Articles Posted in Real Estate

Disclaimer Wording in As-Is Real Estate Contracts
James W. Martin, P.A.

Disclaimer clauses are common in contracts for sale of real estate, especially in as-is contracts. An as-is contract generally favors the seller by including wording that limits the seller’s liability to the buyer. For example, the contract might say that the real property is being sold as-is and without any warranties by the seller. It…

Continue reading ›
Surveys: Who Needs Them, Anyway?
James W. Martin

Everyone who deals with real estate in Florida needs a survey. Whether buying, selling, leasing, constructing, lending, or just plain owning real estate, you need a survey. Here’s why: Buyer: You’re buying real estate in Florida and the broker says you don’t need a survey unless the lender requires it. Is that true? Probably not.…

Continue reading ›
Does the Florida Real Estate Seller Need a Lawyer?
James W. Martin

Whether selling a home or an office building, the seller of Florida real estate needs a lawyer. Why? Because the seller has two goals: get paid and avoid litigation. The lawyer’s job is to help the seller get paid by preparing and negotiating the listing and sale contracts, helping the seller through the due diligence…

Continue reading ›
Does the Florida Real Estate Buyer Need a Lawyer?
James W. Martin

When buying real estate in Florida, the buyer needs a lawyer. Why? Because real estate is complicated. There are many pitfalls. And there is usually no one else to watch out for the buyer’s legal interest. Brokers and closing agents usually aren’t lawyers. They are usually transaction agents who don’t represent either side. Only lawyers represent one side…

Continue reading ›
Sad Stories Make Good Lessons
James W. Martin

Sad stories make good lessons. Don’t text and drive. Don’t share your passwords. And don’t spit in the wind. To those I’ll add this one: don’t buy real estate without title insurance. A story in today’s paper tells the sad story: man buys beachfront condo at foreclosure sale; condo has two mortgages, not one; foreclosure…

Continue reading ›
New Florida Law Protects Design Professionals…And Geologists, Too
James W. Martin

Architects, interior designers, landscape architects, engineers, surveyors, and geologists licensed in Florida can breathe a sigh of relief. The Legislature and Governor have given them a new law to limit their liability for negligence, in certain cases, if they jump through the right hoops. And it does not take effect until July 1, 2013. So,…

Continue reading ›
Does A Florida Mortgage Become Unenforceable 2 Years After Death?
James W. Martin

The mortgage follows the note. So, if the note becomes unenforceable, does the mortgage become unenforceable? The Florida Probate Code provides a 2-year statute of limitations on creditor claims, in addition to the 3-month statute of limitations on claims by reasonably ascertainable creditors. If a lender fails to file a claim within 2 years after…

Continue reading ›
Florida Home Looked Like Homestead But Wasn’t
James W. Martin

When a Florida resident dies, the Florida Constitution protects the surviving spouse and minor children from becoming homeless by prohibiting the decedent from leaving the homestead to anyone else. It says “[t]he homestead shall not be subject to devise if the owner is survived by spouse or minor child.” That seems pretty clear. But, apparently,…

Continue reading ›

Get in Touch

Fill out the contact form or call (727) 821-0904 to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Video Conferencing Available

Leave a Message

Disclaimer