Video Summary

Can a landlord change the terms of a lease before it’s renewed? No, a landlord cannot. It’s a contract and both parties are bound by the terms of the lease, so it would take both parties to the lease to change its terms, so the answer is no. If you have any questions, give me a call at (727) 847-2288.

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Is litigation the only option to settle a real estate dispute? Well, yes, it is. If the parties can’t reach any sort of an agreement, there are some settlement options. If both parties have attorneys, they may agree to pre-suit litigation, or excuse me, mediation and so to see if the matter can’t be settled, but both parties have got to want to try and reach some sort of agreement. However, if you’ve got either party that doesn’t want to settle the matter, well then you don’t have any option but to go ahead, hire an attorney and file a lawsuit to resolve the real estate dispute. If you have any questions, give me a call at (727) 847-2288.

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What is a General Warranty Deed? General Warranty Deed is defined in the Florida statutes and incorporates the seven warranties under the English Common law. I’m afraid, I don’t remember what all those are, all warranties, but primarily you’re concerned about whenever you buy property is that there are no liens on the property. That you have the right of possession, that you have access to the property among other things. And so in the days times when you’re transacting your real estate, the buyer usually receives Title insurance. So, if there is a problem with the Title, they look to the Title Insurance company who insured the title as far as being paid rather than suing the seller. Then that would be up to the Title company to look to the seller if they knew anything about these titles or the problems with it. So anymore you don’t have to really understand that as far as all the warranties that go with it. It’s like any other warranty that’s warranted against defects. And in this case, whoever signs the deed is doing the warranty. So the General Warranty deed is the best deed that you can receive in a real estate transaction. If you have any questions, give me a call at (727) 847-2288.

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What happens if something goes wrong in the final walkthrough? I assume that we’re talking about a residential real estate contract, and so you look at the property and the seller agrees to maintain the property and the condition that it is when you first entered into the contract and maintain the property in that condition. So, then whenever you go through your final walkthrough, you find that there’s problems with the property depending on how severe they are. If it is a defect in the property that was never disclosed, then at the closing you can decide not to purchase the property because it was an undisclosed defect, and so simply cancel the contract and ask to get your deposit back. That may require some litigation, but you don’t want to buy defective property if it is something minor or whatever. As far as the condition of the property, they didn’t remove the debris. There’s personal property that not was supposed to be there, or some other minor thing like the repairs not being done that were supposed to be done. That can usually be done through an addendum to the contract. As far as getting that worked out as far as having attorney do that, it’s probably a little late to hire a lawyer to represent you at that stage to step in unless you are at the point where you need to litigate to get your deposit back and talk to an attorney. So, the best thing to do is probably hire an attorney from the very beginning to represent you in the transaction and be able to advise you as to what you would like to do and how you accomplish it and whether or not you can recover any of your costs. If you have any questions about residential real estate contracts, well give me a call at (727) 847-2288.

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How can I stop the city rezoning my neighborhood? While the city will have to have public hearings, and you all will need to attend those public hearings to voice your opposition to being annexed to the city, and based upon that, if they, I think, have enough people in your neighborhood that are for annexation, then that’s a problem. So, the best thing to do is voice your opposition and attend the public hearings as far as the rezoning, if you have any questions about that, you can call me. It’s not an area that I practice in, but I will try and refer you to an attorney to help you as far as that’s concerned. My phone number is (727) 847-2288.