Video Summary

Can I back out of a home purchase if I have already signed a contract and placed money in escrow? My answer to the question is, yes. If you don’t close on the contract, then you are in breach. And so, you look at the contract and it will say what the seller’s rights are customarily. It provides that you lose your deposit. And the seller is entitled to the deposit. There may also be other remedies in there that says that they have a right and equity or write a specific performance. I have talked to any number of people, who have backed out of contracts and, the realtors or other people are wanting them to go through with the transaction have said all that. They’re going to sue you to make you go through with the transaction. Well, that is really not a very practical remedy on trying to make someone buy the property. And that it is very expensive. As far as the attorney fees are concerned, the seller property stays off the market while they’re going through this exercise, which the whole purpose is to selling the property. And so my experience over many years is that after a certain amount of threatening and snorting and blowing, the seller agrees to accept the deposit as their damages and the buyer moves on and loses their deposit. So yes ,you can. And then you just need to look at your consequences. The sooner you decide not to purchase the property, I suggest you notifying the seller so they can put it back on the market and get it sold and exit the contract. You have any questions? Give me a call at (727) 847-2288.

Video Summary

Can a home purchase closing be delayed due to our hurricane approaching? That depends upon whether or not the contract has a provision in it concerning hurricanes, the contract that is most widely used by the realtors and it’s approved by the Florida bar has a provision concerning hurricanes and how it’s delayed. And also to be able to look at the property to see if there’s any damage as a practical matter. It usually is delayed because you have to have insurance for the lender, if there’s a lender involved. And if there’s a, so you can’t close unless the lenders ready to lend the money and you have to have insurance. Once it enters in to a certain longitude and latitude called the box, well, then they quit writing insurance. So then the lender can’t close the loan because there’s no insurance lenders. Also, if there’s a storm that has gone through will require the property to be reinspected before they will agree to close the loan. Whenever you have a willing buyer and a willing seller they usually agreed to delay this, rather than starting all over again, to see about selling the property, depending on what happened during the hurricane. And there was no damage involved. The insurance is a big factor. And as a practical matter, you go ahead and, and see about delaying those. If there’s no provision in the contract, for a delay and the parties, you know, are looking for a reason to get out, and the mortgage is not a contingency any longer in the contract. I believe that the seller could determine the buyer was in default for failure to close on the contract. But, in my experience, particularly in the area that I practice in and which is the West coast of Florida, we rarely lose a transaction or the seller takes that approach and that they usually want to sell the property and deal with the practical problems that are, we experienced as a result of a hurricane. And we’ve been blessed that we haven’t had any direct hits for over a hundred years. So, if you have any questions about your contract in closing, and hopefully we don’t have any approaching, hurricanes, well give me a call at (727) 847-2288.

 

Video Summary

How do assets pass it death? Well, the most easiest way to have the assets best is through beneficiaries, which everyone’s familiar with life insurance. And so you designate a beneficiary on your life insurance application, or the decedent does designating who the beneficiary is. That’s the same way that IRAs are passed to beneficiaries annuities. You can also set up your brokerage accounts with a designation of a beneficiary by designating a transfer on death, beneficiary, and name, whoever you wish to receive it. Your bank accounts, wouldn’t be set up with a payable on death and they will then pass to whoever you designate as the beneficiary. If someone dies and they own asset titled assets in their name alone, such as real estate or a bank account, then, they would pass through a probate proceeding. And we would first ask if there’s a will, which says who the beneficiary would be. And if so, then once it goes through the probate proceeding, the creditors get paid and the administration costs get paid. And then the money passes to the designated beneficiary through the probate process. If the decedent died without a will, then the laws of the state of Florida designate who is to receive the assets of the decedent. And again goes through a probate process and the, the creditors are paid. The administration expenses are paid and then it passes or is distributed to the beneficiaries that are designated under the Florida laws. If you have any questions about a probate or, who receives assets upon a decedent’s death, Well, give me a call at (727) 847-2288.

Video Summary

How do I know if the property I’m going to buy has a lien against it? Well, you insert in the contract are most contracts, particularly ones that are approved by the Florida bar and the Florida realtors provide that the seller is obligated to transfer the property to you free of any liens or in conferences. So, whenever the transaction closes any liens that are against the property should be paid off by the closing agent who serves, who will also be issuing the title insurance, the title insurance will have under its schedule. What, if any liens or encumbrances are against the property? And if you need an attorney or someone to review those, to verify or advise you of what, if any encumbrances or liens are against the property, you should retain an attorney or review those many times an encumbrance may consist of an easement deed restrictions, homeowners, associations, things such as that versus a judgment lien, usually judgment liens or liens. IRS liens are all taken care of at the time of closing. And there should not be an exception in your title insurance. So whenever you contract for the property, you will contract a habit conveyed to you free and clear, and the liens will be paid off out of the closing proceeds by your closing agent title agent. So, if you have any questions about title insurance and purchasing property, give me a call at (727) 847-2288.

Video Summary

How do I know if the property I’m going to buy is in a deed restricted community? If you’re dealing with a realtor, you need to ask your realtor is the property in a deed restricted community. And if so, I need to receive a copy of the deed restrictions. The newer subdivisions, I would say in the last 30 years, usually set up homeowner’s associations. And so your contract, if it isn’t a deed, restricted community should reflect how much the monthly or the annual assessments are to the homeowners association. The deed restriction will also indicate what the responsibilities are of the homeowner’s association. If there is one, now the older subdivisions may have deed restrictions and those must be enforced by your neighbors or the other people in the subdivision rather than by the homeowner’s association. Whenever you close on the transaction or before closing, you can ask your title agent for a copy of the deed restrictions so that you can review them beforehand. If you do not want to be in a deed restricted community or have deed restrictions on your property, you should insert that in the contract and say, this contract is contingent upon there being no deed restrictions on the, uh, on the property or that they must be approved by the buyer. If you have any questions about deed restrictions and purchasing property with, or without deed restrictions, give me a call at (727) 847-2288.