29, 2016
The simplest reason that deeds have the seller’s signature sworn before a notary public is to prevent fraud. This is particularly important in real estate transactions where the seller is foreign or is abroad. In fact, our years of Foreclosure Fraud and Robosigning are prime examples of what happens in real estate when there is […]
Larry Tolchinsky | November 1, 2016
In Florida, when a seller and a buyer sign a residential real estate contract for the purchase of a new home or condominium, they create legal duties for themselves. If these duties are not fulfilled, then under the contract there are consequences. Those consequences are spelled out in both the contract and in Florida case […]
Larry Tolchinsky | September 27, 2016
For real estate transactions in Florida the real estate contract controls the deal. This is the common understanding of most real estate professionals. However, these contract terms are based upon long standing legal principles which have been codified and become part of Florida’s contract law. So, a more accurate statement is that Florida contract law […]
Larry Tolchinsky | August 16, 2016
In Florida, in order to have a binding contract to purchase real estate, both the buyer and seller must sign a written agreement that includes the material terms of the deal (price, closing date, description of the property, financing, etc.). That contract controls the transaction and it spells out the parties’ obligation to one another […]
