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Keys to a Successful Luxury Real Estate Transaction: Part I

Part I: Have an Experienced Real Estate Attorney Review the Contract Mistakes in real estate contracts can cause major issues. A proper review of the contract can provide useful information to the parties involved. One of the first steps that should be taken to help a real estate transaction run as smoothly as possible is […]

Luxury Real Estate Buyers Seek Waterfront Properties

South Florida is a top luxury real estate market. The Sun-Sentinel reported that last year Broward County posted 464 sales of homes and condos valued at $1 million or more and Palm Beach County had 791 sales of $1 million-plus properties. Additionally, Miami was recently ranked No. 8 among top luxury real estate markets globally […]

Local Real Estate Investors Compete with Large Investment Firms

Although investment firms are buying many of the distressed properties in South Florida, (see our article https://www.schecterlaw.com/investors-purchasing-distressed-florida-properties/) local real estate investors are still trying to flip homes. Despite the tough competition, local real estate investors are hoping to find discounted homes, fix them up, and sell them at an increased price. Distressed properties are offered […]

Jumbo Mortgages Boost Luxury Home Sales

According to the National Association of Realtors, sales of properties worth over $750,000 have considerably increased in the past year. Reuters reports that the recovery in the luxury real estate market is likely attributed to jumbo mortgages. A jumbo mortgage is riskier for lenders because a luxury residence is harder to sell in the event […]

Good and Marketable Title in Real Property Contracts

A seller has an implied obligation to convey a good and marketable title in an agreement for the sale of real property unless there is a provision stating otherwise. A good and marketable title is one that is free from encumbrances. An encumbrance is any right or interest in land held by someone other than […]

Delray Beach Wants to Quiet Title

Delray Beach city leaders want to sell a piece of land off West Atlantic Avenue, but cannot because they do not know who owns it. The only information known about the last owner is that his name was John Smith and he was alive in 1931. Smith filed a petition that year claiming to be […]

Essential Provisions in a Commercial Lease

When signing a commercial lease, it is essential to understand and agree to all of the provisions. The provisions in a commercial lease are usually designed to favor the landlord; however, a landlord may be willing to negotiate. An experienced real estate attorney should be consulted before entering a commercial lease. Here are a few […]

The Importance of a Title Examination When Acquiring Real Estate

The South Florida housing market is recovering after taking a big hit during the 2006 housing crisis. According to the Case-Shiller Home Price Index released January 30, prices in Palm Beach, Broward, and Miami-Dade counties rose 0.8 percent from October and 9.9 percent from a year earlier. It was the 11th consecutive month that prices […]

Notice of Lis Pendens based on an Unrecorded Document and the “Fair Nexus” Requirement

A notice of lis pendens is only proper where there is a sufficient link between a cause of action and either legal or equitable ownership of a particular property if the cause of action is based on an unrecorded document. This sufficient link has been labeled by the courts as a “fair nexus.” Blue Star […]

Unenforceable Loan Modification Agreement

In Vargas v. Deutsche Bank Nat. Trust Co., 3D11-554 (Fla. 3d DCA, Nov. 28, 2012), Rogelio Vargas (“Defendant”) appealed an order approving a general magistrate’s report and recommendations which denied his “Motion to Enforce Loan Modification Agreement Enter Into in Open Court.” Deutsche Bank National Trust Company (“bank”) received a final judgment for foreclosure against […]