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Energy-efficiency info needs to be given to buyers

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We all know that many types of disclosures can be provided between parties during the course of a real estate transaction. However, it's important to know which ones are required – and when they're required – so that the seller and buyer are in compliance with both the law and the contracts. Many Florida Realtors contracts contain a section regarding disclosures. Some of these disclosures are generic in nature, meaning that the required disclosure is contained within the body of the contract itself. For example, the radon disclosure contained in the contracts (residential and commercial) is based on statutorily proscribed language that must be given either before or within the contract. However, other disclosures may require additional attachments or information to be given. One example is the building energy-efficiency information. Pursuant to Florida Statutes 553.996, "a prospective purchaser of real property with a building for occupancy located thereon shall b

Landowners win eminent domain valuation case

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In March, a jury trial involved landowners who had easement rights taken by Sabal Trail Transmission, LLC, under the power of eminent domain. The case was heard in a federal court before U.S. District Court Judge James S. Moody, Jr. in Ocala, Florida. According to the landowners' attorneys, the case – Sabal Trail Transmission, LLC v. +/- 3.921 Acres of Land, Sunderman Groves, Inc., No. 5:16-cv-00178-JSM-PRL (M.D. Fla. 2017) – is allegedly the first jury trial in which property owners have challenged Sabal Trail regarding the measure of compensation for the taking of both temporary and permanent easements as part of its 516-mile natural gas pipeline project that will span Alabama, Georgia and Florida. According to court documents, landowners Chuck and Jan Sunderman had a 40-acre tract of land in Bay Lake, Florida, split down the middle by Sabal T rails natural gas pipeline – a distance of 1,336 feet. Sabal Trail (owned by Spectra Energy, NextEra Energy and Duke Power) says

Must you disclose defects you only sorta know about?

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In the 1985 case Johnson v. Davis, the Florida Supreme Court ruled that a home seller who knows of facts that materially affect the property's value that aren't readily observable and known to a buyer has a duty to disclose them to the buyer. This is the law in Florida today. A nondisclosure claim under Johnson v. Davis has four elements: The home seller must know of a defect in the property The defect must materially affect the property's value The defect must not be readily observable by the buyer and must be unknown to the buyer The buyer must establish that the seller failed to disclose the defect to the buyer In 2011, the 2nd District Court of Appeal heard a separate case, Jensen v. Bailey, and rendered an opinion that focused on the first element of liability under Johnson v. Davis – that the home seller knows of a defect in the property. Specifically, the court considered whether anything less than actual knowledge is sufficient to satisfy the first

Are prepaid property taxes deductible?

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April 17 is the deadline for paying income taxes, but tax advisers still can't agree on whether homeowners who prepaid their 2018 property taxes in 2017 can fully deduct them. Congress passed a tax reform bill late last year, capping write-offs for state and local taxes at $10,000 per return for single filers and married couples. The move set off a rush of homeowners to prepay their property taxes for 2018 at the end of the year before the tax bill took effect this year. The overhaul "barred deductions for many prepayments of 2018 state and local income taxes, but it was silent on deductions of prepaid property taxes," The Wall Street Journal reports. On Dec. 27, the IRS warned prepaying owners that not all prepayments of 2018 property taxes would be deductible on 2017 returns. To be eligible for a write-off, the owners must have known their tax liability at the time of payment, the IRS stated. But some tax specialists disagreed with the IRS' reasoning that prop

Top 10 Countries visiting Miami –

Colombia / Canada / Brazil / Venezuela / Argentina/ France / Spain/ India/ Philippines / Ecuador Colombia continues to be the top foreign country searching for South Florida Real Estate.

7 Great End-of-Summer Home Improvement Upgrades to Do Now

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Home improvement ideas abound during summer, but now that our warmest season is soon coming to a close, you might be thinking, "OMG, have I done anything around the house at all?"   We get it—and the good news is, it's not too late. Summer doesn't officially end until Sept. 22, and the weather is still decent, which means there's still time to squeeze in a few more weekend projects. To help narrow down your options, here's a list of prime home improvements to try before summer's end. In fact, this is the perfect time for many of these projects, since you can score deals on materials as home improvement stores try to clear out their summer inventory. In other words, slacking off was the smart thing to do. Backslap! 1. Plant a vegetable garden Spring and summer aren't the only times to plant produce. Fall is also a great time to start a vegetable garden, but since the weather has cooled, you'll want to focus
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For Lease MLS:  A10326683 8777 Collins Ave #807 Surfside, FL 33154 Asking $2,400 Fully furnished (may be rented unfurnished),  spacious  1 bedroom / 2 bathroom  plus private den with closet.  Beautiful water  and city views from oversized balcony.  Easy access  to the beach,  lounge chairs, jogging path,  new pool,  spa, gym,  BBQ area with seating,  valet, in house  management  and 24hr lobby attendant.  T ennis courts  across  the street  and minutes from shopping, restaurants  and  entertainment.