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 | July 26, 2016
In Florida, buyers breach real estate contracts all of the time and in all sorts of ways. When a buyer fails to meet his or her obligations under a sales contract, often times it leaves the seller wondering what steps to take now that the buyer has failed to close the transaction. Should the seller […]
Larry Tolchinsky | July 19, 2016
Under Florida law, a “bona fide purchaser” of real estate is afforded certain protections including ownership and title. The rule essentially provides a buyer with superior rights to property over those who may have valid interests in the property, albeit unrecorded ones. The recording of documents in the public records are done so for important […]
Larry Tolchinsky | July 12, 2016
In Florida, often times right before a residential real estate transaction is set to close the deal is derailed because of conflicting legal interests between the parties to the transaction (the seller and the buyer) and a third party with an interest in the property. Who are these third parties? Two common examples: contractors who […]
Larry Tolchinsky | September 29, 2015
Last Update: 02/22/16 In South Florida, when a seller is told by a buyer’s title examiner that there is a “title issue,” that usually means that there is some sort of lien, defect or encumbrance in the public records which clouds the title to the property. In most instances, buyers won’t take ownership of property […]
Larry Tolchinsky | September 15, 2015
One big surprise that often appears in the chain of title to real property that is being sold here in Florida (condos, townhouses, and single family residences) is a “Notice Of Lis Pendens.” Unfortunately, the discovery of one of these notices, in many instances, catches just as many sellers off-guard as they do prospective buyers. […]
Larry Tolchinsky | June 2, 2015
Last Update: 3/6/18 When you buy a house or other residential real estate here in Florida, you are buying both the land as well as the improvements to the property (the building, the plumbing and sewage systems, the fence, the landscaping, etc.). If you are buying a condominium, then you are buying an undivided shared […]
Larry Tolchinsky | May 12, 2015
Last Update: 04/18/16 You live in Florida and you just got divorced. The two of you bought a house while you were married, which is usually the most valuable marital asset. The judge finalized your divorce, but ownership and how the home is to be disposed of wasn’t mentioned or adequately addressed in the settlement […]
Larry Tolchinsky | April 21, 2015
Last Update: 3/6/18 Closings for residential real estate (homes, condos) are often held at the offices of title companies here in South Florida (even though most real estate lawyers will close a transaction at no additional cost). One of the most important aspects of a real estate closing, is the title work, which is an […]
