Video Summary

How can we add an accessory dwelling unit to our property? Well, the first thing you must do is contact your local city or county building and land use department to see whether or not they allow you to add an ancillary unit. That would be the first step. Not all cities or counties allow this, and if they do, they set forth a requirements that you must meet, such as the setbacks and land size of the property, where it’s going to be located as far as using that. And whenever we have an accessory dwelling unit, that means a separate is different than a Mother-in-law apartment, that’s where you have a separate meter and a separate address. So the first stop is to check with the building and zoning department of your particular city or county to see whether or not you can pull a permit and then submit your plans for that if they do allow it and their site plan. If you have any questions about it, please give me a call at (727) 847-2288.

 

Video Summary

Is it better to keep or sell a house during a divorce? This is a question that you need to discuss with your divorce lawyer. I don’t think that there is any cut and dried answer or anything that I could advise you as to whether you should or should not. It a lot depends on the circumstances of you and your financial standing and also the financial standing of your soon to be ex-spouse, or hopefully soon to be ex-spouse. And so this is strictly a matter that you need to discuss with your divorce lawyer and obtain a marital settlement agreement as far as the house, as well as all the other assets that you have, possibly child support and visitation. So I don’t do divorces, so you can, my phone number is (727) 847-2288.

 

Video Summary

Do I need a lawyer to settle a boundary line dispute with my neighbor? The answer is absolutely you need to have a lawyer. First thing is you need to have a survey to establish where the boundary line is and also where there’s any fences that are encroaching on your property or on your neighbor’s property or any other structures. Secondly, hopefully your neighbor has a survey too and see if the surveys match. If you and your neighbor are reach an agreement as far as the boundary line, you’ll need to have that memorialized and put in the public record so it won’t come up in the future and have a lawyer prepare that agreement. As far as the boundary line’s concerned, if this is a boundary line dispute as far as where the fences have been for a number of years or whatever, there’s any number of legal theories by which you can try and proceed under, but it is a very, very complex area of the law and you absolutely need to have an attorney to represent you as far as a boundary line dispute. If you have any questions, give me a call at (727) 847-2288.

What Is a Split Refund?

 

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What is a split refund? I believe this. What your question relates to is, as far as an escrow deposit is concerned, the escrow deposit is where the parties are disputing it, who is entitled to it, and so usually they settle on it and then each party’s received a portion of it, so they split the refund as far as that’s concerned, but sometimes it could be a split refund as far as two different parties that sold the property and they’re each entitled to half or a portion of an insurance refund check or an escrow reimbursement, or any other monies that come into the as a result of the sale of property. If you have any questions, give me a call at (727) 847-2288.

 

Video Summary

 

What can I do if a seller fails to disclose a defect in the home that I’m purchasing? Under our Florida law, the seller is required to disclose any facts that may materially affect the value of the property that are not readily observable. This is called a latent defect, and that’s what the Florida Supreme Court found as what they call a tort, and that is the responsibility of a seller to disclose that only on residential transactions, not on commercial transactions. In addition, the standard contract that is used for residential transactions, which has been approved by the Florida Bar and also the Board of Realtors, it provides in here that you are required to disclose any matters that may material affect the value of the property that are not readily observable. In addition to that, the many times the realtors have a seller filled out a seller disclosure form, which is a questionnaire as far as that’s concerned.
So if they failed to disclose that, well, that would be what they call affirmative fraud. So there are three avenues which you could pursue if a seller failed to disclose a defect is one under tort law, which is the case law in Florida. Two is the contract which reprise, and three is if it was not disclosed on the form, your remedy is to ask that the residential illustrate transaction be set aside and you get your money back and you give ’em back the property you have one year from the date of closing to do that. Otherwise, there’s a four year statute of limitations as far as being able to bring this action from the time you discover this defect, one of the big components that you have to prove is the seller knew of the defect. And so just because there’s a defect, if it wasn’t something that you could show the seller knew about, well they came very well, disclose something that they didn’t know. Also what must they disclose. There’s any sorts of things other than just the particular property itself as far as the physical aspects of it as to whether what has to be disclosed. So if you have any questions about this, give me a call at (727) 847-2288.