Holding title to a property with another person who does not share the same intentions or ideas for the property can lead to divergent interests and quarrels. Often, as a result of either inheritance (the death of a family member that leaves a property to several children or heirs), or holding title to property jointly as either siblings, friends or unmarried couples, title holder interests in the property may not be the same. Title holders may have different ideas about what to do with the property; in particular, how to use, improve, or dispose of it.
Perhaps one party wants to rent the property and respect the late title holders legacy. Perhaps the other title holder wants to sell it and make a profit. If the joint title holders can not reach an agreement, and efforts to negotiate or compromise are getting you nowhere, a Partition Action may be the answer.
A Partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently.
A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it. However, if they don’t agree, a judge can order a partition of the property based on one owner’s request. If done gracefully and with agreement, it can result in a more efficient splitting of the property where all of the former owners are happier owning their own portion. Partition is a remedy that’s usually favored by courts, for the sake of maintaining peace between the parties.
Voluntary Partition vs. Judicial Partition
As Co-owners, you may work out an agreement between eachother and one can buy the other out. This is called a Voluntary Partition. That would require getting an appraisal and finding out the value of the property. And thereafter, the one party that wishes to maintain the property would get a loan or pay the other for their 50% share, via quit claim deed. An attorney can assist with the preparation of the deed, valuation of the property and negotiation.
If all owners don’t agree to the partition, one owner may file a lawsuit asking the courts to compel a partition. This is called a Judicial Partition.
Unlike a voluntary partition, a court-ordered partition usually results in the court ordering the sale of the property and the joint owners to divide the proceeds. If you are the one bringing the partition suit, you need to advise the court why you cant agree. If you are defending the partition suit, as the defendant, certain defenses such as the statutes of limitations and undue delay can be raised to forbid or stop the Partition. Similarly, the court will decide the case based on various factors like rights, titles, and the interests of the parties to the suit.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 16 years experience in the real estate field as well as 20 in the accounting field. Ms. Salcines is available by email to answer all your questions and concerns, without ever charging a consultation fee.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law. It doesn’t matter whether payment is made weekly, monthly or at other regular periods. Also, it doesn’t matter whether the apartment, house, condominium or mobile home is rented from a private person, a corporation or most governmental units. These facts are true even when there is no written “lease” agreement.
A tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. A tenant in federally subsidized rental housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant’s rights. There may also be a written lease that could affect a tenant’s rights. If there is a written lease, it should be carefully reviewed. The Florida Residential Landlord Tenant Act prevails over what the lease says.
A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.
The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem– even if the problem is nonpayment of rent –before the landlord can go to court to have the tenant removed. Tenants receiving a nonpayment-of-rent notice should be aware that a landlord may accept part of the rent owed and still evict the tenant. Tenants renting condominiums should be aware that, in certain circumstances, the condominium association may demand that the tenant pay his or her rent to the association instead of the landlord. Tenants should consult an attorney in this case. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or fails to correct a problem after written notice from the landlord, the landlord still must go to court to be permitted to evict the tenant. In any court proceeding, the tenant has the absolute right to be present, argue his or her case and be represented by an attorney.
If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within 15 days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won’t be returned within 30 days after the tenant leaves the dwelling. The tenant then has the right to object in writing within 15 days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out, the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.
The tenant has the right, under certain very aggravated circumstances caused by the landlord’s neglect, to withhold rent. This can be done only when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven days’ written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should save the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.
Finally, the tenant has the right to move out. If there is a written lease, the tenant should read the lease closely to see if he or she must give up to 60 days’ notice that the tenant does not intend to stay after the lease ends. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven days before the next rent payment is due, if the rent is paid weekly, or 15 days, if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to a major obligation, provided the tenant has sent written notice to the landlord seven days before the rent is due (there are some exceptions to the right to move out).
A tenant also has responsibilities that, if not observed, can lead to eviction. The tenant must pay the agreed-upon rent and do so on time. The tenant must comply with building, housing and health codes. The tenant must maintain the dwelling without damage, other than ordinary wear and tear, keep the dwelling clean and maintain the plumbing. The tenant must not violate the law or disturb the peace, nor allow guests to do so.
In trying to evict a tenant, a landlord will try to prove the tenant violated a tenant responsibility. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to proper authorities. No eviction can occur until the landlord first gives the tenant notice of the problem, and then gets a court order. Without the court order, the landlord has no power to interfere with the tenant. The landlord cannot, for instance, lock a tenant out or cut off a tenant’s utilities. A landlord engaging in this type of prohibited practice may be liable to the tenant for damages in the amount of three months’ rent or actual damages, whichever is higher. The landlord must get a court order of eviction before interfering with the tenant’s occupancy.
If a tenant is served with papers seeking eviction, the tenant should immediately seek legal assistance. The tenant may have legal defenses. For instance, the landlord cannot try to get even with a tenant through eviction when the tenant has not violated tenant responsibilities. To raise defenses in an eviction proceeding, a tenant normally must pay into the court registry past due rent if any is owed and rent that comes due during the proceeding. A tenant who disputes the amount of rent claimed to be due may ask the court to determine the correct amount, but the tenant must show why the amount is wrong. In an eviction proceeding, a tenant has very little time to respond, so quick action is important.
The landlord can never remove the tenant’s property or lock the tenant out. Only the sheriff’s office may do this, after a Court Order and Writ of Possession.
RIGHTS AND DUTIES OF LANDLORDS
If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement. As a landlord, you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.
Your obvious right as a landlord is to receive rent for the use of the property.
Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.
In return for these rights, it is your duty to provide a home that is safe and meets housing code requirements, and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the right of peaceful possession. By renting to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter the home frequently, at odd hours or without notice. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don’t have the right to show the property to possible buyers without notice to and agreement of the tenants.
It is unlawful for a landlord to increase a tenant’s rent or decrease services to a tenant in a discriminatory manner, or threaten to bring an action for possession or other civil action primarily in retaliation against the tenant. Retaliation may be presumed if it occurs after a tenant has complained about housing conditions. It is also unlawful for a landlord to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove tenant’s property, doors or appliances from the home. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages, whichever is greater.
To end the tenancy, if the unit has no written rental agreement or if the lease does not state otherwise and is rented on a month-to-month basis, you must give at least 15 days’ notice in writing before the end of any monthly period; a week-to-week rental period requires seven days’ notice before the end of any weekly period. Any such notice must be in writing and should be delivered personally to the tenant, but it may be posted at the door if tenant is absent from the premises. If the written rental agreement requires that the tenant give notice of up to 60 days before leaving the unit, the landlord is required to give the tenant the same notice period that there is no intention to renew the lease. Tenants renting a foreclosed home that is sold to a new owner must receive at least 30 days’ written notice to vacate the residence after the certificate of title has issued in the foreclosure.
Finally, both the landlord and the tenant have the duty to observe state and local laws concerning the use and condition of the property.
The basic rights and duties mentioned here apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best because it serves as a memorandum of other terms and conditions such as restrictions on the number of adults or children or types of pets to be allowed. And if you wish to provide for lease terms of one year or more, the agreement must be in writing to be enforceable.
If the tenant permanently moves out before the end of the rental term and leaves your property vacant, this usually is considered to be an abandonment of the tenant’s rights. The law presumes an abandonment if the tenant is absent for at least 15 days without previously notifying you of an intent to be absent. After abandonment, you may then re-enter the dwelling unit. The rights and remedies often are complex, and you should consider legal advice or assistance.
The situation is more complicated if the tenant seems to have gone away but has left some personal property on the premises or there is a considerable amount of unpaid rent. In such a case, you should consult an attorney before trying to dispose of the tenant’s possessions or re-renting the property.
Another complicated problem occurs when a tenant fails to pay the rent or refuses to move out at the end of the rental term. Under these circumstances you may evict the tenant, but only after you have taken the proper legal steps to commence an action for possession according to a very specific timetable. You must serve proper notice or notices on the tenant to terminate this rental agreement. If the tenant ignores these notices, you are next required to file a complaint in court and have the tenant properly served with a summons and complaint. Five business days after the complaint is served, you may request the court to set a date for a hearing. However, if the tenant fails to answer the complaint within the five business days or fails to pay the rent that is due then, you can proceed to eviction without having a hearing first, though you must get a court order before evicting the tenant.
If the tenant disputes the amount of rent that is due, the rent does not have to be deposited at the court and a hearing must be held. If you wish to collect money damages from the tenant, you must wait 20 days to set a hearing on damages. At the hearing, you can ask that the tenant be evicted. If the judge agrees that the tenant has violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant. The tenant now has 24 hours to get out of your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant’s belongings. Because these proceedings are so technical, it is wise to have them handled by an attorney. Even if you decide to file the claim yourself in county court, you should have an attorney review the notices you have given and the ways you have served them to make sure you have properly observed all of the necessary requirements of the timetable. A single mistake can result in serious delay in your regaining possession of the property.
Because the landlord/tenant relationship is a legal contract, you should understand its various provisions before you rent your property to anyone. Remember that, as a landlord, you will be required to provide living quarters that are safe and keep them in good repair. Your obligations for repairs can sometimes be limited under the lease. You will have to turn over possession of the property to the tenant, free from unnecessary interference from you. In return, you may collect rent and, on reasonable notice or in cases of emergency, may inspect the property. At the end of the rental term, the property must be returned to you with no damage beyond ordinary wear and tear. The landlord has certain duties to account for or refund tenant deposits upon termination of the tenancy. Many of these basic conditions apply whether or not there is a written agreement.
Evictions are expensive and time consuming. And often, issues that arise can be resolved out of court.
However, if you require a letter or eviction filing, with over 16 years experience in real estate law and litigation, we are here to help.
At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines, as a real estate attorney for the past 16 years and holding a dual degree as an accountant, we can protect your interests and your investment.
The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
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Anyone who rents a dwelling in Florida is covered under Florida Statutes Chapter 83. Many tenants are not aware of their rights when renting, particularly with respect to the condition of the property and what the Landlord is required to do. The following is a short but non-inclusive list of landlord duties under the terms of a written or verbal lease in Miami Dade County:
LANDLORD OBLIGATIONS
Roof must not leak;
The walls must be water and weather tight;
The stairs must be safe;
Windows and doors must be weather tight and rodent proof;
Outside doors must have proper locks;
Windows can not have cracks or holes;
Inside floors, ceilings and walls must be in good repair,
Must have hot water;
Must have working water and flushing toilet;
Good working condition of heating and electrical
MUST ADVISE LANDLORD IN WRITING
Any violation of the above requires WRITTEN notice to the Landlord if landlord breach.
Many tenants feel that sending a text message or voicemail is ok as to meet the notice requirements. However, under Fla. Statutes, landlords must be placed on written notice of the problem in order to allow them to correct it. Thereafter, A landlord can not evict a tenant because the tenant is complaining of the property being in disrepair. This is called retaliatory eviction and is not tolerated by the courts.
A landlord can not cut off water or electrical to the tenant merely because they have stopped paying rent.
Evictions are expensive and time consuming. And often, issues that arise can be resolved out of court.
However, if you require a letter or eviction filing, with over 16 years experience in real estate law and litigation, we are here to help.
At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines, as a real estate attorney for the past 16 years and holding a dual degree as an accountant, we can protect your interests and your investment.
The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
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If your home sold in foreclosure and after the sale, there are funds left over, you may be entitled to collect those funds. This is called SURPLUS FUNDS, that is, the winning bidder paid more than the amount of the judgment. Pursuant to Florida Statutes, the homeowner and borrower is entitled to request the surplus funds which are paid to it by the Clerk of the Court.
There is certain eligibility requirements to make a motion for the surplus funds, including being the homeowner and others. And the courts generally give it to the first person that makes a bid. That means that the first person to file a motion and have it heard and granted by the Judge, will be the winning party.
At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for filing a Motion for Surplus Funds and have represented hundreds of homeowners in foreclosure, including those vying for such funds.
Allow my team of attorneys and accountants to go to work for you to file a Motion for Surplus Funds on your behalf.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 15 years experience in the foreclosure, mortgage and real estate field as well as 20 in the accounting field. Ms. Salcines has been helping homeowners in foreclosure for over 10 years and is available by email to answer all your questions and concerns, without ever charging a consultation fee.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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Recent months have experienced an avalanche of less than savvy investors entering the foreclosure auction arena to try their luck on bidding on foreclosed properties. Many of these novice investors believe that they are getting a great deal because they are acquiring properties worth thousands for very little. What they do not realize, is that they are bidding on Homeowner Association and Condominium Association foreclosure liens. That is, that once they are the successful bidder and pay the fee to the county, the now own the property, often with a first mortgage and accompanying liens.
The Homeowner Association and Condominium Association foreclosure judgment and subsequent successful bid on the auction, does not wipe out first mortgages, second mortgages, or any liens on the property. It merely pays the association the maintenance and assessments the homeowners failed to pay. And the new Certificate of Title holder is left with a property that they can only rent temporarily until the mortgage company forecloses or obtains a judgment and places at auction as well..
HIRE AN ATTORNEY TO RUN A LIEN SEARCH PRIOR TO BIDDING
There are many things investors can do to protect themselves prior to bidding. First and foremost, hire an attorney to run a title search and examination and provide an Owners and Encumbrance letter. This typically costs between $150.00 to $200.00 and results in peace of mind. Knowing whether bidding is smart or not.
IF YOU ALREADY BID, NOW WHAT
Even if you bid and were the successful bidder and now acquired the property without examining title, there is still Hope. At the Law Offices of Jacqueline Salcines, PA we have helped hundreds of third party bidders negotiate the title back to the prior owner, and recuperate what they paid at the auction. Or, in the alternative, you may be able to negotiate with the private lender or bank to settle the mortgage amounts and remove the mortgage from the title.
At the Law Offices of Jacqueline A. Salcines, PA, the firms’ lead attorney, Jacqueline A. Salcines, Esq., brings extensive knowledge and expertise in the field of negotiating and settling debt for pennies on the dollar. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy.
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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HELOC loans, or Home Equity Lines of Credit, are great loans for helping with closing costs at the time of purchase, or for helping pay for vehicles, or house repairs, or any emergency. However, when the balance of your first mortgage exceeds the fair market value of your home, or the first and HELOC added together total more than your home is worth, HELOC’s become not so fun and endearing. In fact, many homeowners want to knock themselves over the head for taking them out and now having to be stuck in an underwater property.
But, what many borrowers do not know if the hidden secret behind HELOC’s and the lenders who hold them.
At the beginning the HELOC’s have very low interest rates, or are interest only, causing only a $200 or $250.00 dent in the borrowers pocketbook. But as the amortizing HELOC’s now reach maturity or rate adjustments, homeowners are finding themselves unable to make the payments.
That’s where we come in.
ORDER AN APPRAISAL AND KNOW WHAT YOUR HOME IS WORTH
If the home is upside down, meaning you owe more than its worth (with both mortgages added together), the majority of lenders will not foreclose or even attempt collection efforts, since they know they are in second position of priority. Therefore, the solution here is settlement. Not modification.
At the Law Offices of Jacqueline Salcines, PA, we handle hundreds of these second HELOC mortgage negotiations and have experience in settling them. By first ordering the appraisal and a payoff of the first mortgage, we know how to approach the lender to make a case for 100% settlement and write off of the HELOC loan. Often lenders have faulty assignments, have lost notes, and the debt is uncollectable merely because they don’t have the documents to pursue the foreclosure collection in court. When these scenarios arise, the majority of the lenders will agree to this position and sign a Satisfaction of Mortgage and release of the lien.
SETTLEMENT OPTIONS
If not agreeable, then they may still settle for pennies on the dollar, again not a modification! A loan settlement means that they may agree to accept $1,500.00 or $2,000.00 on a loan of $150,000.00 or $200,000 (10 percent to the total debt owed) And the remainder is not paid in installments. Rather, it is completely erased and forgiven. So the only remaining loan on the property is the first mortgage.
At the Law Offices of Jacqueline A. Salcines, PA, we have extensive, over 25 combined years experience in navigating through mortgage, real estate and debt settlement law to get the possible results for our clients. HELOC loans can be troublesome. But we can help you navigate through the maze of homeownership and HELOC’s. Knowing the type of loan settlement you can qualify for and whether the servicer participates is our job.
Allow us to put our knowledge and expertise to work for you. The first consultation is always free of charge and can determine, after careful examination of the above details, provide options available to you. Call today.
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Real estate disputes often arise because a party to the transaction has committed a breach of contract. A common dispute occurs when a buyer faces a seller who is wrongfully refusing to transfer title to the buyer or when either the buyer or seller has defaulted on a purchase agreement or other contract in connection to the real estate transaction. Unless otherwise limited by the legal document, there are three basic remedies available to the wronged party.
Money Damages
In Florida, a buyer who breaches a sales contract may be liable to the seller for monetary damages. This is usually calculated as the difference between the contracted price and the market value (minus any deposits or other monies the breaching buyer has already given to the seller). The seller may alternatively bring an action for specific performance (described below); however, specific performance is usually more effectively used by a wronged buyer than buy a wronged seller. The reason being that a breaching buyer will simply claim that he cannot financially satisfy a judicial decree requiring him to purchase the subject property.
Termination of the Contract
In some cases, the best remedy to seek is termination of the contract. This usually involves the buyer being refunded his or her deposit as well as expenses incurred during the failed transaction such as attorney fees, survey fees, title inspection fees and other costs of examination.
Specific Performance of the Contract
An action requesting specific performance involves a party asking the court to force the opposing party to perform their contractual obligations. A judge ruling that the seller MUST sell the house to the buyer is an example of specific performance being uses as a remedy.
Liquidated Damages
Parties to a contract may want to agree in advance as to the amount that will be owed by a breaching party. This amount will be set forth in the contract and will not be disputed if a breach occurs. However, in order for liquidated damages to be enforceable, they cannot act as a form of punishment against the breaching party. Additionally, liquidated damages will usually only be enforceable if it is determined that calculating actual damages for the particular breach at issue is difficult and the liquidated damages are reasonable under the circumstances. An example of liquidated damages can be found in a standard Residential Sales Contract which states that if the Buyer fails to perform his/her obligations under the contract, the seller is entitled to keep the deposit.
Have an Experienced Real Estate Attorney
It is important to have an experienced attorney, capable of formulating a winning strategy to handle your breach of contract case. Breach of contract cases are filled with obstacle. We will work side by side with you to compensate you due to the wrongdoing of a buyer or seller.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of real estate, contract law and negotiating contracts and litigating disputes. We are here to help iron out issues and move the transaction from conflict to resolution. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in drafting contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get sellers and buyers to the result anticipated when signing the contract.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 16 years. She brings her knowledge and experience to every real estate contract transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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Over the past 16 YEARS, The Law Offices of Jacqueline A. Salcines, PA has represented first time home buyers and sophisticated home buyers purchasing multi-million dollar homes. Our unmatched experience stems from thousands of real estate transactions that we have been involved in over the past 16 years. We are capable of guiding buyers through the entire purchase process and keeping our clients away from real estate pitfalls in which the unguided are prone to fall. Our firm is known for its detailed attention to each and every client we represent. In representing buyers, our primary goal is to make sure that you are fully educated as to what you are acquiring. This goes beyond the face of the home listing. To be certain that your investment is sound, you need an experienced attorney who can fully inform you of any defects, legal encumbrances, liens and other issues the property may have that are not apparent to the untrained eye.
Representation of Buyers and Sellers without Realtors
Today with the internet and access to pertinent real estate information such as comparables, comprehensive online listings, market projections, market history, market tends and financing options at your fingertips, many buyers and sellers alike are forgoing the need to hire a licensed real estate agent or Realtor. Many buyers and sellers can no longer justify the commissions paid to real estate agents when the value of the services that agents provide are arguably heavily diminished due to the fact that buyers and sellers now have access to the same information to perform due diligence traditionally only attainable by Realtors.
Without a doubt, any party to a real estate transaction that does choose to pursue their real estate venture without a Realtor must understand that it is absolutely critical that they have a real estate attorney on their side. There are many legal questions that arise in any given real estate transaction that carry significant consequences if not addressed and understood. These legal questions may range from issues stemming from the Purchase Agreement to the legality of an additional room built in a home without appropriate permits. At The Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines takes great pride in representing empowered buyers and sellers that forego the services of a Realtor and we will work to make sure that your purchase or sale is conducted in a diligent manner.
As a buyer or seller utilizing our firm, you also have the added benefit of having attorney Jacqueline Salcines hold the dual title of Real Estate Attorney,, Accountant and Title Agent. At the Law Offices of Jacqueline A. Salcines, PA we will assist you with all your title and closing needs. We have extensive experience and knowledge to assist all of your real estate need.
Real Estate Agent/Buyer-Seller Disputes
The acquisition of real property is usually an individual’s or entity’s largest capital expenditure. The real estate agent and client may not always be on the same page due to the variety of variables contemplated by parties when undertaking a real estate transaction. The dynamics involved in such transactions often lead the parties of the relationship to believe that there is a complete meeting of the minds, when there really was only a partial mutual understanding or perhaps none at all. One reason that we witness this recurring theme is due to the expedited nature of buying real property. Broker/agents thrive on volume, sellers want to cash out quick and buyers want to close a deal and move forward. This is an inherent formula that equates to agent/buyer-seller disputes.
Jacqueline Salcines, Esq. is experienced and ready to pursue or defend Real Estate Agent-Broker/Client disputes concerning:
PROTECTING YOUR INTERESTS IN A REAL ESTATE TRANSACTION
Property values and real estate sales in South Florida and across almost all parts of the country are thriving. However, with so few properties on the market, buyers are scrambling to still find deals, while sellers want the most bang for their buck. Negotiating savvy deals has become a crucial part of the real estate transaction more than ever. And getting a Contract for Sale and Purchase is only the beginning of the equation.
Financing often falls through. Negotiations can reach an impasse. Appraisals and inspections may not come out as anticipated and expected. And the business deal may just not turn out as planned.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating contract and disputes. We are here to help iron out issues and move the transaction from conflict to the closing table. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in drafting contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get sellers and buyers to the result anticipated when signing the contract.
We bring our 16 years of experience in the following areas:
Commercial and Residential Real Estate Closings
Home Refinance and Loan Settlement Services
Condominium Purchases and Sales
REO Purchases
FIRPTA Implications at Closing
1031 Tax-Deferred Exchanges
Drafting and Negotiating Purchase Contracts
Short Sales and Foreclosure Defense
Lease Agreement
Removal of Tenants for Closings
For more than 16 years, Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-09-05 17:56:322022-12-20 13:59:07FLORIDA REAL ESTATE ATTORNEY AND TITLE AGENT
The filing of a lis pendens on your property acts as a bar to selling or transferring the title to the property. In essence, it works to place everyone on notice that someone is making a claim of interest against your property.
Lis pendens can arise from the initiation of a mortgage foreclosure action, from a divorce. A lis pendens can also arise from a quiet title action or a myriad of other actions in Florida.
Lis Pendens can be negotiated and released however. It takes a savvy attorney to research why it was placed on the property’s title and to have it released.
At the Law Offices of Jacqueline A. Salcines, PA, we have been negotiating lis pendens for over 16 years and have represented hundreds of homeowners facing foreclosure or buying homes with lis pendens on them.
Allow my team of attorneys and accountants to go to work for you to negotiate this on your behalf.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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