Real Estate Local Market June 22, 2022

2018 – The Bay ! …. Great Public Park Project ….

The Bay !    Sarasota’s newest Public Park Design, has been Approved !

The Bay Sarasota has produced a finalized plan for redeveloping the land around the Van Wezel Performing Arts Hall.
by: David Conway Deputy Managing Editor – The Observer

The Bay Sarasota, the independent group that’s worked to create a community-driven vision for redeveloping more than 50 acres of city-owned bayfront land, has completed a finalized version of its proposed master plan for the property.

Representatives for Sasaki, the planning firm working with The Bay, outlined the proposal at a pair of meetings at the Van Wezel Performing Arts Hall today. The presentations discussed how the project was intended to enhance the cultural vitality of the site, provide expanded public open space, improve connectivity to other parts of the city and offer an economically and environmentally sustainable long-term strategy for managing the land.

Gina Ford, Sasaki’s lead planner on the project, detailed the core components of the master plan proposal. A new performing arts facility would house the Van Wezel’s programming, though the existing Van Wezel building would be preserved for some new use. A two-level parking garage would be built to reduce the footprint of surface parking on the site. A park would be built above the garage, located near a “destination” children’s play area.

This drawing showcases The Bay’s master plan concept for more than 50 acres of city-owned bayfront land.
A wishbone-shaped structure would extend over the northwest corner of the site — a distinct architectural feature the group has tentatively nicknamed “the arc.” The pedestrian structure would extend over the water at both ends, rising from a pier at the south terminus to a raised overlook at the north.

The plan emphasizes the site’s connection to the water. Near Tenth Street, there’s a waterfront “canal district” lined with restaurants, relocating the existing boat ramp to the north. A waterfront boardwalk cuts beneath the arc.

The canal district would include bay views and short-term spaces for boaters to dock and dine.
The south end of the site is defined by a “recreation pier,” which could include another waterfront restaurant. Mangroves line the edge of an inlet on the south side, and a kayak launch would provide opportunities for water recreation. New pedestrian bridges would allow visitors to travel from the south end of the site to the north along the bay.

The plan includes three pedestrian bridges above U.S. 41, linking the bayfront site to the east. Those bridges are located near 14th Street, Tenth Street and Boulevard of the Arts. Ford said these bridges are not only supposed to get people to the site, but also to stand out as distinct architectural works on their own.

The east end of the site close to U.S. 41 preserves most of the existing buildings, including the Municipal Auditorium and Art Center Sarasota, in an improved “cultural district.” Some existing tenants, including the Sarasota Lawn Bowling Club, and existing buildings, including the GWIZ science center, are not included in the plan. Bill Waddill, The Bay’s managing director, said the group would work to help find a new home for groups such as the lawn bowling club.

The cultural district would include enhanced landscaping and a promenade to connect the existing structures and new arts-focused buildings.
Another group that doesn’t have a defined home in the latest master plan? The Sarasota Orchestra, whose future on the bayfront appears to be in question. In a previous interview, Sarasota Orchestra President and CEO Joseph McKenna said the organization is still in the process of evaluating its future needs.

Today, Waddill said the orchestra is debating whether to stay on the bayfront or search for a new location elsewhere in the city. For now, the master plan identifies a “potential future cultural venue” where Holley Hall is currently located.      

The plan could cost between $100 million and $150 million to implement, and that’s before including the expenses associated with a new performing arts venue. Once it’s built, estimates peg the annual maintenance costs at $4 million to $6 million per year.

The Bay representatives said the plan is to build out the site over the course of decades. They’ve already identified a potential first phase, though: the recreation pier at the south end of the site. That portion of the project could cost $10 million to build and $1 million to $2 million to maintain annually. If the city adopts the master plan, Ford said the group hopes it could develop a segment of that recreation pier — a “Phase 1A” — in about a year.

The recreation pier would include flexible space for events and activity.
The Bay also outlined a proposed structure for managing the site in the future. The group called for the creation of a nonprofit conservancy to operate the site, relying on a mix of public and private resources to offer enhanced maintenance and specialized oversight on the bayfront. The city would help develop the terms of an agreement with the conservancy, The Bay said.  

The full presentation is available on The Bay’s website.

At the 11 a.m. meeting at the Van Wezel, representatives for The Bay fielded questions about the plan — and the logistics of getting it built. Ford said the feedback she heard today was largely positive, and she was optimistic the group had developed a plan that could become a reality.

“I think we did it,” Ford said. “People are really happy.”

 
She acknowledged some questions remain unanswered. Later today, The Bay is scheduled to meet with the City Commission alongside the Van Wezel Foundation and the Sarasota Orchestra to discuss the future of the arts venues on the site. The Bay has also set up a working group for boaters as it attempts to address outstanding concerns from those who use the Tenth Street Boat Ramp.

The Bay has two more public presentations scheduled for Tuesday at the Municipal Auditorium. Even though the master plan is nearing a final state, The Bay intends to continue to gather community feedback and potentially adjust the proposal ahead of a scheduled Sept. 6 presentation to the City Commission.

The group hopes the city will formally adopt the master plan at that meeting. Ford stressed that, even if the proposal was adopted, there would be opportunities to change the master plan as more information becomes available. For now, the goal is to get the community and city leaders to commit to an ambitious vision for the bayfront site.

“It’s a framework, and it’ll continue to evolve as we get feedback,” Ford said. “There’s only so much we can know at any one time. You don’t stop learning, and you don’t stop adjusting the master plan when it’s adopted.”

 https://www.yourobserver.com/article/sarasota-bayfront-the-bay-van-wezel-master-plan-final

I’m so happy to see it moving forward, wended something in that parking lot wasteland and now we have it. It will be a Major addition for a lovely city that was severely lacking in another choice for downtown waterfront leisure. Now all we need is a safe walking trail to connect the two, so that Sarasota’s bayfront is a Public Jewel for all to enjoy !

Visit The Bay’s facebook page: https://www.thebaysarasota.org

Real Estate Local Market June 22, 2022

2018 – Sarasota stays on Top of Luxury Market…

Realtor.com: Luxury market picks up speed

SANTA CLARA, Calif. – Sept. 19, 2018 – Luxury home sales continued to break records as prices hit double-digit gains in 20 major counties, according to the realtor.com 2018 Luxury Home Index released today. Additionally, the number of sales at or above the $1 million mark rose 6 percent over last year.

The realtor.com Luxury Home Index analyzes the luxury price tier, defined as the top 5 percent of all residential sales, in 90 U.S. counties.

Demand for luxury homes remains strong
The pace of sales for luxury homes remains strong. The combined median age of inventory in the 90 luxury markets surveyed was 121 days, down nine days or 6.9 percent year-over-year. Additionally, two-thirds of luxury markets are seeing inventory move faster than this time last year.

In 50 of the 90 counties analyzed, the luxury tier currently has an entry point of at least $1 million, while 70 markets continue to see yearly price growth.

“The conditions in the luxury segment are quite different from the market overall – it’s really a tale of two markets,” says Danielle Hale, chief economist for realtor.com. “Although U.S. median listing prices show signs of slowing growth, luxury prices are moving in the opposite direction in many places. For the second consecutive month, we’ve seen more markets with double-digit, entry-level luxury price growth than in the past four years.”

Sarasota stays on top
Since March, Sarasota, Fla. has remained the nation’s fastest-growing luxury market, with sales prices up 21 percent since last June. Half of all luxury homes in Sarasota sold within 165 days – 22 percent faster than the previous year. Queens, N.Y.; Santa Clara, Calif.; Boulder, Colo.; and Naples (Collier County, Fla.) rounded out the top five counties, each seeing yearly price growth between 13 and 15 percent.

Miami’s luxury market starts heating up
Recent trends in Miami’s luxury segment suggest that the luxury entry point could break the $1 million mark for the first time this fall. After declining for 24 months in a row, Miami luxury prices finally saw growth this January and have now reached the highest price gains since July 2015. Miami’s luxury market is currently growing at 2.2 percent year-over-year.

Other surrounding South Florida counties, including Broward, Collier, Lee, and Palm Beach, saw similar declines in recent years, but many of them have outpaced the rest of the country since early last year with yearly price growth between 5 and 13 percent.

Other U.S. markets
Northern California luxury markets continue performing well, with seven counties in the top 20 fastest growing markets, all of which saw double-digit growth in June. San Francisco, Sonoma, and Santa Clara – up 10, 13, and 15 percent, respectively – are showing there is still room for growth. On the other hand, San Mateo, Sacramento, San Luis Obispo, and Santa Cruz are holding steady.

There’s a hot streak in Davidson and Williamson counties, both part of the greater Nashville area, which grew 12 and 11 percent, respectively. Both saw double-digit growth in June, after steadily gaining momentum since 2016. Half of all luxury homes sold in 61 days in Davidson County, putting it among the nation’s 10 fastest-moving luxury markets.

Seattle (King County, Wash.) luxury grew by 13 percent in June compared to the same time last year, pushing its luxury entry point to $1.5 million. This marks Seattle’s 11th consecutive month of growth between 12 and 14 percent. As the market’s growing tech scene funnels in a more affluent crowd, more buyers can afford pricier homes, which may push demand – and prices – higher.

© 2018 Florida Realtors® source: https://www.floridarealtors.org/NewsAndEvents/article.cfm?p=3&id=371630

Real Estate Local Market June 22, 2022

2018 TaxWatch: Fla. still a low-tax state – No. 42 out

TaxWatch: Fla. still a low-tax state – No. 42 out of 50 

 

TALLAHASSEE, Fla. – July 19, 2018 – Florida retains its ranking as one of the nation’s lowest-tax states, according to the latest study released by Florida TaxWatch. Out of 50 states, Florida ranks No. 42 in the average amount of money paid by residents.

 

Florida TaxWatch findings

Floridians pay an average $5,679 per person in state and local taxes
Residents pay an average $2,584 in state taxes – one of the least amounts nationwide. Only the residents of one other state pay less.
However, local tax burdens are higher. “Per Capita Local Tax Collections” ranked No. 27 nationally.
In the balance between state and local taxes, Florida relies more heavily on local revenue than almost all other states and is No. 2 nationwide. Local taxes account for 53.3 percent of the total.
With property taxes, Florida ranks a solid “average” score – No. 25. The state’s per capita property tax ranking is right at the median – 25th.
Florida also classifies 38.7 percent of its state and local revenue as non-tax revenue (such as “fees”) – the 7th largest percentage in the nation.
Florida relies more heavily on transaction taxes, such as general and sales taxes. They make up, 81.5 percent of all state tax collections compared to the national average of 47.2 percent.
Florida has the highest state and local selective sales (excise) taxes on utilities in the nation. The tax on motor fuels is No. 15; the tax on alcoholic beverages is No. 19.
Florida’s housing sector produces significant revenue, and the state’s documentary stamp taxes are rising rapidly post-recession. It collected an average of $276 per capita in 2006, $72 in 2009, and $130 per capita in 2016 – the nation’s second-largest doc-tax burden.
Florida is one of seven states without a personal income tax. The average state relies on personal income taxes for 37.0 percent of its tax revenue.
Businesses pay 51.7 percent of all Florida state and local taxes – the 12th highest percentage in the nation.

The Florida TaxWatch study is posted online.

© 2018 Florida Realtors®

 

BUYERS & SELLERSReal Estate Local Market June 22, 2022

6 Costs Homeowners Overlook and How to Pay for Them…

6 Costs Homeowners Overlook and How to Pay for Them 


Source; Posted on Aug 15 2018 – 11:05am By the Experts at Hippo Insurance

For many people, a house is the biggest investment they’ll ever make. And whether you’re a first-time homeowner or you’re buying your third property, you’re bound to end up covering some unexpected expenses. Here are six costs homeowners tend to overlook and how to pay for them:

1. Property taxes
Be prepared to pay property taxes and keep in mind that they rarely decrease. Homeowners often pay them every month along with their mortgage payments. If your loan is backed by the Federal Housing Administration, you’re required to have an escrow or impound account.

If you don’t have to make property tax payments through an escrow account, they may be due at the end of the year. In some counties, you might pay them in installments.

2. Homeowners association fees
Whenever you move into a new home or condominium, you become part of a community. In many cases, there are fees associated with the maintenance and general upkeep of shared common areas. The money collected might cover snow removal, landscaping or repairs to a meeting room.

Monthly homeowners association (HOA) fees for standard single-family homes tend to cost between $200-$300, but rates can vary depending on several factors, including how recently a housing community was built and the kinds of amenities that are available. That’s why it’s best to know how much fees cost upfront. In West Hollywood, Calif., for example, residents in Sierra Towers condos get access to a 24-hour concierge service and valet parking, but spend around $4,000 per month on HOA fees.

3. Insurance premiums
If you own a home, another cost you should include in your budget is insurance. The average annual homeowners insurance premium costs $1,120, according to recent data provided by the National Association of Insurance Commissioners, but the amount you pay may be higher or lower based on where you live and the kind of policy you choose.

Homeowners insurance typically covers personal possessions, liability for injuries that take place on your property, the structure of your house and additional costs associated with living elsewhere if your home is severely damaged. If you live in an area prone to natural disasters, you might need a supplemental policy like flood insurance.

4. Repair and maintenance costs
Repairing or replacing a roof, furnace or air conditioner can be expensive, and at some point, you might have to address plumbing issues or trade in some old appliances.

The cost of home maintenance is another thing you’ll have to factor into the cost of homeownership. You’ll need money to keep your yard, gutters, carpet and everything in between in tip-top shape.

Financial experts generally recommend setting aside 1 percent of your home’s value to cover the cost of unexpected repairs and maintenance. If you’re trying to save money, you’re better off doing some of the work yourself. Just make sure you have enough funds for the materials you need to get the job done.

5. Costs associated with selling a home
Having a home that’s well-maintained not only lets you enjoy your house while you’re living there, but also prevents you from being saddled with additional costs when you’re ready to sell it.

Replacing your roof or furnace might be something you want to put off, but failing to make necessary repairs or meet demands made by potential homebuyers could hurt your market value or cost you a sale.

6. Pest control costs
Pests are a real concern for many homeowners. Over time, all sorts of critters—like termites, ants, spiders and rodents—might invade your home. Depending on how serious the problem is, you might need to fumigate your house.

If you’re interested in buying a home, make sure you hire an inspector to check for bugs and termites that could cause structural damage. While lenders don’t always require homebuyers to pay for pest inspections, it’s important to have one done. You don’t want to close on a house only to find out later that there’s an issue. Termite inspections generally cost between $75-$150, according to Angie’s List.

Build a rainy day fund!
It’s always better to be prepared for a storm than to be caught in a downpour without an umbrella. Despite the high costs, owning your own home can be a rewarding experience.

Hope for the best and prepare for the worst by keeping enough money in your savings account to cover unforeseen costs. Make sure you account for all of the hidden expenses and fees associated with buying a home and budget accordingly.

Hippo is an InsureTech company that’s reimagining home insurance through the lens of homeowners. Hippo Insurance is available to homeowners in 10 states throughout the U.S. and will be available to more than 60 percent of the nation’s homeowners by the end of 2018.

Real Estate Local Market June 22, 2022

2018- Ultra-luxury home market stays hot in Sarasota …

Sales in $5 million-plus range on pace to exceed last year’s mark

The red-hot market for luxury residences in Sarasota-Manatee continues this year after a banner sales season in 2017. The most striking aspect of the increase in sales for $1 million or more comes with the most expensive homes — the $5 million-plus transactions.

As of mid-June, according to the latest data by the Mid-Florida MLS, 11 homes sold in excess of $5 million this year, with most on the barrier islands. All three in Manatee County sit on the north end of Longboat Key.

“I am excited to see that the ultra-luxury market continues to outpace the prior year,” said Joel Schemmel of the Schemmel Property Group with Premier Sotheby’s International Realty. “We have seen a 67 percent increase in sales over $5 million in Sarasota and Manatee counties this year compared to the same period last year.”

Kim Ogilvie, a Realtor with Michael Saunders & Co., agreed. “As I count it, there were 12 sales last year and eight so far this year over $5 million (in Sarasota County),” she said “We’re on track to meet or exceed last year’s numbers.

“At present, I have two properties in the $5 million-plus range with buyers circling and seriously considering,” she said.

Lori Carey of Premier Sotheby’s sold a 19,000-square-foot Venice home on an acre at 600 N. Jackson Road for $8.6 million; Deborah Beacham of MSC sold the 7,400-square-foot Gulf-front Lido Shores residence at 1219 Westway Drive for $7 million, and a bank-owned 9,200-square-foot waterfront home on about an acre at 4011 Shell Road on Siesta Key for $5.675 million.

The Shell Road sale, which closed on Thursday, represents the highest single-family home transaction on Siesta Key this year, said Elise Ramer of Premier Sotheby’s.

Homes: What can you buy for $1 million in Sarasota-Bradenton-Venice?
In late July, Michael Saunders & Co. listing agents Beverly St. Hilaire and Tak Konstantinou sealed the sale of a 10,200-square-foot Mediterranean Revival home at 5060 Gulf of Mexico Drive on Longboat Key for almost $6.9 million — the second-highest sale in Manatee County this year, according to the company’s Samantha Emelock. The residence, known as the Villa de Como, won HGTV’s 2016 “Making an Entrance” sweepstakes.

“This last quarter was quite strong for the luxury market, especially heading into the ‘slower’ months,” Emelock said. “This could very well correlate to Sarasota’s rising prominence as a second-home market for many of the world’s affluent (Christie’s International Real Estate’s Luxury Defined study showed Sarasota as the third-hottest second-home market this year).”

The average for-sale price in the $5 million-plus category from Mid-Florida MLS data compiled by Emelock rose slightly in June to $8.25 million, up 0.7 percent from the previous month’s $8.2 million.

The average sold price per square foot fell to $450 from July’s $1,045, a drop of 57 percent. The price peaked this year in March at $1,162.

“Activity in the luxury sector continues to be positive,” Ogilvie said. “Serious sellers and serious buyers are in the market during the summer in Sarasota.”

Realtor.com’s Luxury Housing Market Index published in July shows a 9.14 percent increase in current luxury sales prices in the Sarasota-Manatee market, surpassing $1.8 million for the first time since the website began compiling data in January 2011.

SOURCE: By Chris Wille Real Estate Editor Posted Aug 6, 2018 at 4:02 PMUpdated Aug 7, 2018 at 12:49 PM

BUYERS & SELLERSReal Estate Local Market June 22, 2022

What is the Coastal Construction Control Line?

CCCL: What is the Coastal Construction Control Line?
https://floridadep.gov/water/coastal-construction-control-line/content/locate-coastal-construction-control-line-cccl

What is the Coastal Construction Control Line?
In order to protect, preserve, and manage Florida’s sandy beaches and coastal system, the Legislature adopted the Florida Beach and Shore Preservation Act, contained in Parts I and II of Chapter 161, Florida Statutes. The Coastal Construction Control Line (CCCL) Program, one of three interrelated components of the Statewide Beach Management Program, protects the beach and dune system from imprudent upland construction which could weaken, damage, or destroy the integrity of the system.

The CCCL is a Jurisdictional Boundary – Not a Setback Line
The CCCL is a line of jurisdiction, defining the landward limit of the Department’s authority to regulate construction. The CCCL is not a setback line or line of prohibition. New construction as well as additions, remodeling, and repairs to existing structures are allowed seaward of the control line; however, such structures and activities, unless exempt by rule or law, require a CCCL permit from the Florida Department of Environmental Protection.

Is Your Homesite Within the CCCL?
The Florida Department of Environmental Protection has an interactive map where you can find out if your homesite is within the CCCL. To use the map, click on the link below to go to the CCCL map. Start entering your address in the search box at the top-right of the screen. As you type, your address should show up in a list below the search box. Once your address shows up in the list, click on it.

> CCCL Map
> Instructions on How to Use the CCCL Map (PDF)

Location of the CCCL
The control line represents the landward limit of the significant damage to upland structures from water forces from a one-hundred year coastal storm. Structures located seaward of the CCCL are expected to be impacted by the high winds and storm surges which accompany such severe storms and therefore should be designed and built to withstand those forces

CCCL Program Administration
Chapter 62B-33, Florida Administrative code, provides the design and siting requirements that must be met to obtain a coastal construction control line permit. Approval or denial of a permit application is based upon a review of the potential impacts to the beach dune system, adjacent properties, native salt resistant vegetation and marine turtles.

Code officials and design professionals are required to comply with the building code requirement for both the CCCL and flood hazard areas, and must ensure that the more restrictive provisions prevail.

Helpful CCCL Links
> CCCL Permitting Documents
> CCCL Permitting Contacts
> CCCL Rules & Regulations
Florida Beaches & Coastal Systems

Helpful CCCL Publications
> Homeowner’s Guide to the CCCL Program (PDF)
> Frequently Asked Questions About the CCCL (PDF)
> How to Determine if Your Property if Seaward of the CCCL (PDF)
> Coastal Construction Items of Concern (PDF)
> Coastal Armoring Policy and Guidelines (PDF)

BUYERS & SELLERS June 22, 2022

Sellers Property Disclosure …

Florida, like many other states, now requires sellers of homes and other residential properties to make certain disclosures to buyers about the property’s condition and history.

This is a shift from the traditional legal principle of “let the buyer beware,” which basically made it the buyer’s responsibility to inspect the home and discover whether there are any unacceptable conditions or defects before closing the deal. However, in an ever-increasing number of states, courts and lawmakers have held that sellers are in the best position to know all material facts relating to their properties, especially those that are not visible to the naked eye, and should disclose these to the buyer – or face legal liability.

How Florida Sellers Must Make Disclosures to Prospective Home Buyers
Florida law provides that, with some exceptions, you (as a home seller) must disclose any facts or conditions about your property that have a substantial impact on its value or desirability, and that others cannot easily see for themselves (This comes from the court case of Johnson v. Davis, 480 So.2d 625 (Fla. 1985)).

To assist sellers in making all relevant disclosures, the Florida Association of Realtors® provides a standard form, which covers many common property characteristics about which buyers want to know. (This is separate from the standard contract that is used in most residential real estate transactions to bring about the purchase and sale of the home.)

The categories covered on the standard Florida disclosure form include, for example:

whether any actual or potential claims, complaints or court proceedings affect the property
whether the property is subject to the rules of a condominium or condominium association
whether any disputes have arisen regarding the property’s boundaries
whether the property contains any past or present sinkholes (a frequent hazard in Florida)
whether the property contains any environmental hazards such as asbestos, lead, mold, Chinese drywall (another hot-button problem in Florida), and others
whether any infestations or damage have occurred from wood-destroying organisms such as termites and carpenter ants, and
whether there are any problems with essential components of the home, such as the roof, plumbing, electrical wiring, major appliances, HVAC, and more.

Some sources claim that, as a seller, you may make disclosures either verbally or in writing. Florida law does not definitively direct sellers either way. However, if you make oral disclosures without any written confirmation, you may have a difficult time proving later that you made them, which is especially problematic if the buyer purchases the property and later finds problems with the home. As a common sense and good business practice measure, it is best to make your property disclosures in writing.

Florida statutory law also requires that you present the buyer with a property tax disclosure summary (Fla. Stat. § 689.261). This summary may be included within the standard disclosure form described above or as a separate document, as long as it contains the language required by the statute. The language essentially states that a buyer cannot assume that the amount of property taxes currently paid by the seller will remain the same after the sale.

Florida Home Sellers Need Only Disclose What They Know About
Don’t worry that you will be expected to know or learn about and disclose every minute detail of your home’s condition. As the seller of a home in Florida, you have the benefit of laws declaring that you will not be held responsible for property defects of which you have no actual knowledge. (This comes from the court case of Jensen v. Bailey, 76 So.3d 980 (Fla. 2nd DCA 2011).)

If you sell a Florida property, and the buyer later claims in court to have discovered a defect that you did not properly disclose, that buyer must be able to demonstrate that:

You knew about the property defect.
The defect has a substantial impact on the value of the property.
The buyer did not, upon purchase, know about the defect.
The defect would not have been easy for the buyer to detect.
You did not tell the buyer about the defect

Florida Home Sellers Are Not Responsible for Defects They “Should Have Known” About
Florida homeowners are required to disclose only those property defects of which they have actual knowledge.

For example, in the Jensen case mentioned above, the sellers had stated in their written disclosures that no additions or alterations to the property violated building codes. After the purchasers moved in, however, they discovered that several alterations made to the master bath, kitchen, and bedroom did not comply with building codes. The buyers sued. The court ruled for the sellers, finding that they didn’t apparently know about the violations, having (like many homeowners) left compliance matters to their contractors.

As in the above case, Florida courts have attempted to protect home sellers from fear of being sued every time they sell their properties. Sellers in Florida are not expected to guarantee to buyers that their properties are defect-free, which would be an impossible promise to make in most cases.

Facts About the Property That Sellers Need Not Disclose
There are a number of property conditions that Florida sellers (and their agents) are not required to disclose, no matter how unappealing these may be to some buyers. As a Florida seller you are not (under (Fla. Stat. § 689.25) required to disclose:

that the property has been inhabited by a person infected with HIV or AIDS, or
that a murder or suicide has occurred or is suspected to have occurred on the property

You are fortunate to have the benefit of this law, as these conditions might very well be a dealbreaker for some buyers, or a basis for them to demand a drastic reduction in your asking price.

But what if the buyer asks about these issues? Florida law merely states that you are not required to disclose these conditions, and does not indicate how you should answer if asked. As a practical matter, silence (for example, “The law does not require me to disclose such information”) is probably the best policy; or honesty if it won’t impact the privacy of previous inhabitants. If a buyer asks and you make a misleading or false statement, the buyer might seek legal relief against you on such grounds as misrepresentation.

How Federal Guidelines Affect Florida Real Estate Transactions
A few federal regulations also govern real estate disclosures in every state. For example, if your home was built prior to 1978, you must disclose any known existence of lead-based paint. (The federal lead disclosure requirements are found at 42 U.S.C.A. §§ 4851-56.)

According to the Environmental Protection Agency (EPA) website, you must also provide an EPA-approved pamphlet addressing lead-based paint hazards. Further, you must include language in the real estate contract entitled “Lead Warning Statement” declaring that you have met all notification requirements.

If Selling Your House “As-Is,” You Still Need to Disclose
If the buyer agrees, you also have the option of selling your home “as-is.” That means that the buyer agrees to take the property in its existing condition without your having to make any further repairs or improvements to it.

However, a so-called “as-is” clause does not relieve you from your disclosure duties under Florida law. You will still need to advise buyers of all material defects that you know about concerning the property.

source:
https://www.nolo.com/legal-encyclopedia/florida-ho…
==========================================

Lawsuits regarding nondisclosure of a home’s problems are becoming more prevalent. Historically, the rule of “caveat emptor” or “buyer beware” was the prevailing standard in residential transactions. However, the law has evolved and Florida now requires sellers of residential property to make certain disclosures to buyers about the property’s condition and history. An increasing number of sellers and sometimes their real estate agents are finding themselves on the hook for nondisclosure. Therefore, it is important for both home sellers and real estate agents to be familiar with the disclosures required.

Florida law provides that, with some exceptions, a home seller must disclose any facts or conditions about the property that have a substantial impact on its value or desirability, and that are not easily observable to a buyer. This has been the standard since the Florida Supreme Court decided the case of Johnson v. Davis, 480 So.2d 625 in 1985.

Although not required by Florida law, it is well advised that property disclosures be made in writing together with proof of delivery to the buyer. Although some required disclosures are included in the prevailing residential real estate contract forms, disclosures relating to the specific property are normally made by separate disclosure form. Types of issues or property conditions required to be disclosed include:

whether improvements have been made without building permits;
whether the property contains any environmental hazards such as asbestos, lead, mold, Chinese drywall;
whether any infestations or damage have occurred from wood-destroying organisms such as termites and carpenter ants;
whether there are any problems with essential components of the home, such as the roof, plumbing, electrical wiring, major appliances, HVAC;
whether any actual or potential claims, complaints or court proceedings affect the property;
whether the property is subject to the rules of a condominium or condominium association; and,
whether any disputes have arisen regarding the property’s boundaries.

The good news for sellers in Florida, home sellers are not responsible for defects they “should have known” about. Rather, Florida sellers are required to disclose only those property defects of which they have actual knowledge. This standard was determined in the case of Jensen v. Bailey, 76 So.3d 980 (Fla. 2nd DCA 2011). In this case, the Court recognized that sellers should not be expected to guarantee to buyers that their properties are free of all defects. Instead, to make a claim against a seller, the buyer must be able to demonstrate that:

the seller knew about the property defect;
the defect has a substantial impact on the value of the property;
the buyer did not know about the defect at the time of purchase;
the defect was not readily observable or easy for the buyer to detect; and,
the seller did not disclose the defect to the buyer.

It is important to note that selling a home in “As-Is” condition, does not relieve a seller from the disclosure duties under Florida law. The “As Is” condition means only that the buyer agrees to take the property in its existing condition without the seller having to make any repairs.

Bottom line: Sellers are well advised to carefully review their property disclosures to any prospective purchaser. A little extra caution at this stage of any potential transaction can limit a seller’s liability exposure and help avoid a lawsuit post closing.

source:
http://www.legalscoopswflre.com/due-diligence/resi…

Real Estate Local Market June 22, 2022

Florida’s 2018 profile of International Real Estate Buyers …

Florida’s 2018 profile of international real estate activity

This is a fascinating overview of 2018 Real estate activity in Florida from Foreign Buyers….. courtesy of Florida Realtors Association.

ORLANDO, Fla. – Oct. 22, 2018 – Florida Realtors® has released its latest report on the state’s foreign buyer and seller transactions, the 2018 Profile of International Residential Real Estate Activity. The one year-report – from August 2017 through July 2018 – found a small slowdown in international activity within the state, due mainly to a tight home inventory and rising property values.

In many areas, foreign buyers compete with U.S. buyers for the same properties, and solid U.S. employment growth boosted the domestic competition. In addition, mortgage rates remain relatively low compared to historic values, and the large supply of buyers, both foreign and domestic, had to compete for a relatively small number of homes for sale.

A stronger U.S. dollar also made Florida homes more expensive for foreign buyers from selected countries, notably Venezuela and Brazil. When asked about challenges faced by their international clients, Realtors surveyed said top objections included “Cost of property,” “could not find property,” and “exchange rate.”

South Florida remains the preferred location for international business. While foreign buyers purchased property across the state, most foreign buyers were concentrated in five metropolitan areas:

Miami-Fort Lauderdale-West Palm Beach (54 percent)
Orlando-Kissimmee-Sanford (9 percent)
Tampa-St. Petersburg-Clearwater (9 percent)
North Point-Sarasota-Bradenton (5 percent)
Cape Coral-Fort Myers (5 percent)
Size of Florida’s international market, 2017-2018

Foreign buyers purchased $22.9 billion of Florida’s existing detached single-family, townhomes and condominiums – a five percent year-to-year decline from $24.2 billion.
In dollar value, foreign buyers made up 19 percent of the market (21 percent in 2017).
In number of sales, foreign buyers purchased 52,000 of Florida’s existing homes – a 15 percent year-to-year decrease (61,300 one year earlier)
As a percentage of all sales, foreign buyers made up 13 percent in the latest report – 15 percent in the year before.
Average cost of foreign-purchased home: $286,500 compared to $259,400 in 2017, or about a 10 percent increase.
Overall, foreign buyers paid about 20 percent more that the median price of a Florida home.
Characteristics of Florida’s foreign buyers

68 percent primarily reside in another country; the rest are recent immigrants (less than two years in the U.S.) or visa holders.
Latin American and Caribbean buyers accounted for 36 percent of Florida foreign buyers, followed by Canadians (22 percent), Europeans (19 percent) and Asians (11 percent).
Most foreign buyers – 67 percent – made an all-cash purchase (72 percent in 2017).
71 percent purchased residential property for vacation, residential rental or both (68 percent in 2017).
Slightly more than half of foreign buyers preferred townhouses or condominium (53 percent), while 43 percent purchased a detached single-family home, 3 percent purchased residential land and another 3 percent purchased other types of properties.
Nearly half of foreign buyers purchased in a suburban or small town/rural area.
93 percent visited Florida at least once before purchasing a property.

 This is a fascinating overview of 2018 Real estate activity in Florida from Foreign Buyers….. courtesy of Florida Realtors Association

BUYERS & SELLERSReal Estate Local Market June 22, 2022

Canadians !

As a fellow Canadian,

I know how your winters can be and how we cherish a wish for a warm winter get-a-way close to home….

For years now, we Canadians have been buying up Florida real estate and businesses. I am here to help you through the many phases of a Florida real estate purchase.

 

Florida Real Estate Info for Canadian Buyers – Real Estate Fees

Before you buy Florida real estate, you will want to know the majority of expenses you will face in a U.S. real estate transaction. In Florida, most of the expenses in a real estate transaction are the responsibility of the seller, not the buyer.

As a Canadian buyer, you should allow approximately 5% of the purchase price to cover legal, title insurer and notary fees, title insurance premiums, transfer taxes, property taxes and mortgage loan fees (if applicable).

DEPOSIT. When you submit a formal offer to a seller, you will also need to offer a deposit. For your deposit amount, you will need to make a check payable in U.S. Dollars. Most Florida real estate contracts require at least 1-2% earnest money to ensure that you are a serious buyer. Your deposit will be held and credited to you at the close of escrow when the real estate property transfers to you.

ESCROW. As a buyer, your most significant fee is escrow. Once a seller has accepted your offer, we will “open escrow” with a neutral 3rd party escrow service. The escrow service provider is charged with (1) safeguarding all monies put on deposit and (2) ensuring the timely completion of all paperwork needed to transfer the property fully and legally to you. Your escrow amount will depend on the size of your Florida real estate purchase. Prior to agreeing to an escrow service provider, you are entitled to know your approximate fees.

LOAN FEES. If you apply for a home loan in the U.S., your fees are determined by the lender. Prior to signing for a home loan, you are entitled to receive an estimated closing costs statement which details your fees. Expect to put at least 30% down if you are using a U.S. lender to finance your purchase.

INSURANCE. If you apply for a home loan in the U.S., you will need to provide proof of sufficient insurance to protect your asset.

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Canadian Buyers – Real Estate Process

FINANCING. For Canadian buyers, paying cash for U.S. properties is highly recommended. If you need a loan, your next best best is working with a lender in your own country. However, if needed, we can direct you to U.S. lenders loaning to foreign nationals. Generally, Canadians have to put down 30% or more to receive U.S. financing.

PURCHASE CONTRACT. Once signed, a real estate purchase contract is binding. However, contingency clauses allow you or the seller to withdraw under specific circumstances.

TITLE INSURANCE. Once a contract is signed, a title insurance company needs to scrutinize public records to insure the property against any third party claims.

HOME INSPECTION. After your offer is accepted, you have a certain period of time to schedule a physical inspection of the property. We always recommend an inspection.

U.S. NOTARIZATION. Generally, if you are buying with cash, you will not have to notarize anything. However, if you are financing your purchase with a loan, your loan documents will need a notarized signature by a U.S. notary. Most Canadian buyers go to the nearest U.S. consulate for U.S. notary services. We can help you locate a notary close to you.

UTILITIES: We will provide you with a list of the Florida utility providers so that you can set up utilities in your name prior to closing. Simply let the utility companies know the approximate date of the sale.

 

Canadian Buyers – Real Estate Taxes

In Florida, annual property taxes amount to approximately 1.5% of the property’s value. All real estate rental income is subject to tax in Florida.

Canadian Buyers – Passports, Visas, Residency in the U.S.

When buying property in Florida, Canadian buyers will need to obtain the right passports and visas.

PASSPORT. Canadian citizens must obtain a passport to visit the U.S. for business or pleasure without a visa for up to 90 days per year.

B2 VISA. Canadian citizens wishing to stay between 90 days and six months must hold a B2 visa.

FLORIDA GREEN CARD. To live and work in Florida, you will need a Florida Green Card through the Immigration and Naturalization Service.

If you are a Canadian citizen interested in buying property or a business in Florida, contact Gina today to discuss your particular circumstances.

As a Canadian transplant of 18 years, I understand the uncertainty of moving to another country and buying far from home, that is why I offer Property Management Services for your Investment or Second home purchase.

Canadian or Any Foreign Seller, please review the FIRPTA rules for selling US real estate: FIRPTA

 

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BUYERS & SELLERSReal Estate Local Market June 17, 2022

Taking Title in Florida …

NOTE: This article is no substitute for consulting with an Attorney on the best way for you to take Title.

HOW YOU CAN TAKE TITLE
Title to real property in Florida may be held by individuals, either in Sole Ownership or in Concurrent Ownership. Concurrent Ownership or “Co-Tenancies” of real property occurs when title is held by two or more persons. Generally, there are four variations as to how title may be held in Florida. Below is a brief summary referencing the more common examples of Sole Ownership and Co-Ownership. 

I. SOLE OWNERSHIP
The simplist form of ownership:

A man or woman who is not married.
A Married Man/Woman, as His/Her Sole and Separate Property (must be non-Homestead property)
No creditor protection

II. TENANCY IN COMMON
A title is the evidence of a person’s right of ownership and possession of the land. Sometimes, someone other than the record owner has a legal right to or an interest in the land. If such a right can be established, this adverse person can make claim to the land.

A. No Right of Survivorship: There is no right of survivorship between tenants. Thus, each tenant in common can make a testamentary transfer of his interest; if a tenant in common dies, his interest will pass under the intestacy statutes or by will to his heirs.

Example: A and B take title to Greenacre as tenants in common. They have equal shares (1/2 each). A dies, that it will, leaving only one relative, a son, X. Title to Greenacre is now: 1/2 undivided interest in X, and 1/2 undivided interest in B.

B. Unequal Shares: Tenants in common may have unequal shares. There is no right of survivorship between tenants. Thus, each tenant in common can make a testamentary transfer of his interest; if a tenant in common dies, his interest will pass under the intestacy statutes or by will to his heirs.

Example: A and B hold title to Greenacre as tenants in common, with A holding and undivided 1/4 interest and B a undivided 3/4 interest

C. Presumption Favoring: In Florida, so long as the Co-tenants are not husband-and-wife, there is a rebuttable presumption in favor of tenancy in common.

D. No Creditor Protection: If the property owned is non-homestead in character, than creditors of one co-tenant can levy on that co-tenant’s undivided interest to satisfy the debt owed to the creditor.

 

III. JOINT TENANCY WITH RIGHT OF SURVIVORSHIP
As Joint tenancy with right of survivorship two or more people own a single unified interest in the real property.

A. Survivorship: Each joint tenant has a right of survivorship. That is, if there are two joint tenants, and one died, the other becomes sole owner of the interest that the two of them had previously held jointly.

B. Possession: Each joint is entitled to occupy the entire premises, subject only to the same right of occupancy of the other tenant(s).

C. Equal Shares: Since the joint tenants have identical interest, they must have equal shares. Thus, one joint tenant cannot have a one fourth interest, say, with the other having three-forth interest.

D. Granting a Mortgage: Since Florida is a “title theory” state, if one joint tenant mortgages his or her interest, the grant is treated as a conveyance which destroys the joint tenancy. As a result, the lender will have a mortgage on an undivided 1/2 interest in the property: the other joint tenant will be unaffected.

 

IV. TENANCY BY THE ENTIRETY
This form of concurrent ownership can only exist between married persons. Like Joint tenancy with right of survivorship, both the husband and wife have identical interest.

A. No Severance: A key feature of the tenancy by the entirety is that it is not subject to severance. So long as both parties are alive, and remain husband-and-wife, neither one can break the tenancy. No convenience, will be good without Joiner of both spouses.

B. Survivorship: Most significantly, each spouse knows if he or she survives the other, the survivor will get a complete interest.

C. Protection Against Creditors: The entirety estate cannot be pierced by creditors of one spouse alone. For a creditor to Levy upon entireties property to satisfy debt, the creditor must be a creditor of both the husband and wife.

D. Divorce: If the parties get divorced, the tenancy by the entirety fiction ends. The parties are then treated as owning separate “undivided” interests (usually as tenants in common).

 

The preceding summaries are a few of the common ways to take title to real property in Florida and are provided for informational purposes only. There are significant tax and legal consequences on how you hold title. We strongly suggest contacting an attorney for specific advice on how you should actually vest your title.