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This section provides information relating to frequently asked questions and their corresponding answers in our various areas of practice for our clients in Miami and Puerto Rico. Should you have any additional questions – regarding our bankruptcy lawyers in Miami or about any of our other areas of practice, please do not hesitate to contact us.
Sometimes real estate is bought with other individuals or entities so that the real estate is owned by more than one individual or entity. When one of these titleholders wants to sell the real estate and consent by the other titleholders is not provided, a partition action can be filed so that the real estate can be sold under court order. For more information, please contact one of our real estate lawyers in Miami.
I placed a large deposit to purchase real property preconstruction, but the project has not been completed on time in accordance with the contract or in accordance with the terms of the prospectus, what can I do?
These pre-construction contracts have many contractual provisions that are time sensitive for the buyer and are usually favorable to the developer. You should always have a lawyer review any pre-construction contracts before you sign them. In the event the developer is in breach of the contract, you must look at the remedies in the contract. The contract will provide what remedies are available to the buyer and what happens to the deposit. There may also be other statutory and common law remedies available to you. For more information, please contact one of our real estate lawyers in Miami.
First you need to determine the extent of the fraud that has been committed. You may have redress with your title insurance underwriter if you have a title insurance policy for the purchase. A fraud claim is factually sensitive. You should always contact an attorney when you are presenting a fraud claim or filing a claim with your title insurance underwriter for fraud to make sure your claim is presented correctly. For more information, please contact one of our real estate lawyers in Miami.
I am trying to sell my real property in a condominium but I am having trouble with my association, what can I do?
Every condominium association and homeowners association is different. The success of the association depends on the board of directors, the management company, the collections process and other factors. In some instances, ineffective management of the association can lead to incorrect application of maintenance fees, waste and nepotism. Sometimes these issues can impede your ability to obtain association approvals required to sell or purchase your real property. Our firm assists those buyers and sellers in association disputes so that the real estate transaction can close. For more information, please contact one of our real estate lawyers in Miami.
When there is a title defect, first you need to determine if you have title insurance on your property. If so, you can file a claim with your title insurance underwriter and they will take care of it. However, it is a good idea to contact a lawyer to review your policy and coverage and submit the claim for you. In the event the title defect is discovered during the closing process and is not covered, our firm can assist buyers, sellers and title companies in correcting these title defects as quickly as possible so that the real estate transaction can close as planned. For more information, please contact one of our real estate lawyers in Miami.
Richard Robles is a lawyer and a licensed real estate associate. He provides real estate sales assistance in Florida. His real estate license is affiliated with Brickell Investment Realty.
When a real estate associate facilitates the sale of a listed property, they are considered the procuring cause in the transaction resulting in the sale of the property. For example, if a real estate associate obtains a buyer to purchase real property listed on the MLS, they are entitled to their commission as a cooperating agent. In the event the real estate association brings a buyer to the listing but the buyer later returns without the real estate associate, if the real estate associate is the procuring cause for the purchase, the seller is obligated under law to pay the real estate associate his or her commission. For more information, please contact one of our real estate lawyers in Miami.
In certain instances, a Florida real estate broker or real estate closing agent may be holding a deposit in a real estate transaction that does not close for a variety of possible reasons. The real estate broker or closing agent, in order to release the deposit funds, is usually required to obtain signatures from all parties authorizing the release of the deposit funds. When a real estate broker or closing agent is unable to get the authorization to release the funds to the parties, the broker or closing agent is required to file an interpleader action with the court so that the court can authorize the disbursement of the funds by court order. If the real estate broker or closing agent is required to file an interpleader action, the broker or closing agent is entitled to reimbursement of attorney fees and costs from the deposit it is holding in escrow.For more information, please contact one of our real estate lawyers in Miami.
The real estate closing agent serves many roles in the closing of the real estate transaction. At the inception, the closing agent may hold the initial deposits under the real estate contract in escrow. The closing agent also performs the title search and prepares the title commitment for the owner and lender. At the closing, the closing agent escrows all funds and makes all disbursements as required under the closing statement and loan documents. The closing agent plays a vital role in the real estate transaction. To find a real estate closing agent in Miami please contact us.
Title insurance is a type of insurance that protects you from defects in title when you purchase real property. For example, if you buy real estate and there is someone else claiming title to your property, your title insurance policy will protect you from any loss. Title insurance is usually a requirement for all lenders to protect their lien rights in the real property. For more information, please contact one of our real estate lawyers in Miami.
Yes. For example, when using the regular Florida FARBAR standard contract, the process is initiated with an offer using this same form. Once the offer is accepted and executed by both buyer and seller, the offer now becomes a binding contract on the parties. Some people think that the offer alone is just an offer and nothing else. But when this offer is presented to the other party and accepted, the offer now becomes a binding contract under the law. There is no other contract that is prepared. That is why it is important to have a lawyer review the offer/contract before it is executed to avoid litigation, misunderstandings or the loss of your deposit. For more information, please contact one of our real estate lawyers in Miami.