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Questions Answered by Richard Paul Zaretsky
2 Answers | Asked in Real Estate Law for Florida on
Q: I have leased a property over the last 4 years, my lease ends 9/30/18. After several weeks and attempts to contact

the property management company about a new lease I finally made contact and entered into an oral agreement to extend the lease on July 19th 2018, and was sent a lease to sign. I was contacted yesterday by email yesterday and told the lease will now unfortunately not be renewed per their lawyer the... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Aug 8, 2018

Unfortunately, you have no rights other than possession through September, provided you pay the required rent.

Real estate is particularly strict on undertakings for one year being or longer being in writing, so your unsigned lease extension is meaningless.

Of course as with...
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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Does my aunt need a lawyer to transfer title to a property when both the previous owners (her parents) are deceased?

My aunt has lived in her home for 50+ years. She was the caregiver for her mom who passed away a few years ago. She wants to sell the property, but the title deed is still in her parent's name.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 27, 2018

Not only does she need an attorney, she probably needs to take some action to probate the last to die of her mother or father. Without either her name on the existing deed as a survivor beneficiary, or an order of the court giving her authority to deed the property, there is no one authorized to... Read more »

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2 Answers | Asked in Consumer Law, Foreclosure, Real Estate Law and Communications Law for Florida on
Q: Do we have a suit against Carrington mortgage?Plz read details. Thank you

After making all timely payments on our mortgage that was sold from Bank of America to Carrington in February of 2018. they State we owe June and July of 2018 even though we have proof that we sent the checks & they were cashed by Carrington. On Friday July 19th 2018 we received a foreclosure... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 25, 2018

I don't think you need counsel yet - as you have not given the lender time to digest the information they probably just received yesterday or maybe not even until today.

But - if Carrington proceeds to foreclosure then you must seek counsel immediately. In the meantime you can ask for an...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Do I have pay previous liens on a tax deed property I acquired on 8/2017?

I acquired a tax deed property on 8/2017. When I acquired this property, I paid all the taxes to get it to auction. The county also did a title search and there was nothing found in the means of liens, encumbrances,etc. I now own this parcel and my current tax bill has a lien on it and according... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 7, 2018

Typically, code enforcement liens survive a tax deed.

The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I live in a Private owned condo. And the owner is taking there time fixing the Ac.

So the owner of the condo have not fix my AC and it’s been 4 weeks. I have two small kids one is 1 years old and the other one is 4. I have been emailing the realtor multiple time about the issue an also I requested to speak with the owner. It’s like nothing is getting done. I requested for my... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jul 2, 2018

Look at your lease. Does it say the landlord is supplying a working a/c system? Florida statutes do not provide that the landlord must provide air conditioning, even if it is already installed on the property.

So if the lease provides that the landlord will provide air conditioning, then...
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2 Answers | Asked in Real Estate Law for Florida on
Q: To owner finance a residential property in Florida, what documents are required?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 18, 2018

First, let me suggest that you get an attorney to do an owner financing transaction in Florida. There are so many state and federal rules that you can likely violate that the cost will be a drop in the bucket vs. likely getting it done wrong.

IF you qualify for providing seller financing,...
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2 Answers | Asked in Real Estate Law for Florida on
Q: is it better, less expensive to have a real estate agent or a lawyer for buying a condominium
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 18, 2018

Well a real estate agent should cost you nothing since they get paid from the seller's real estate agent.

But no real estate agent can give you legal advice. Only a lawyer can do that.

A lawyer should cost a nominal amount compared to the price of the real estate you are buying....
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1 Answer | Asked in Real Estate Law for Florida on
Q: My lot has a seawall that is failing, after researching I found a Detail drawing on community ARB.

Community developer did not build seawall to engineering detail and is failing. Is it not his responsibility to repair/replace?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 18, 2018

There are a couple of questions to ask.

When did you buy and are you the original owner (after the developer)? If no, then you have no "privity" with the developer and no standing to sue. If you bought it more than 4 years ago, then the statute of limitations has past and you have no...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I currently have a "le" deed on my house and property. The existing house is falling apart and I am wanting to purchase

a new house. Can I legally demolish the existing house?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Jun 8, 2018

I don't have a clue what an LE deed means.

You need to be a lot more specific. Why do you call it an LE deed?

1 Answer | Asked in Contracts for Florida on
Q: Is a seller in breach of contract if he did not disclose that he is a foreign seller?

Purchasing home, closing on June 1st, was informed by the closing agent on Friday the 25th (a holiday weekend) that they need my social security number for FIRPTA. This was the first I heard that the seller was a foreign.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 27, 2018

Your contract probably has a FIRPTA provision in its standard text. Read it. And be sure that the closing agent complies with the FIRPTA withholding and submission of the withholding amount to the IRS. The issue here is that YOU as the buyer are the responsible party to get the FIRPTA withheld... Read more »

2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: IF AFTER TAX DEED SALE HOW DOES ONE OBTAIN IMMEDIATE POSSESSION AFTER 5 DAY NOTICE IN ACCORDANCE TO 197.562?

IS UNLAWFUL DETAINER REQUIRED? OR IS THERE A WAY TO SIDE STEP THAT AND SHOW PROOF OF 5 DAYS NOTICE AND SUBMIT WRIT OF POSSESSION TO COUNTY CLERK?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 22, 2018

A tax deed holder has a right to a writ of possession. The mechanics is called a Writ of Assistance and is guided by Florida Statute. Here is the wording of the statute which is self explanatory:

197.562 Grantee of tax deed entitled to immediate possession.—Any person, firm,...
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1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: I am recently separated from my wife who lives in Charlotte, NC. We both signed a North Carolina Free Trader agreement

and filed it with the NC court. I want to purchase a condo in Florida. Will this Free Trader agreement protect me from any future claims against this condo from my wife?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 19, 2018

Florida will not honor your form from North Carolina.

In Florida there can be a similar agreement but it must be in conjunction with "full financial disclosure" of the parties' finances - one to the other, and properly documented that such disclosure occurred. Therefore the requirement in...
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1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Which Trust provides what I'm looking for ?

Hi there,

I will collect an "inheritance" I guess in the amount of 3 Million more or less after taxes. I want to create some sort of Trust to prevent my identity being revealed to my family and friends but I don't want to do just that. I want a trust that I can name it however I please and... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 16, 2018

Generally, trusts are not public documents. If you have a trust, no one of your family members needs to know, unless you tell them.

The purpose of a trust can be quite varied. If all you are trying to do is hide this inheritance from your family, then isn't it enough to just not tell...
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1 Answer | Asked in Contracts for Florida on
Q: If I'm within my inspection period, and want to back out of the As Is contract, can I? Will I get my deposit back?

Seller or Agent keep sending Seller disclosure over incorrectly answered, saying seller made a mistake. Buy no longer feels comfortable with the home.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 11, 2018

The usual AS IS contract in Florida provides for an absolute backout and termination of the contract by the buyer BUT ONLY IF THE WRITTEN NOTICE OF CANCELLATION IS GIVEN ON OR BEFORE THE LAST DAY IN THE INSPECTION PERIOD.

Carefully read what that timeline is and carefully provide the SELLER...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Can I file a quitclaim deed for a property and not sign the Petition for Summary Administration my cousin is mailing me?

When my grandmother died, I was left out of her will. A small piece of land belonging to her wasn't included in the will and her other grandchildren, who inherited her estate, want to sell it after it goes through Summary Administration. I want no part of any of it and want to quitclaim and walk... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 8, 2018

If you want not part of the estate, you can sign and record a notice of non-interest in the estate, if it is timely filed. That would eliminate your claim as an heir.

Unfortunately it probably should be drawn by an attorney, so that is my suggestion.

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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Strategic default. What are the chances of deficiency judgement? Can a lawyer help prevent this?

Current on all payments. The mortgage company will know it is a strategic default. I just don't want a deficiency judgement against me. The house is on the market right now. The value is slightly above the remaining mortgage. I'm just trying to plan ahead if it doesn't sell. I close on my new... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 6, 2018

There is no telling what the lender's policies for your factoid will be at the time you become ready for this decision on their part.

Typically close calls with equity / cash available to the borrower don't go well for the borrower.

Also if you go into default your credit (not your...
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2 Answers | Asked in Real Estate Law for Florida on
Q: Mom, recently deceased, filed a Quit Claim Deed on FL house in 2007 Is my cost basis the 2007 date, or date she passed

My name is listed on the property taxes, so do I need to do something to get her name off the taxes and/or deed? Am I required to do anything further at this point? She had no debts.

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 25, 2018

If you got title in 2007, that date is your basis and her subsequent passing is irrelevant.

If she got title in 2007 and she died owning the property, the stepped up basis is her date of death (or allowed period per IRS regulations).

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: can you e notarize a living trust restatement or amendment?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 23, 2018

The answer is any document that requires a notarization in Florida may be notarized by the e-notary method.

HOWEVER, a living trust or amendment or whatever document that requires witnesses, must be signed by the witnesses in the presence of the person signing the document (the person...
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5 Answers | Asked in Real Estate Law for Florida on
Q: If a real estate Buyer makes an offer on a house actively listed with a real estate agent.

And the seller decides not to sell. Does the buyer have any rights to make the seller sell?

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 17, 2018

The existing contract between the seller and the seller's real estate agent probably says that if the house is listed at a price agreed to between the agent and the seller and then a buyer makes a full price cash offer, then the seller is obligated to pay the agent its commission even if the seller... Read more »

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1 Answer | Asked in Contracts for Florida on
Q: What date is the 15 day inspection time up if contract was finalized on 4/7/18. (Florida contract/not an 'as is'
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 17, 2018

15 day inspection period is up at 5pm local time (typically) afer the defined Effective Date. The effective date is the date the last signor signed the contract, although communication of the contract being signed bthe last signor is a factor.

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