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New Florida Law Limits Persons from Foreign Countries including Venezuela and China from Acquiring Real Property

  • Chapter 2023-33, enacted on May 8, 2023, would limit select persons from the People’s Republic of China (PRC) from owning, having a “controlling interest” in or acquiring additional real property in Florida on and after July 1, 2023. In addition, the act would limit select persons from other “foreign countries of concern” from owning, having a controlling interest in or acquiring additional agricultural land as well as land near military installations and critical infrastructure facilities.
  • “Foreign countries of concern” include the PRC, Russian Federation, Islamic Republic of Iran, Democratic People’s Republic of Korea, Republic of Cuba, Syrian Arab Republic and the Venezuelan regime of Nicolás Maduro.
  • Exceptions apply involving a de minimis indirect interest in real property, security interest in real property and grandfathered property acquired before July 1, 2023.
  • Criminal and civil penalties are attached to violations of the act, but a lawsuit has been filed seeking an injunction against the law’s implementation.

Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from “foreign countries of concern” from directly or indirectly owning, having a controlling interest in or acquiring by purchase, grant, devise or descent any interest in any additional real property in Florida on or after July 1, 2023. The foreign countries of concern include the People’s Republic of China (PRC), Russian Federation, Islamic Republic of Iran, Democratic People’s Republic of Korea, Republic of Cuba, Syrian Arab Republic and the Venezuelan regime of Nicolás Maduro.

The select persons affected in those countries, referred to as “foreign principals,” include government officials or members of parties from those countries such as the Chinese Communist Party (CCP); entities or a subsidiary organized or having a principal place of business there; persons domiciled there and who are not citizens or lawful permanent residents of the U.S.; and any such person having a controlling interest in an entity or subsidiary formed for the purpose of owning real property in Florida. Similar legislation is pending in additional states; e.g., Texas (SB 147) and Louisiana (HB 537).

Overview of Chapter 2023-33

Under Chapter 2023-33, select persons from the PRC are prohibited from directly or indirectly owning, having a controlling interest in or acquiring by the aforementioned methods any interest in additional real property in Florida after July 1, 2023. Foreign principals from other foreign countries of concern may not do likewise with respect exclusively to additional agricultural land or real property within 10 miles of a “military installation” or certain facilities characterized as “critical infrastructure.” The pertinent “military installations” must be at least 10 contiguous acres. “Critical infrastructure facilities” includes a chemical manufacturing facility, refinery, electrical power plant, water treatment facility, wastewater treatment plant, liquid natural gas (LNG) terminal, telecommunications central switching office, gas processing plant, seaport, spaceport and airport.

Owning and acquiring this type of real property is limited, but so is having a “controlling interest” in any real property in Florida. “Controlling interest” is defined as “possession of the power to direct or cause the direction of the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person or entity that directly or indirectly has the right to vote 25 percent or more of the voting interests of the company or is entitled to 25 percent or more of its profits is presumed to possess a controlling interest.” “Real property” means “land, buildings, fixtures and all other improvements to land.”

Exceptions to the Law

The act contains exceptions. For example, a person may possess a “de minimis indirect interest” in land. This is an ownership interest that “is the result of the person’s or entity’s ownership of registered equities in a publicly traded company owning the land and if the person’s or entity’s ownership interest in the company is either less than 5 percent of any class of registered equities or less than 5 percent in the aggregate in multiple classes of registered equities; or a noncontrolling interest in an entity controlled by a company that is both registered with the U.S. Securities and Exchange Commission (SEC) as an investment adviser … and is not a foreign entity.”

In addition, a foreign principal may acquire additional real property in Florida after July 1, 2023, by devise or descent, through the enforcement of security interest or through the collection of debts, provided that the person sells, transfers or otherwise divests itself of such real property within three years after acquiring the real property.

Moreover, natural persons who hold a current visa not merely for tourism or official documents confirming asylum in the U.S., where such documentation authorizes the person to be legally present within Florida, may acquire up to 2 acres not on or within 5 miles of any military installation in the name of the person who holds the visa or official documents. These persons may still not acquire agricultural land.

The act also has a grandfather clause for property acquired before July 1, 2023. Foreign principals who owned or acquired an interest (greater than a de minimis interest) in real property before July 1, 2023, may continue to own or hold the real property but may not purchase or otherwise acquire by grant, devise or descent any additional real property in Florida. Persons who exercise this exception and others must register with the Florida Department of Economic Opportunity (FDEO).

Penalties for Violations

Both criminal and civil penalties attach to violations of the act. A person who fails timely to file a registration with FDEO is subject to a civil penalty of $1,000 for each day that the registration is late. FDEO or the Florida Department of Agriculture and Consumer Services (FDACS) may also initiate a civil action in circuit court for the forfeiture of the real property or any interest acquired in violation of the act. A foreign principal that purchases and a person who knowingly sells real property or any interest therein may commit a misdemeanor, but it can be a felony to violate the section prohibiting select persons from the PRC from acquiring additional real property. Closing agents with actual knowledge that a transaction will result in a violation of the act may also be penalized.

Recent Developments

On May 22, 2023, a lawsuit was filed in the U.S. District Court for the Northern District of Florida seeking an injunction against implementation of Chapter 2023-33, claiming that the law violates the Equal Protection Clause, Due Process Clause and Supremacy Clause of the U.S. Constitution and the Fair Housing Act. Meanwhile, the act authorizes the FDEO, FDACS and Florida Real Estate Commission (FREC) to begin rulemaking concerning each of these requirements. The rulemaking process would enable stakeholders to comment and influence the final rules.

If you would like assistance with commenting on rules or if you have questions about interpreting the law, please contact Jacqueline Salcines, Esq.

Contact Our Florida Real Estate Attorney Today

At Jacqueline A. Salcines, PA, our Real Estate lawyer is well versed and experienced to assist foreigners, buyers and sellers with the purchase of real estate in Florida. If you have any questions about the new law, or when the new real estate laws take effect, we are more than ready to help. Get in touch with us by phone at 305-669-5280 or contact us online for your completely private case review. Our law firm provides real estate representation in Coral Gables, Miami-Dade County, Broward, and all across South Florida. 

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Real Estate Transactions: How to Protect Your Rights When Buying and Selling Property

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Buying or selling real property is one of the largest investments that most homeowners and business owners make. Florida has one of the hottest real estate markets in the country. According to the latest data from Zillow, the median home price in the state is now $377,706, and the median home that is for sale goes pending in just 31 days. Commercial property is even more expensive. 

Whether you are buying property or selling property, it is imperative that you take the proper steps to protect your rights and your interests. At Jacqueline A. Salcines, PA, our team works hand-in-hand with buyers and sellers through real estate transactions. Here, our Coral Gables real estate law attorney highlights key things to know about buying and selling property in Florida.  

Do the Research: Make Sure Clarify Your Goals and Know the Market 

As there is a lot on the line with a residential or commercial real estate transaction, it is crucial that you do your research—and this requires having a clear understanding of your goals. Familiarize yourself with the local real estate market by reviewing recent sales, comparable properties, and market trends. Doing so will put you in the best possible position to make informed decisions and set your expectations. Research is important for both buyers and sellers. Key considerations include location, property type, budget, and potential return on investment. By clarifying your goals and having a solid grasp of the market, you can best navigate real estate transactions. 

Seek Professional Guidance and Support 

You do not have to figure everything out on your own. Both residential real estate transactions and commercial real estate transactions can be complex. Seeking professional guidance and support provides much-needed protection. A South Florida real estate lawyer who has a deep knowledge of the law and a comprehensive understanding of the local market can make a big difference. An attorney’s expertise can guide you through the negotiation process, provide insights into market conditions, and ensure compliance with legal requirements. 

Know the Importance of the Contract (Carefully Review the Language)

With real estate transactions, the contract is everything. Do not go by verbal representations. Whether you are a buyer or a seller, you need to review (and understand) the contract language. If any sort of legal dispute or other issue arises, the contract will be used to resolve the matter. A real estate purchase agreement should outline the terms and conditions agreed upon by both parties. 

To safeguard your rights, it is imperative to carefully review the language and ensure you understand each provision. Pay particular attention to clauses related to contingencies, disclosures, deadlines, and penalties. Consult with a real estate attorney if necessary to clarify any ambiguous terms and negotiate changes if needed. A well-drafted and thoroughly reviewed contract will not only reduce the risk of problems, but it will also help to protect your rights if any arise. 

Three Key Tips for Homebuyers in Florida

With picturesque beaches and great weather, South Florida attracts homebuyers from across the country. Whether you are a local or you are moving to the state, you must act to protect your rights and interests when buying property. Here are three tips for homebuyers in Florida.

  • Know How to Effectively Use Contingency Periods: Contingency periods are an important part of any real estate transaction for buyers. During this time, the buyer can conduct inspections, appraisals, and other due diligence activities. In Florida, contingency periods can vary in length. You should refer to any agreement to clarify the deadline. 
  • Make Sure You Have a Full Understanding of the Costs: Cost matters. Beyond the purchase prices, costs include closing, property taxes, and insurance. It is essential to have a full understanding of these costs before making a final offer on a home in South Florida. You should also factor in the cost of any repairs or renovations that may be necessary.
  • Do Your Due Diligence (Inspection): You need to know what you are buying as it is represented. It is essential to have a thorough inspection of the property before closing. You should also research the neighborhood and surrounding areas to ensure that the property is in a safe and desirable location.

Three Key Tips for Homesellers in Florida

If you are planning to sell your home in Florida, there are several factors that you should keep in mind to ensure that you get the best possible price for your property and to avoid any potential legal headaches down the road. Here are three key tips for sellers in Florida. 

  • Know the Value of Your Property: A critical factor in selling your home is to know its value. Conduct a thorough analysis of the current market conditions, including things like recent sales of similar properties in your area. Knowledge is power. 
  • Be Sure to Meet All Disclosure Requirements: In Florida, sellers are required to disclose any known defects or issues with the property to potential buyers. Failure to do so could be a very serious problem, you could even be held legally liable for the damages sustained by a buyer. Compliance with residential disclosure requirements is a must.
  • Ensure the Purchase Contract is Pristine: The purchase contract is the core legal document that specifies the terms of the sale. Be sure that the contract is clear, concise, and free of any errors. A seemingly small mistake could cost a home seller thousands of dollars in the long run. You should consult with a Florida real estate attorney to ensure that the contract is legally sound and in your best interests. 

Speak to Our Florida Real Estate Transactions Lawyer Today

At Jacqueline A. Salcines, PA, our Florida real estate transactions attorney provides the solutions-first legal guidance and support that you can trust. We protect the rights of buyers and sellers in real estate transactions. Call us now at 305-669-5280 or contact us online for a fully private case review. With a legal office in Coral Gables, our firm serves real estate buyers and real estate sellers in Miami-Dade County and throughout all of Southeastern Florida. 

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Five Things You Need to Know About the Real Estate Closing Process

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Real estate is one of the most important industries in the United States. The Congressional Research Service (CRS) estimates that this sector of the economy makes up nearly 12% of our nation’s gross domestic product (GDP). For many people, a real estate purchase (or real estate sale) is one of the most consequential transactions that they will ever make. 

Whether you are buying or selling residential or commercial property, it is crucial that you have an understanding of the real estate closing process. At Jacqueline A. Salcines, PA, we represent buyers, sellers, lenders, borrowers, developers, and brokers. Here, our Coral Gables real estate attorney highlights five key things that you need to know about the real estate closing process in Florida. 

  1. A Real Estate Closing is the Final Step in the Buying and Selling Process

To start, it is important to understand that a real estate closing is the final step in a transaction for the buying/selling of real property. The Legal Information Institute defines a real estate closing as the culmination of a deal and the moment “when the parties exchange deeds for payment and final signatures.” In other words, a real estate closing is the formal part of the process whereby the ownership of the property is transferred from the seller to the buyer. Most notably, a real estate closing is when the buyer pays the purchase price, and the seller officially transfers the property’s ownership to the buyer. Until a deal is “closed,” it is not done. Terms can change—and the transaction could potentially still be called off. It is important to get the closing right. 

  1. Funds are Protected Within an Escrow Account

Once an initial agreement to purchase real estate is reached, the buyer will generally put down some money as a deposit. You may hear these funds referred to simply as earnest deposit money. These funds are used to “hold” the property while the deal is going through the closing process. 

Where does this money go? It is typically held in escrow. An escrow account is set up by a neutral third party, known as an escrow agent, to hold the funds for the purchase of the property until the closing. The escrow agent acts as a neutral intermediary and ensures that the funds are disbursed correctly at the time of closing.

As explained by the Consumer Financial Protection Bureau (CFPB), escrow is legally required for certain types of mortgage transactions. Though even when not required, escrow accounts are still used in virtually all residential and commercial real estate transactions. If you have any questions about escrow, an experienced Florida real estate closing lawyer can help. 

  1. A Title Search and Title Insurance are Key Parts of a Real Estate Closing for Buyers

How do you know who owns real estate? How do you know that the property in question is free and clear of any potential claims? This is where a title search comes into play. For homebuyers and commercial property buyers in Florida, a title search is a critically important aspect of the closing process. Among other things, a title search involves researching the history of the property to ensure that the seller has the legal right to sell the property. All buyers should consult with a Florida real estate closing lawyer who has experience with a title search. Title insurance is also important. Simply put, title insurance is a form of coverage that protects the buyer from any potential claims or disputes that may arise from the title of the property.

  1. The Timeline of the Real Estate Closing Process Varies Based on Several Factors 

One of the most common questions that people have about real estate transactions in Florida is: How long does the real estate closing process typically take? The most accurate answer is that it depends on a wide range of different factors, including the complexity of the transaction, the type of property, and the availability of all parties involved. For residential real estate in South Florida, a general timeline for a real estate closing is 30 to 60 days. In other words, it typically takes somewhere between one month and two months from the date an agreement is reached until a residential real estate transaction is finalized (closed). Commercial real estate closings typically, but not always, take a bit longer to close. 

  1. Get it Right: Residential/Commercial Transactions Can Fall Apart Until the Last Minute

One of the most important things to remember about real estate closings is that the transaction is not done until the closing is complete. Even when an agreement has been reached, and all parties are on good terms, many different issues can still arise. Indeed, it is not uncommon for things to go wrong in a real estate transaction between the agreement and the actual closing. 

It is essential for buyers, sellers, and other implicated parties to review all documents and be aware of any contingencies that could potentially disrupt the closing process. Even in the last stages of the process, it is important to be vigilant to ensure that the transaction goes smoothly. You do not have to go it alone. A Florida real estate lawyer with experience handling title issues and real estate closings can help you navigate the process and ensure that your rights and your interests are protected each and every step of the way. 

Contact Our Coral Gables, FL, Real Estate Closing Lawyer Today

At Jacqueline A. Salcines, PA, our Florida real estate lawyers are committed to representing buyers, sellers, lenders, borrowers, developers, and brokers with a comprehensive range of real estate and title needs. If you have any questions about real estate closings, we are here to help. Call us at 305-669-5280 or send us a direct message for a confidential consultation. From our Coral Gables law office, we are well-positioned to handle real estate closings throughout Southeast Florida. 

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Five Real Estate Transaction Frequently Asked Questions (FAQs)

South Florida has one of the most dynamic real estate markets in the entire country. At Jacqueline A. Salcines, PA, we work closely with buyers, sellers, and lenders in complex real estate transactions. With experience in residential and commercial property transactions, our firm is committed to protecting the best interests of our clients and helping them achieve their goals. We want to make sure that our clients have the knowledge they need. Here,  our Coral Gables real estate law attorney answers five of the most frequently asked questions (FAQs) about real estate transactions in Florida. 

  1. What is an Earnest Money Deposit and How Does it Work When Buying a Home?

The personal finance company NerdWallet explains that earnest money is a “good-faith deposit you make on a home to show the seller you’re serious about buying.” In virtually every residential real estate transaction that is completed in Florida, the buyer will have been required to put down some form of earnest deposit money. In effect, earnest money “holds” the property for the prospective buyer while the purchase contract is being finalized. The amount of earnest deposit money required is generally negotiated by the parties. Most often, it is between one percent and three percent of the total sale price. 

When the transaction is finalized, the earnest money will simply be applied to the sale as part of the down payment. What happens if the home purchase agreement falls through? It will depend on exactly what happened and why. The terms of the contract matter. There are many circumstances in which buyers can get their earnest money back—such as when they have a contingency for a home inspection, and they do not like the results of the inspection. However, there are also some circumstances in which a seller may be justified in retaining the earnest money. 

  1. What Steps Should a Buyer Take Before Purchasing Real Estate in Florida?

Are you considering purchasing residential or commercial real estate in Miami-Dade County or elsewhere in South Florida? There are several important steps that you should take to protect your rights and interests. Key things that prospective real estate buyers should do include: 

  • Carefully determine your budget and financing options so that you are in the right position to find the best available property; 
  • Comprehensively research the area to ensure that you have a full understanding of what is available; 
  • Get pre-approved for a mortgage (or ensure other financing is in place), get the property inspected by a reliable professional, and initiate a title search; and 
  • Consult with an experienced real estate attorney who can help negotiate and review the purchase contract to ensure you are fully protected. 
  1. What is a Title Search in a Real Estate Transaction and Why is it Important?

A title search is an important part of a major residential or commercial real estate transaction in Florida. As simply defined by Investopedia, a title search is “an examination of public records to determine and confirm a property’s legal ownership.” Put another way, a title search helps to ensure that the property being purchased is actually owned by the seller and that there are no outstanding liens or claims on the property. Most often, a title search is a process that involves examining a wide array of public records to determine the ownership history of the property, as well as any encumbrances, such as mortgages, liens, or easements, that may be attached to it.

The importance of a comprehensive title search cannot be overstated. From the perspective of a residential homebuyer or commercial property buyer, the purpose of a title search is to provide peace of mind that they are purchasing a property that is free and clear of any legal issues that could potentially arise in the future. As a title search is often a prerequisite for obtaining title insurance, it also helps to protect the buyer from unexpected financial obligations or disputes over ownership. 

  1. What Makes Commercial Real Estate Transactions Different?

While residential real estate transactions are certainly complicated, commercial real estate transactions in Florida tend to be even more complex. Some notable reasons why commercial real estate transactions are different than residential real estate transactions include the following: 

  • The unique type of property involved; 
  • Zoning and other land use restrictions or requirements; 
  • Issues related to the financing of commercial property; 
  • Assignments of leases and other commercial leasing matters; and
  • The size, scope, and complexity of the transaction. 

Overall, commercial real estate transactions are different from residential real estate transactions due to the type of property involved, the purpose of the property, the size and complexity of the transaction, and the financing arrangements. 

  1. How Can a Florida Real Estate Attorney Help With the Purchase or Sell of Property?

Whether you are buying or selling residential property or commercial property, it is crucial that you have the right professional representation. Real estate is a major transaction. A South Florida real estate attorney can provide a range of services to help with the purchase or sale of property. This includes reviewing and negotiating the terms of a real estate contract, conducting a title search to determine the ownership history of the property and identify any liens or encumbrances, handling the closing process, and providing legal representation in the event of a dispute or legal issue related to the purchase or sale. You do not have to navigate such an important transaction alone. An experienced Florida real estate lawyer will ensure that your rights and interests are properly protected through every step of the process. 

Contact Our Coral Gables, FL, Real Estate Transaction Attorney Today

At Jacqueline A. Salcines, PA, we are dedicated to assisting buyers and sellers with the purchase and sale of real property, including residential and commercial property transactions. Give us a call at 305-669-5280 or contact us online to arrange a fully confidential, no-obligation consultation. From our Coral Gables office, we represent buyers and sellers in real estate transactions throughout South Florida, including in Miami-Dade County, Broward County, and Palm Beach County. 

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FLORIDA EJECTMENT ATTORNEY

Florida law allows for removal of a person living in your home by filing a lawsuit. However, the type of action you file depends on the nature of the tenancy. If you, as a property owner have someone residing in your property without legal right and title and the individual will not leave voluntarily, this is called an Ejectment. While different from an eviction, which is a remedy if there is a lease or other document which establishes the conditions upon which the person or persons residing in the subject property must abide by, in an ejectment action, the person living there has no lease, and does not make payments. An eviction is not the proper remedy for removal of a person or persons who are NOT subject to a lease and do NOT pay rent, the mortgage or utilities in exchange for use of the property. In the case of a person or persons who are enjoying the use of a property and are not subject to a lease and who do not pay rent or contribute to the upkeep and property related expenses, the process by which to remove such person or persons is a lawsuit known as an Ejectment.

Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when further use is revoked or cancelled. Generally, there types of actions involve boyfriend or girlfriends, a family member or a friend who has been invited to stay in your home, who has for some reason become an unwelcome guest and refuses to leave when asked.

An ejectment is a lawsuit filed to which the defendant(s) has/have 20 days to file a answer just as in most normal lawsuits. If no answer is filed within the required time period, a motion for default is filed and once entered by the court, a final judgment may be issued ordering the person or persons to leave the home. If they do not leave voluntarily, a writ of possession will be issued to the sheriff and they will come to the property and ask for the person or persons to leave and if they do not leave voluntarily, they will remove them from the property for you.

If the person or persons do file an answer, a hearing will be required and if they “lose,” meaning that the court has determined that there are no defenses as to why they should be allowed to remain in the property, the court will issue a final judgment and order requiring the person to leave your home, as above, if they do not leave voluntarily, the sheriff will remove them for you.

Recognizing that in many cases the person or persons who reside in your property and refuse to leave may have have certain rights, it is best to consult with an attorney to see exactly what cause of action you have.

 If you need to hire the services of an attorney to remove someone from your property, you should contact me. My direct line is (305) 669 5280 and I am happy to provide a free consultation to assess your situation.

Chapter 66, Florida Statutes- Ejectment, is the statute by which an unwanted guest or guests may be removed from your property. The 2021 version of Florida Statutes 66 is shown below:

66.021 Ejectment.—

(1) RIGHT OF ACTION.—A person with a superior right to possession of real property may maintain an action of ejectment to recover possession of the property.

(2) JURISDICTION.—Circuit courts have exclusive jurisdiction in an action of ejectment.

(3) NOTICE.—A plaintiff may not be required to provide any presuit notice or presuit demand to a defendant as a condition to maintaining an action under this section.

(4) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in an action of ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord must be made a party before further proceeding unless otherwise ordered by the court.

(5) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty.

(6) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in an action of ejectment, he or she may have one writ for possession and for damages and costs or, at his or her election, may have separate writs for possession and for damages and costs.

(7) CHAIN OF TITLE.—The complaint and the answer must include a statement setting forth, chronologically, the chain of title upon which the party will rely at trial. Copies of each instrument identified in the statement must be attached to the complaint or answer. The statement must include the names of the grantors and the grantees, the date that each instrument was recorded, and the book and page or the instrument number for each recorded instrument. If a party relies on a claim or right without color of title, the statement must specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source.

(8) TESTING SUFFICIENCY.—If either party seeks to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party must do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion must be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposing party.

(9) OPERATION.—This section is cumulative to other existing remedies and may not be construed to limit other remedies that are available under the laws of this state.

History.—s. 21, ch. 67-254; s. 348, ch. 95-147; s. 1, ch. 2018-94.

66.031 Verdict and judgment.—

(1) VERDICT.—A verdict for plaintiff shall state the quantity of the estate of plaintiff, and describe the land by metes and bounds, lot number or other certain description.

(2) JUDGMENT.—The judgment awarding possession shall state the quantity of the estate and give a description of the land recovered in like manner.

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Real Estate Lawyer Near Me

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We service all your real estate needs in the entire State of Florida. We are your “real estate lawyer near me”.

As a buyer or seller of real estate in Florida, it is never prudent to rely on a real estate agent or broker to handle your real estate transaction. Realtors are excellent at what they do, which is bringing buyers and sellers together. However, when it comes to giving advice regarding a Real Estate Contract, the did not attend law school and are not experts in contract law. It always makes sense to hire a real estate lawyer to protect you every step of the way. What you pay is nominal for peace of mind.

What can you expect to pay a real estate lawyer? Depends on the transaction. Fees generally start at $450.00 and depending on the scope of work, whether you need an As Is Contract for Sale and Purchase prepared, title work, lien search, etc.

Always hire a real estate lawyer near me to protect your interest.

LAW OFFICES OF JACQUELINE SALCINES

706 S. Dixie Highway Second Floor Coral Gables FL 33146

J.Salcines@salcineslaw.com

(305) 669 5280

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EJECTMENT ACTION IN FLORIDA

FLORIDA EJECTMENT ATTORNEY

An Ejectment action refers to a lawsuit brought by a property owner who has someone residing in their property, without permission, and the individual will not leave voluntarily. The property owner, who is rightfully entitled to possession, must then remove the person who will not leave voluntarily. An Ejectment is different from an eviction because there is no lease or other document which establishes the persons right to be there. Different from an eviction action, persons in an ejectment action do not pay rent, have not signed a lease, and may have had the right to be on the property at some point but said right was terminated by the property owner. This lawsuit is known as an Ejectment.

Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked. Most commonly, this involves either a boyfriend or girlfriend, a family member or a friend who has been invited to stay in your home, who has for some reason become an unwelcome guest and refuses to leave when asked.

Once the ejectment lawsuit is filed, the defendant(s) will have 20 days to file a answer. If there is no answer filed within the required time period, then the owner is entitled to obtain a default, a default final judgment and the court will issue an order for the Writ of Possession, the document used by the sheriff to remove the person. If the person does file an answer, a hearing will be required and the court will determine rightful ownership. .

Ejectment actions may be very emotional, if they deal with family members or other loved ones who were once there with permission but now the permission has been terminated. If you have a guest who is no longer wanted, you should contact our office at (305) 669-5280 to review your situation and assist in getting your unwanted guest(s) out of your property.

Chapter 66, Florida Statutes- Ejectment, is the statute by which an unwanted guest or guests may be removed from your property.

The following is the Florida Ejectment Statute Chapter 66 as of 2016 :

CHAPTER 66- EJECTMENT
66.011 Common law ejectment abolished.
66.021 Procedure.
66.031 Verdict and judgment.
66.041 Betterment, petition.
66.051 Betterment, answer.

66.061 Betterment, trial and verdict.
66.071 Betterment, judgment for plaintiff.
66.081 Betterment, judgment for defendant.
66.091 Betterment, payment by plaintiff.
66.101 Betterment, payment by defendant.
66.011 Common law ejectment abolished.—In ejectment it is not necessary to have any fictitious parties. Plaintiff may bring action directly against the party in possession or claiming adversely.
History.—s. 1, ch. 999, 1859; RS 1511; GS 1966; RGS 3234; CGL 5040; s. 21, ch. 67 254.
Note.—Former s. 70.01.
66.021 Procedure.—
(1) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord shall be made a party before further proceeding unless otherwise ordered by the court.
(2) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty.
(3) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in ejectment, he or she may have one writ for possession, damages and costs or, if the plaintiff elects, have separate writs for possession and damages.
(4) CHAIN OF TITLE.—Plaintiff with his or her complaint and defendant with his or her answer shall serve a statement setting forth chronologically the chain of title on which he or she will rely at trial. If any part of the chain of title is recorded, the statement shall set forth the names of the grantors and the grantees and the book and page of the record thereof; if an unrecorded instrument is relied on, a copy shall be attached. The court may require the original to be submitted to the opposite party for inspection. If the party relies on a claim or right without color of title, the statement shall specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source.
(5) TESTING SUFFICIENCY.—If either party wants to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party shall do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion shall be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposite party.
History.—s. 21, ch. 67 254; s. 348, ch. 95 147.
66.031 Verdict and judgment.—
(1) VERDICT.—A verdict for plaintiff shall state the quantity of the estate of plaintiff, and describe the land by metes and bounds, lot number or other certain description.
(2) JUDGMENT.—The judgment awarding possession shall state the quantity of the estate and give a description of the land recovered in like manner.
History.—ss. 1, 2, ch. 3244, 1881; RS 1515; GS 1970; RGS 3238; CGL 5046; s. 21, ch. 67 254.
Note.—Former s. 70.05.
66.041 Betterment, petition.—If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing the mandate affirming the judgment, defendant may file in the court in which the judgment was rendered a petition setting forth that:
(1) Defendant had been in possession and that he or she or those under whom defendant validly derived had permanently improved the value of the property in controversy before commencement of the action in which judgment was rendered;
(2) Defendant or those under whom defendant validly derives held the property at the time of such improvement under an apparently good legal or equitable title derived from the English, Spanish, or United States Governments or this state; or under a legal or equitable title plain and connected on the records of a public office or public offices; or under purchase at a regular sale made by an executor, administrator, guardian or other person by order of court; and
(3) When defendant made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be a good and valid title. The petition shall demand that the value of the improvements be assessed and compensation awarded to defendant therefor.
History.—RS 1516; GS 1971; RGS 3239; CGL 5047; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 349, ch. 95 147.
Note.—Former s. 70.06.
66.051 Betterment, answer.—The plaintiff in the judgment of eviction may file written defenses to the petition within 20 days after service of the petition.
History.—RS 1517; GS 1972; RGS 3240; CGL 5048; s. 14, ch. 29737, 1955; s. 21, ch. 67 254.
Note.—Former s. 70.07.
66.061 Betterment, trial and verdict.—If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is required to prove every allegation of the petition. If the jury (or if a jury is waived, the court) finds in favor of defendant, it shall assess:
(1) The value of the land at the time of the assessment, irrespective of the improvements put upon the land by defendant or those under whom he or she derives, and if any, the injury done to the land by defendant or those under whom he or she derives.
(2) The value of the permanent improvements at the time of the assessment.
(3) The injury, if any, done to the land by defendant or those under whom he or she derives.
(4) The value of the use of the land by defendant between the time of the judgment in ejectment and the time of the assessment or if defendant has been evicted from or has surrendered the premises, from the time of the judgment to the time of the surrender or eviction. The findings shall be specified separately on each of these matters.
History.—RS 1518; GS 1973; RGS 3241; CGL 5049; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 350, ch. 95 147.
Note.—Former s. 70.08.
66.071 Betterment, judgment for plaintiff.—On rendition of the verdict the clerk shall ascertain whether the balance of the last three assessments (that is, of the value of the improvements, the extent of the injury and the value of the use of land), is in favor of plaintiff or defendant and ascertain the amount of the balance; if the verdict is in favor of plaintiff, judgment shall be rendered against defendant for costs, whether the balance of the assessments is in favor of plaintiff or defendant; but if the balance of the assessments is in favor of plaintiff, he or she shall have a judgment for costs in addition to the judgment for the balance.
History.—RS 1519; GS 1974; RGS 3242; CGL 5050; s. 21, ch. 67 254; s. 351, ch. 95 147.
Note.—Former s. 70.09.
66.081 Betterment, judgment for defendant.—If the verdict is in favor of defendant and the balance of assessments is also in defendant’s favor, a judgment for costs shall be entered against plaintiff, and a further judgment that unless plaintiff pays or secures as hereinafter provided the amount of the balance of assessments against him or her within 20 days, defendant may pay or secure to plaintiff the value of the land as assessed.
History.—RS 1520; GS 1975; RGS 3243; CGL 5051; s. 21, ch. 67 254; s. 352, ch. 95 147.
Note.—Former s. 70.10.

66.091 Betterment, payment by plaintiff.—The plaintiff may pay the balance in cash or may give defendant a bond with surety to be approved by the clerk, conditioned to pay said balance in two equal annual installments, with interest at 6 percent per annum to defendant. If plaintiff shall pay the sum within 20 days, or if the payment of the bond is received, satisfaction of the judgment shall be entered and all rights conferred on defendant by the judgment terminate.
History.—RS 1521; GS 1976; RGS 3244; CGL 5052; s. 21, ch. 67 254.
Note.—Former s. 70.11.
66.101 Betterment, payment by defendant.—If plaintiff does not pay or secure the sum within 20 days, within 20 days thereafter defendant may pay to plaintiff the value of the land as assessed or give plaintiff a bond with surety, to be approved by the clerk, conditioned to pay plaintiff the value in two equal annual installments, with 6 percent interest; or if plaintiff fails to pay the bond given by him or her when it becomes due, for 20 days after the expiration of the time fixed in the bond for payment, defendant shall again have the privilege of paying to plaintiff in cash the value of the land assessed. On the payment of the sum to plaintiff at any of the times hereinbefore mentioned, title to the land shall vest in defendant and plaintiff or those holding under him or her shall give defendant a deed to the land, tenements, hereditaments, and appurtenances, and if defendant has been evicted from or has surrendered the property, it shall be restored to him or her by order of court on motion.
History.—RS 1522; GS 1977; RGS 3245; CGL 5053; s. 21, ch. 67 254; s. 353, ch. 95 147.
Note.—Former s. 70.12.

If you wish to file an action for Ejectment, Eviction or Unlawful Detainer, contact attorney Jacqueline A. Salcines, a Florida ejectment attorney, today to discuss your case or schedule a consultation. Contact us at (305) 669.5280 or by email at J.Salcines@Salcineslaw.com

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WHAT TO INCLUDE IN A MONEY JUDGMENT TO MAKE IT ENFORECABLE AND COLLECTABLE IN FLORIDA

REAL ESTATE LAWYERS – JUDGMENT COLLECTION

JUDGMENT COLLECTION LAW IN FLORIDA

Before the Clerk of the Court will issue any writ of execution or garnishment on any judgment in Florida, the clerk will review it to make sure it i valid and enforceable. In order to be enforceable, the judgment must not only contain certain language as per Florida Statutes, but must also be recorded in a certain manner in order for it to be valid.

MONEY JUDGMENT

The clerk of court is sometimes confused as to what kind of judgment it is dealing with. Typing the words Money Judgment on the actual heading of the Judgment helps wout and helps avoid confusion and helps expedite the issuance of the writ.

SPECIFY THE DEFENDANT

Generally, the clerk will not issue a writ of garnishment or execution if the judgment does not specifically name the defendant against whom the judgment is entered. It is proper to list as: Defendant JOHN DOE, owes X this amount. Merely stating Defendant owes X doesnt expedite matters and may require correction.

ALWAYS INCLUDE THE ADDRESS OF THE PLAINTIFF

The address of the attorney or the firm representing the Plaintiff is insufficient. It must list the Plaintiff address so that the judgment becomes a lien against real property of the judgment debtor that is located within that county. If you fail to include the address, then you should file an Affidavit with a certified copy of the judgment in order to create a lien on the judgment debtors real estate and property.

RECORD YOUR FINAL JUDGMENT WITH THE SECRETARY OF STATE AFTER THE TIME TO MOVE FOR REHEARING HAS LAPSED

This can be done online at Sunbiz.org and takes five minutes, and guarantees that you will create a judgment against personal property of the debtor.

At the Law Offices of Jacqueline A. Salcines, PA, we have been helping judgment holders collect on their judgments for over 21 years. We are well versed in litigation, pre and post judgment and are here to help with your judgment collections.

TRUST | COMMITMENT | RESULTS

WHAT TO INCLUDE IN A MONEY JUDGMENT TO MAKE IT ENFORECABLE AND COLLECTABLE IN FLORIDA
Jacqueline A. Salcines, Esq. 706 S. Dixie Highway Second Floor Coral Gables, FL 33146
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BAD CHECK – WORTHLESS CHECK STATUTE IN FLORIDA

FLORIDA LITIGATION AND BUSINESS LAW ATTORNEY

What is a Worthless Check?
Under Florida law, any checks returned “NSF” (non-sufficient funds), “Account Closed” “Account Not Found” or “NSF Unless Otherwise Indicated is a worthless check subject to civil and criminal prosecution under Florida statutes. Checks stamped “Refer To Maker” or Uncollected Funds” may require additional investigation before being charged criminally.

Checks Stamped “Stop Payment” may be subject to civil and criminal prosecution, but are typically legitimate means of dealing with a contractual dispute. Unfortunately, it is against the law to stop payment on a check for any reason other than the check being lost. There types of matters can be handled in civil court, where the recipient is entitled to treble or three times the amount of the check in damages. This is under the Florida Worthless Check Statute.

Florida law gives the authority to either file a civil suit or prosecute the crime of passing worthless bank checks. The proper judicial circuit for the prosecution of this crime is usually the circuit in which the check was presented and accepted. The law requires that certain steps be taken by the recipient of a “worthless check” before the State Attorney begins prosecution.

If you are the victim of passing a worthless bank check, contact us. You will be required to first present a statutory 30 day letter, allowing them to replace the funds with certified funds or cash. After the passage of thirty (30) days, you can then file suit. Simultaneously, you can file a claim with the State Attorney for the judicial circuit in which the check was accepted and they will assist you in the recovery process.

If you are the victim of a worthless check, call us. We have been pursuing worthless checks in court for over 21 years. Filing a civil suit may be the best way to collect

What should I do to protect myself against being victimized by a worthless check?
Accepting a check as payment for goods or services is not mandatory. Insisting cash or certified checks and money orders is a legitimate option.If you decide to accept check as a form of payment, follow these guidelines:

  • Do not accept post-dated checks (checks dated for future or indeterminate dates).
    • These checks cannot be prosecuted for the crime of passing a worthless bank check if a bank dishonors them, but such checks may be resolved by a civil suit in small claims court.
  • Do not agree to hold a check, even for a few hours.
    • Accepting a check and agreeing to hold it indicates there are insufficient funds in the checking account at the time the check was presented, and if the check is dishonored by the bank, the matter cannot be prosecuted for the crime of passing a worthless bank check. The situation may be resolved in a small claims court civil suit.
  • Do not accept third-party checks.
    • If the person who wrote the check is not the person responsible for payment, the check may stolen or forged.
  • Ask for a form of picture identification—Driver’s License or identification issued by a governmental agency.
    • Examine the card carefully to make sure it has not been altered, and that the person on the ID is the same person from whom you are accepting the check. Note: Fake ID cards can be purchased through the mail or over the internet. Pay close attention to holograms and minor details to ensure the legitimacy of the ID.
  • Look for personal information on the check. If it is not already there, you may ask the person to write the following information on the front of the check:
    • Name:
    • Home address:
    • Home telephone number:
    • Date of Birth:
    • Race:
    • Height:
    • Place of employment:
    • Employer’s telephone number:
  • Make sure that information appearing on the check is the same as the information appearing on the ID card.
  • Make sure there is a signature on the check, and compare it with the signature on the ID card.
  • Review the check carefully. Make sure the check is made out for the proper amount, and that the amount of the check written by numbers is the same as the amount in words.
  • If the check presented is a company check or temporary check with no name or address printed on the check, have the person presenting the check PRINT their name under the signature line.
  • Verify available funds by calling the financial institution that maintains the checking account.
    • Remember: It is possible for there to be sufficient funds at the time of a call, but insufficient funds before the check is processed.

If you need help in collecting on a worthless bad check in Florida, give us a call. The first consultation is free and collection is usually done on a contingency basis.

Call us today.

TRUST | COMMITMENT | RESULTS

BAD CHECK – WORTHLESS CHECK STATUTE IN FLORIDA
Jacqueline A. Salcines, Esq.

Law Offices of Jacqueline A. Salcines, PA

706 S. Dixie Highway

Second Floor

Coral Gables, FL 33146

Tel: 305 669 5280

EMail: J.Salcines@salcineslaw.com

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PARTITION SUITS BETWEEN FAMILY

SOUTH FLORIDA REAL ESTATE LAWYERS

It is never a pleasant notion to have to file a lawsuit against a family member or sibling. When property of a deceased is inherited via a Last Will and Testament, however, often the siblings have different ideas with regard to the property. Some may want to rent it. Others may want to sell it and not keep paying for maintenance and taxes. When there is a dispute between heirs or co-title holders, that can not be resolved, a Partition lawsuit has to be filed.

In a Partition lawsuit, the Court or Judge is the one that orders the property sold and divided down the middle. However, it is not necessary to get to that point where siblings or heirs are fighting against each other. There are many ways to settle these types of matters without a lawsuit. However, if the parties can not settle, then a lawsuit is inevitable.

At Jacqueline A. Salcines, PA, we are experienced and knowledgeable real estate attorneys that can help you negotiate with the other party or if unable to reach a middle ground, to file a partition lawsuit. With over 21 years experience filing Partition suits and negotiating property laws, we come to the table with a team of expert negotiators and litigators, to make the transition as smooth as possible.

The first consultation is always free and can provide you with invaluable advice regarding your right. Consult today.

TRUST | COMMITMENT | RESULTS

PARTITION SUITS BETWEEN FAMILY
Attorney at Law

LAW OFFICES OF JACQUELINE A. SALCINES, PA

706 S. DIXIE HIGHWAY

SECOND FLOOR

CORAL GABLES, FL 33146

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