R.E. Attorney Recommendations In The Area

[the searchers]

It does not sound like you have the luxury of time Tujuleez1 but every week on Thursday between 11:00 am and Noon on AM radio 1180 there is a lawyer named Michael Haymens on with a show that covers various local interests. Perhaps you could get some help from him. The phone number for the radio station call in line is 296-1580 area code 941.

[Restrain]

Florida, like other states such as Texas, has a 'promulgated' contract that has the standard required clauses, etc. there are other mandated addenda, such as HOA addenda, pre-1978 lead paint, etc. 99% of the time, this covers every issue. These are 'promulgated' by the state to allow real estate agents to do the work. Attorneys are only involved, as a rule, in title issues and deed prep for the title companies.

Saves you excess attorney costs, etc. if you have a question on a contract, any family law attorney can generally answer your questions.

[kyjake39]

Originally Posted by Big House

Richard Rosenbaum will not offer any legal advice. He is strictly a title company agent.

He will offer advise to his client any question they need in buying or selling property.I have used him in both buying and selling.

[Tujuleez1]

Originally Posted by Restrain

Florida, like other states such as Texas, has a 'promulgated' contract that has the standard required clauses, etc. there are other mandated addenda, such as HOA addenda, pre-1978 lead paint, etc. 99% of the time, this covers every issue. These are 'promulgated' by the state to allow real estate agents to do the work. Attorneys are only involved, as a rule, in title issues and deed prep for the title companies.

Saves you excess attorney costs, etc. if you have a question on a contract, any family law attorney can generally answer your questions.

I've read through the "as-is" contract many times and it seems it all focuses on the time period starting when both parties sign the contract until the closing date or any agreed extension of the closing date. The only exception I know of is when the Seller has title defects and the Buyer notifies the Seller the defects are unacceptable.

Once that happens, you automatically go into a 30 day cure period which gives the seller time to cure the defects. In this case it's a missing trust document. Buyer can only wait. If the buyer wants out, the buyer still must wait the 30 days but notify the Seller within 5 days of the expiration of the cure period. Only then will buyer be able to get the earnest money refunded. If you find another house and want to buy it, you might still find yourself on the hook to buy the first house if the seller cures the defects within the cure period.

That's how I understand it. An attorney with knowledge of Florida real estate laws may tell me something different.

We still want to buy the place, as long as we can get clear and marketable title. But it seems once you enter into the cure period, the seller has all the rights and the buyer has none.

After reading over the contract as many times as I have, it looks like the most the Seller can lose is a buyer while the most the Buyer can lose is the earnest money and whatever the Buyer paid in inspections, appraisal, survey, etc. All the financial risk appears to be on the buyer's part.

[Big House]

Originally Posted by kyjake39

He will offer advise to his client any question they need in buying or selling property.I have used him in both buying and selling.

I have used him on almost 20 deals (both buying and selling). And, he will NOT offer any legal advice. He will tell you that as a Title Company Agent, he is not allowed. Although, if someone wants to ask him, I hope they get quality advice. I USED to recommend him all the time here for anyone that wants to find a title agent....

[Big House]

Originally Posted by mr&mrssunshine

avoid like the plague

I'm sure Mr Sunshine is speaking about Richard Rosenbaum.

[wpc691]

Jack O. Hackett II, Farr Law Firm, Punta Gorda. Our purchase 3 yrs ago was somewhat complicated, so we decided not to go it alone. Jack was very helpful, and as attorneys go, we thought his bill was reasonable.

[Harbor Hopper]

I recently closed on a sale here in Englewood in which the sellers (5 siblings) used BIG L Law to handle everything. They were pleasant to work with and no hiccups.

[Tujuleez1]

Thanks again for the help.

If I understand correctly, when the seller hasn't fixed a title defect prior to closing and it goes into the 30 cure period, the contract remains in force for both parties. So we're still good. Once the 30 days pass, (1) we can walk and get our deposit back, (2) extend the cure period or (3) accept the defect. Even if we were foolish enough to accept the defect, we'd never get the lender to agree to that. So it's 1 or 2.

First house we had a contract on came up with a structural problem, so we cancelled. Now this on the second house. Maybe somebody is trying to tell us something.