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Serving South Florida

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For over 40 years

Uncategorized

COVID-19: Weighing the Risks of Going Out

COVID-19 Risk Chart
COVID-19 Risk Chart

Since COVID-19  lock downs began in the US, most Americans have drastically changed their patterns: following instructions to stay home, limiting almost all contact with others, and venturing out only for essential trips and exercise. Americans are getting tired of staying inside. All states have re-opened at different levels. As states begin to ease social distancing restrictions, people are beginning to have more options. Between those wanting to patronize newly reopened businesses or socialize in person, and more employers calling people back to work.

The safest thing anyone can do in the middle of the Covid-19 outbreak is still the same as it was a few months ago: Stay home as much as possible to avoid catching or spreading the virus until there is a vaccine or effective treatment, or until the pandemic otherwise ends. That especially applies to people who are sick, who should do all they can to avoid exposing others to the coronavirus.

But for many people, it’s really not clear which kinds of gatherings are safe and which aren’t. And that uncertainty can spark anxiety. Fortunately, health experts know more about the COVID-19 than they did when the lock downs began, and they can point us to different levels of risk as we begin to reengage. First and foremost, the advice that has been repeated for much of the past few months remains true: Your home is still the safest place to be during this pandemic. You should continue trying to stay home as much as possible, because the virus is still circulating at a very high rate in many communities. But whether you need to for work or you’re simply tired of looking at your home’s walls, there are ways to mitigate risk when you go out.

if you want to do something outside your home, it’s better to take advantage of the fresh air and do it outdoors rather than indoors when possible. If you want to meet with certain friends or family, consider a pact with them in which you’ll both agree to minimize or eliminate contact with anyone else, to reduce overall exposure for everyone involved.

The most important thing: Avoid indoor spaces that bring you within 6 feet of people from outside your household for long periods. “It is about density. It is about duration of contact,” according to Cyrus Shahpar, a director at Resolve to Save Lives. So if you’re having friends over, consider hanging out outside (and keep it to a small group). If you want to eat at a restaurant, look for outdoor seating. If you’re going for a run, go to the park, beach, or streets instead of the gym.

After some mixed messaging from federal officials early on in the COVID-19 outbreak, there is widespread consensus that people should wear masks when they go out — a surgical or medical mask if they have one, a cloth one if they don’t.  The Centers for Disease Control and Prevention recommends masks “in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies), especially in areas of significant community-based transmission.” But other experts — and, in some cases, government mandates — go further, saying you should wear a mask in just about any setting outside your home as long as the pandemic continues.

The primary reason for a mask is to stop transmission from the wearer to others, particularly from people who are infected but asymptomatic and therefore might not even know they’re infected. If you wear a mask, you’re less likely to spray virus-containing droplets on surfaces or other people when you breathe, talk, sing, laugh, sigh, snort, cough, sneeze, and whatever else you might do with your mouth and nose.

One of the common pieces of advice throughout this pandemic has been to keep 6 feet or more away from people you don’t live with, summarized by the catchy slogan “6 feet distance determines our existence.” The closer you are to someone, the likelier they are to shed their coronavirus all over you, and vice versa.

Whether you’re leaving your home because you have to for food or work, or you’re going out because you can’t stand the sight of your apartment anymore, one way to minimize risk is to space out all your trips.

With every venture outside, you are putting yourself at risk of contracting COVID-19 in a world that’s still engulfed by a pandemic.

ALWAYS wash your hands frequently, and don’t touch your face. If you’re going to frequently venture far outside your home, that advice is especially pertinent. Take hand sanitizer to use religiously and wear gloves whenever possible.

Stay Safe, Stay Healthy, Stay Home Whenever Possible

La Clara

La Clara

La Clara, West Palm Beach, FL

La Clara is a new construction condominium project by premier developer, Great Gulf, in the heart of West Palm Beach, FL with views of Palm Beach, the Intracoastal Waterway and the Atlantic Ocean.  The resort-style,  25 story boutique condominium, offers only 83 residences.    La Clare deftly combines classic luxury with contemporary design. Airy one to three-bedroom residences, from 1,500 to over 3,000 square ft, all feature expansive private terraces with radiant water views.

La Clara,  designed by Hariri Pontarini Architects, will feature a fitness center with a yoga studio and spas, an outdoor garden and walking area, a dog spa, a club lounge, theater, conference room and business center, valet service, concierge, wine tasting and storage areas.

Located on scenic South Flagler Drive in West Palm Beach, across the Royal Park Bridge – equidistant from the bustling downtown city centre of West Palm and the iconic destination of Palm Island. Residents will enjoy the best of both, without having to compromise. Abundant amenities and masterfully finished interiors will provide a sense of refined living, and the luxury of never needing to venture beyond the grounds.

Levels 4-5

UNIT A
1 BEDROOM/1.5 BATHROOM
1,203 SQ FT INTERIOR
358 SQ FT TERRACE

UNIT B
2 BEDROOM/2.5 BATHROOM
1,652 SQ FT INTERIOR
887 SQ FT TERRACE

UNIT C
2 BEDROOM/2.5 BATHROOM
1,516 SQ FT INTERIOR
338 SQ FT TERRACE

UNIT D
2 BEDROOM PLUS DEN/2.5 BATHROOM
2,044 SQ FT INTERIOR
533 SQ FT TERRACE

UNIT E
3 BEDROOM/3.5 BATHROOM
3,094 SQ FT INTERIOR
754 SQ FT TERRACE

Levels 6-22

UNIT C
2 BEDROOM/2.5 BATHROOM
1,516 SQ FT INTERIOR
338 SQ FT TERRACE

UNIT D
2 BEDROOM PLUS DEN/2.5 BATHROOM
2,044 SQ FT INTERIOR
533 SQ FT TERRACE

UNIT E
3 BEDROOM/3.5 BATHROOM
3,094 SQ FT INTERIOR
754 SQ FT TERRACE

UNIT F
3 BEDROOM/3.5 BATHROOM
3,158 SQ FT INTERIOR
1,153 SQ FT TERRACE

From tennis and golf, to waterfront dining and afternoon strolls along palm-lined streets, Palm Beach is the place to get away from it all while connecting with friends and family. Both West Palm Beach and Palm Beach host a delightful selection of restaurants to perfect for every palate, mood, and occasion. The Norton Museum of Art is minutes away featuring some of the finest exhibits South Florida has to offer. Enjoy exquisite shopping down Worth Avenue and South County Road.  More than just a beautiful place to live and play, West Palm Beach offers the freshest local produce and seafood, creating an environment that encourages a healthy lifestyle.  La Clara is a new take on luxury rising in the center of West Palm Beach’s most luxurious communities.

View Condos for Sale at La Clara below.  Call Kim Bregman at 561-251-7170 for a private showing.


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COVID-19 South Florida Resources

Quick Facts

If you live in Broward County, you can call this hotline to have your questions answered: 954-357-9500.

If you live in Palm Beach County, you can call this information line with your questions: 561-712-6400.

The Sun Sentinel posted drive-through testing sites in South Florida here.

Please be aware of financial scams. You can learn more and report them here.

Tele-Health

Medicare: Medicare has temporarily expanded its coverage of telehealth services to respond to the current Public Health Emergency. Learn more here.

Florida Blue: Florida Blue’s network of primary care doctors and specialists will be able to treat patients virtually at their normal office visit rates. Visit the Florida Blue website, the Florida Blue app, the Teladoc app, or by calling Teladoc directly at 800-835-2362.

Baptist Health: Baptist Health is offering telehealth services through its Care on Demand platform. If you or someone you know has cold or flu-like symptoms, visit here using code CARE19.

Cleveland Clinic: Cleveland Clinic Florida is encouraging the use of its Express Care Online Virtual Care services as much as possible during the outbreak. Click here for more information.

Cigna: Cigna is offering COVID-19 specific resources for enrollees. Click here for more.

Humana: Humana has agreed to waive telemedicine costs for all urgent care needs for the next 90 days. This will apply to Humana’s Medicare Advantage, Medicaid, and commercial employer-sponsored plans and is limited to in-network providers delivering synchronous virtual care. More information here.

COVID-19 Public Website and Call Center

Please visit the Florida Department of Health’s dedicated COVID-19 webpage for information and guidance regarding COVID-19 in Florida.

For any other questions related to COVID-19 in Florida, please contact the DOH’s dedicated COVID-19 Call Center by calling 1-(866) 779-6121. The Call Center is available 24 hours a day. Inquiries may also be emailed to COVID-19@flhealth.gov.

County Health Departments

If you’re concerned that you may have contracted the coronavirus, please contact your healthcare professional or county health department:

Broward County: 954-467-4700
Palm Beach County: 561-840-4500 
Miami-Dade County
: 305-324-2400

Additional Resources 

Bank Regulators have also instructed banks and servicers to be proactive in extending help to homeowners:

Banks have posted their own policies and ways for consumers to contact them for assistance:

Consumer Financial Protection Bureau (CFPB)

Protect Your Credit: The CFPB is urging consumers to protect their credit(link is external) during this pandemic.
Protect Yourself Financially: The CFPB has a number of resources(link is external) focused on financial protection, both short and long term, such as paying bills, income loss, and scam targeting.  Resources include contacts for housing and credit counselors, debt collectors, and state unemployment services.

Department of Labor (DOL)

DOL has provided resources for employers and workers(link is external) in responding to COVID-19 and including the impact on wages and hours worked and protected leave (these resources are primarily for businesses and employers).

Environmental Protection Agency (EPA)

Americans can continue to use and drink water from their tap as usual. EPA has provided important information about COVID-19(link is external) as it relates to drinking water and wastewater to provide clarity to the public. The COVID-19 virus has not been detected in drinking-water supplies. Based on current evidence, the risk to water supplies is low.

Federal Housing Administration (FHA)

Immediate Foreclosure and Evictions Relief for Homeowners for the Next 60 Days

The U.S. Department of Housing and Urban Development (HUD) has authorized the FHA to implement an immediate foreclosure and eviction moratorium(link is external) for single family homeowners with FHA-insured mortgages for the next 60 days. Read the full press release(link is external).

FHA Q&A Form

FHA continues to run single family business operations. FHA has created a Q&A form available on their website to keep interested parties updated on their procedures during the COVID-19 crisis. Please refer to https://www.hud.gov/program_offices/housing/sfh(link is external)  for the most current information.

Federal Housing Finance Agency (FHFA)

FHFA has instructed Fannie Mae, Freddie Mac and their servicers to be proactive in providing assistance to homeowners including forbearance. In addition, FHFA imposed a moratorium on eviction and foreclosures on mortgages backed by the GSEs:

Fannie Mae and Freddie Mac

Fannie Mae and Freddie Mac have issued similar guidance:

  • Homeowners who are adversely impacted by this national emergency may request mortgage assistance by contacting their mortgage servicer
  • Foreclosure sales and evictions of borrowers are suspended for 60 days
  • Homeowners impacted by this national emergency are eligible for a forbearance plan to reduce or suspend their mortgage payments for up to 12 months
  • Credit bureau reporting of past due payments of borrowers in a forbearance plan as a result of hardships attributable to this national emergency is suspended
  • Homeowners in a forbearance plan will not incur late fees
  • After forbearance, a servicer must work with the borrower on a permanent plan to help maintain or reduce monthly payment amounts as necessary, including a loan modification

Fannie and Freddie have also created pages with additional information:

Internal Revenue Service (IRS)

The IRS has also created a Coronavirus Tax Relief section(link is external) on their website with updated information for taxpayers and businesses (these resources are for businesses and not specifically for consumers).

What Home Buyers Can Learn From a Seller’s Disclosure Statement

Sellers Property Disclosure

Any responsible buyer wants to know everything about the home they’re buying before signing on the dotted line. After all, this is probably the biggest purchase you will ever make, so due diligence is a must. The majority of the real estate agents in Florida are Transactional Agents and do not owe the Buyer a fiduciary duty, An Exclusive Buyer Agent does and will work for the buyer to determine all the information known about the property and advise you on inspections, permit searches, etc. Reviewing the Seller’s Disclosure is the first step in this process.

A Seller’s Disclosure in the State of Florida Is a standard form that is essentially a checklist in which a seller indicates the condition of the different features of a property, any known problems affecting the property, and any pending legal issues. This could include things like knowledge of lead-based paint, water damage, pest damage, past repairs, past insurance claims, any history of property line disputes, etc.

Typically, a seller’s disclosure form is filled out by the seller along with their listing paperwork. When buyer’s agents go into the Multiple Listing Service (MLS) to look up potential properties for their clients, that disclosure statement should be available or can be requested from the listing agent.

I am increasingly running into situations wheretransactional brokerage firms are taking the position that since a Seller’s Disclosure is NOT required by law that are not asking the sellers of their listings to fill one out. The first line of the SPDR provides “Notice to Licensee and Seller”; the less they know, the easier it is to make a “deal”. They are relying on the fact that other transactional agents working with buyers will feel the same and not ask for a Sellers Disclosure.

Although sellers aren’t required to complete this specific SPDR form, a residential seller does have to comply with the rule established in Johnson v. Davis. In that case, the Florida Supreme Court held that “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” These material facts are sometimes referred to as latent defects. In addition, in Rayner vs. Wise Realty Co. of Tallahassee, the First District Court of Appeal provided that this same disclosure requirement applies to residential properties that are being sold as is.

In cases were the listing agent does not provide a Sellers Disclosure I request that the Seller answer all my questions in writing and provide a comprehensive list of questions that encompasses everything asked on the SPDR and more.

A seller’s disclosure form is NOT a substitute for a home inspection. Remember, sellers are required to disclosure only problems they know about. Most homeowners don’t go in their attic very often, and have probably never been up on their roof, and they aren’t required to do so before filling out the disclosure. While this document can provide a lot of valuable information, the home inspection is another layer of protection for a buyer.

The importance of this disclosure statement is just one of the many reasons why it’s critical for buyers and sellers to use an Exclusive Buyer Agent ( EBA) during any real estate transaction. EBAs are up-to-date on the latest laws and regulations and are very experienced with the complex documents and paperwork. They can help walk buyers through the disclosure so they understand all aspects of the home they’re buying and recommend the appropriate home inspections ( WDO, Radon, Leak Testing, Mold, and more) to ensure that any hidden defects are found in advance of the purchase.

Electrical Safety Tips During the Holidays

Xmas tree lights

Decorating your home is one of the most enjoyable parts of the holiday season. Because electricity is involved with so many holiday decorations, it’s important you follow a few simple tips to keep your home and family safe.

Checking your decorations and electrical equipment for damage is one of the most important things you can do to stay safe this holiday season. Before plugging anything in, inspect electrical outlets to ensure they aren’t loose, damaged, or cracked. You should also look for damage to your decorations themselves, like cracked bulbs and frayed electrical cords, and refrain from using decorations with these problems.

Avoid overloading your electrical outlets. If you’re using incandescent light strings to decorate your home or your tree, never plug more than one of these strings into a single outlet. Also, don’t plug multiple high-wattage decorations into one outlet. Either of these decorating missteps can easily overload the outlet and increase your risk for a house fire.

Buy the right decorations. When you’re shopping for your indoor and outdoor decorations, look for items that have been certified by an independent testing laboratory. This means a decoration has been successfully safety-tested.

Lastly, make sure you unplug your electrical decorations whenever you leave your house and when you go to sleep at night. Many electrical fires occur when homeowners are asleep or out of the home, so taking this extra precaution is an important safety tip.

If you want to enjoy a safe holiday season, follow each of these electrical safety tips. Using electrical decorations responsibly can help protect your family from harm while you also transform your home for the holidays.

10 Questions to Ask Your Contractor

Hiring a Contractor

What questions to ask your contractor in advance of hiring them.  Most homeowners have some concerns when it comes to hiring home improvement professionals. Some are afraid of overpaying, some worry that they’re hiring an unqualified professional, and others wonder about the character of the individuals they’re inviting into their homes. Asking these ten questions can help alleviate all of these concerns.

1. How long have you been in the business or working in the industry?

Look for a credible track record and successful work experience.

2. Are you licensed, insured and bonded?

At the very least, make sure your pro is licensed and carries worker’s comp and liability insurance. Bonding is not a universal requirement. Think of bonding as homeowner insurance that protects you in case of an incomplete job.

3. Do you guarantee your work in writing?

While a verbal guarantee is nice, it offers no guarantees that the contractor will actually stand behind his work. Draft a written guarantee that states exactly what is and isn’t covered.

4. Can you provide references?

Ratings and reviews are a great resource, especially when coupled with references from previous customers. Ask your contractor to provide a list of references. Don’t hire pros who can’t offer references. I would also advise researching the Better Business Bureau to see any complaints that may have been filed against the company.

5. Do you pull all the required permits?

Failing to pull the requited permits can cost you in the long run. Have your contractor pull the necessary paperwork and permits to get your job started. Also require that they deliver copies of all closed permits once the job is completed. If your contractor is hesitant, find a new pro.

6. Who will be managing the project?

If your contractor isn’t in charge of your job, insist on meeting the project manager to ensure he measures up to your standards.

7. What is the project timeline and daily work schedule?

Construction scheduling is never perfect. Workers get sick, orders get delayed and weather causes interruptions. But an organized contractor will provide you with a work schedule that clearly outlines a start and end date.

8. Will you need water or bathroom facilities?

Most contractors are self-sufficient enough to bring their own water. But, unless your job is a major remodel that necessitates bringing in a port-a-john, there’s a good chance your workers will need to use your facilities. Dedicate a bathroom (or bathrooms) to your workers before you start your project.

9. Will you need my garage code or keys to my house? Who will have access?

Many homeowners feel uncomfortable handing over the keys to their home. Unless you plan on staying home during the construction, you’re going to need to give your contractor access to your house. Knowing who has the keys to your home will give you peace of mind.  You may feel confident with your ongoing security if you plan on having your locks rekeyed after the project is completed.

10. Will you sign a contract?

All worthwhile contractors will write out a clear contract that defines the work to be performed, as well as the material, costs and completion timeframes associated with the project. Thorough contracts also cover what happens if the project becomes problematic. This is known as a time and materials contract. The contract should also include a termination clause that spells out the circumstances in which both parties are allowed to terminate the contract.

DO NOT PAY IN FULL UNTIL THE ENTIRE PROJECT IS COMPLETED AND YOU ARE SATISFIED WITH THE WORK.

 

Bay Hill Estates

Bay Hill Estates

Bay Hill Estates is a West Palm Beach golf community featuring 240 single family homes with Mediterranean-style architecture on acre+ lots.

Bay Hill Estates community includes 240 Mediterranean stop homes on 1 acres lots.  The community offers 24-hr manned-gated entry and a low HOA fee. Bay Hill Estates also offers an 18 hole golf course with a 4,000 sq ft clubhouse which is an optional membership but not required of Bay Hill’s residents.

Bay Hill Estates is located in the heart of West Palm Beach in Palm Beach County, Florida. Enjoy the luscious landscaping and beautiful homes in Bay Hill Estates with easy access to all of Palm Beach County’s finest amenities including airports, downtown areas such as Clematis Street and City Place, entertainment, shopping, boutiques and historical landmarks

The 146 acre, 18 hole PGA National golf course has the incredible status of being voted one of the sixth best golf courses in the world. Membership is not compulsory for residents of Bay Hill Estates. If golf is not your style then you can take long walks along the paths of the flowing canals or lakes.

Nearby Palm Beach also has a lot to offer with high end shopping at the fabulous 1.4 million square foot Palm Beach Gardens Mall where you will find over 160 retailers including Bloomingdales, Nordstrom, and Saks Fifth Avenue to name but a few.  If you want to take a break from all the shopping then Palm Beach also has some of the finest restaurants where you can experience fine cuisine. Palm Beach also houses a true American Castle – Whitehall, which was built by Henry Morrison Flagler and is now known as the Flagler Museum. Known as one of the grandest residences ever built this an absolute must see for everyone visiting Palm Beach.


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Florida Home Buyers Don’t Know What They Don’t Know…

 And the Florida real estate industry likes it that way.

When the disclosure laws, implemented in 2003, changed in 2008 to do away with the “transaction broker” disclosure, the real estate industry must have been celebrating.  It was hard for real estate licensees to tell buyers and sellers that they weren’t being represented.  After July 1, 2008 they didn’t have to anymore.

The presumption in Florida, after July 1, 2003, is that all real estate licensees are “transaction brokers”.  A transaction broker “facilitates” a transaction but doesn’t represent either the buyer or the seller as an agent.  The real estate licensee is a salesperson working with a buyer or seller customer.  In order for a buyer or seller to actually be represented they must enter into a written “single agent” disclosure agreement whereby the real estate licensee agrees to take on the full legal fiduciary duties of an agent and a buyer or seller agrees to have them as their agent.  Then the real estate licensee is an agent and the buyer or seller is a client.

And that is the issue.  Through the presumption of transaction broker, a buyer or seller has no way of knowing what it is or what they might be giving up.  The real estate industry decided to keep buyers and sellers in the dark and “not knowing what they don’t know”.  If there is no written disclosure alerting the buyer or seller to what transaction brokerage really is and that there is a better option, single agency, how are they supposed to know any better.

At least prior to July 1, 2008, a home buyer got a disclosure that told them, ““….parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties”.

But not after July 1, 2008.  The requirement that a buyer or seller be given the transaction disclosure was dropped from the law.  So from that time forward buyers and sellers in Florida have no idea that they aren’t being represented unless somehow they had read something about the disclosure going away in an article somewhere back in or around 2008 or a real estate licensee (and the company they are with) actually believes in providing full legal fiduciary duties to a buyer or a seller and presents them with the option of single agency and explaining it’s worth to the buyer or seller.

Fast forward to 2015 and soon to be 2016.  Many of the buyers today weren’t buyers in 2008.  They have no idea that the real estate licensee they are working with isn’t representing them.  They just assume that they are their agent because most real estate licensees continue to act like and talk like an agent and in many cases actually perform duties and services that only an agent can legally provide.  So of course a buyer is going to think that they are working with an agent.

Many other states have a “summary-like” agency disclosure which is handed to a buyer or seller before any personal information is gathered or questions asked alerting the buyer or seller of their options.   The Florida Legislature in 1997 came up with one titled, “Brokerage Relationship Disclosure Act”.   It provided for a Notice of Nonrepresentation disclosure.  This disclosure had to be given “at first contact.”

[Florida Stat., sect. 475.276 (1)] According to the statute, the disclosure is to be given then, “. . . except in situations where a licensee knows that the potential seller or buyer is represented by a single agent or a transaction broker. If first contact between a licensee and a customer occurs during the course of a telephone conversation or any other communication in which the licensee is unable to provide the required notice of nonrepresentation, the licensee shall provide an oral notice and thereafter provide the required notice of nonrepresentation at the time of the first face-to-face contact, execution of a brokerage relationship agreement, or execution of a contractual agreement for purchase and sale, whichever occurs first.” [Florida Stat., sect. 475.276 (2)]

The effect of this disclosure was to let consumers know just where they stood with regard to the licensee they were dealing with. Also it was designed to minimize the occasions when an unintended, unauthorized, and undisclosed dual agency arose because of the behavior of the parties.  Here is a copy of what that disclosure looked like back in 1997.


NOTICE OF NONREPRESENTATION

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE AT FIRST CONTACT TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

You are hereby notified that . . . . . . . . . . . . . . . . . (insert name of brokerage firm) and I do not represent you in any capacity. You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation.  (Emphasis is mine)  Your signature below acknowledges receipt of this form and does not establish a brokerage relationship.


After a consumer received the notice of non-representation, several choices were presented. If it was mutually agreeable, the licensee and the consumer would enter into a written authorized brokerage relationship of transaction broker or single agent, similar to what we have today.  However, the difference was that the buyer or seller were put on notice not to say or disclose any information that they wanted kept in confidence until they had a chance to explore and accept a more formal relationship.

I suspect that the real estate industry took exception to providing true fiduciary duties that single agency required along with the legal liability that being an actual agent entails.  A local real estate attorney writes in his blog, “Given all the bad acts that have happened in the Florida real estate market in recent years, having an agent with the legal duty to act as a fiduciary can make all the difference in whether or not someone who has been wronged gets compensated for their damage.  It is a huge limitation on the liability of a real estate agent and their broker to be able to act as a transaction broker instead of an agent – fiduciary.  How important that fiduciary duty may be to you will not become clear unless and until you are harmed.  Many buyers and sellers won’t understand the possibility of having a real estate professional act as a fiduciary on their behalf until a catastrophe happens and they are meeting with a Florida real estate lawyer to try and find justice.”

Nearly all real estate companies in Florida operate as transaction brokers now and not as single agents.  Single agency is rare and mostly available only through exclusive buyer agencies in Florida.  Exclusive buyer agencies represent buyers only and never take listings or represent sellers.  They don’t have the conflict of trying to represent buyers and sellers for the in-house transaction.  Buyers Only Florida Realty is an exclusive buyer agency and we only represent buyers and never sellers.  We take on the full legal liability of being an agent as noted above in the attorney’s blog.

The real estate industry really wanted a way to not be an agent at all and thus lobbied for changes passed by the Florida Legislature that took affect July 1, 2003 that brought about the “presumption of transaction brokerage” which we have today.  As noted above, the “transaction brokerage” disclosure continued until July 1, 2008 when it went away.  So here we are in 2015 and soon to be 2016 with buyers and sellers deliberately kept in the dark and misled by the real estate industry.   It would be nice if such a true disclosure were brought back in Florida to be given to both buyers and sellers at first contact, as back in 1997, warning them not to disclosure anything that they feel is confidential and giving them a summary of their options and the consequences of each.  I doubt we will ever see that again.  The real estate industry seems very content with the way things are.

 

Adjustable Rate Mortgages: The Pros and Cons

 

Adjustable rate mortgages are loans with variable interest rates that change according to the market rates, as opposed to fixed rate mortgages, which guarantee a set rate for the entire period of the loan. ARMs may seem like a great idea some years, but in other years, you may wonder what you were thinking when you agreed to the loan.

Many financial experts advise home buyers to seek fixed rate mortgages. The set interest amount makes it easier to calculate monthly payments with no surprises. An adjustable rate mortgage can leave you with unpleasant surprises if the interest rates suddenly soar.

There are some pluses as well as minuses to adjustable rate mortgages. As with any financial decision, learn all you can about the topic and weigh the pros and cons carefully before choosing a loan type.

On the Plus Side…

ARMs may be good for buyers who plan to sell in a few years. If you know your job requires you to move every five years, an ARM may be worth the risk of interest rates rising, depending on the current rate.
Paying off your loan in a short time period may make an ARM better for some homeowners. For those who know they can repay the entire mortgage amount quickly but just need a short-term loan, ARMs may actually save them money.
Some ARMs offer a combination of adjustable and fixed rates. These may offer the best of both worlds, depending on market rates. For example, a mortgage may be fixed for five years, and then adjust annually.
On the Minus Side …

Interest rates may be low now, but that only means they’ll rise later. When interest rates rise, your interest rate rises too. Your monthly payments will increase. This may be a hardship for some people.
Adjustable rate mortgages may be saddled with a prepayment penalty. This means that if you suddenly come into a windfall and wish to pay your entire mortgage loan, you may actually be penalized for paying it off early.
ARMs can be difficult to understand. There are many variables, and you have to carefully read all the fine print to understand the nuances of a particular ARM. Fixed rate mortgages are a lot easier to understand: borrow this, pay that; it never changes.
Adjustable rate mortgages come in and out of fashion, but the truth is that you shouldn’t take out such a loan unless you understand the worst-case scenario and how it may impact your financial health. While they are not for everyone,

ARMs do offer some advantages, and those who can take advantage of these opportunities may find them useful. Talk to your lender about all the ramifications of an adjustable rate mortgage compared with a fixed rate mortgage.

 

Home Buyer Tips and Advice

Buying a house is a difficult process — there are large sums of money involved, the transaction costs and hassle of moving mean that you can’t just buy another house if you don’t like the one you end up with. The best you can do is to educate yourself in all aspects of the house hunt, keep a clear head, and buy a house that best fits your criteria.

There are plenty of articles full of useful tips for first-time homebuyers. I am not going to repeat them. Instead, I will list the lessons I have learned over the past 30 years of working exclusively with buyers that are not often covered.

Think long-term and think re-sale: Are you planning to have kids? Will you be taking care of elderly relatives? You might be planning to live in your first home for only a few years or plan on using it as an income producing property. In that case, who is your target audience when it comes time to sell or rent the house? If you buy a house in a very bad school district or a house with all the bedrooms upstairs when you are ready to sell the house, you will be narrowing the field of potential buyers.

Make a list of items to check when looking at properties: Home-buying is an emotional process. Ideally, you should set aside all your emotions when evaluating a house. Practically, that is impossible. Instead, make a checklist of your must-haves, nice-to-haves or absolutely nots. Then print copies of this checklist or keep it on your tablet. Every time you visit a house, take the checklist along with you; take photographs so you can cross each item off your list. If you fall in love with the house aesthetics but find your checklist shows that the house has none of your must-haves, it will at least make you pause and think.

All the old advice about buying your first home is true. Some examples — have an emergency fund, save for a down payment of 20 percent and closing costs, get your credit into a better shape, and don’t buy more than you can afford. When budgeting for the house, don’t stop with principal, interest, taxes and insurance; add in utilities, cost of commuting and upgrades and replacement costs for aging roof or appliances. Ask the seller for copies of the utility bills and inquire of the utility companies about budget plans. Will the gas budget for your car go up if you are moving further away from the places you frequently visit? Budget all of these expenses and see if you can still afford the house.

Get Pre-approved: Why would you want to waste time looking at houses you can’t afford? Doing the pre-approval process ahead of time is vital. If there is something negative on your credit report, it’s best to find it early in the process, so you have time to correct it.

Ask for the homeowners and condo association documents before you make a decision: If your long- range plan is to rent out the house once you move, then you better insure that there are no rental restrictions that would preclude you from your desired goal. Thoroughly understand the Covenants and Restrictions of any area you are purchasing to ensure that they are in keeping with your lifestyle.

Be sure to read your contract before you sign it: A house is probably the largest purchase you will ever make in your life, so make sure you understand the terms of your contract. If you don’t understand any of the terms, ask your mortgage broker and your real estate agent. Either should be fully knowledgeable to address your contractual questions. I strongly advise that you retain an attorney to handle your closing, review title and loan documents, note title objections, and hold your deposit monies.

Learn about the neighborhood demographics: Do you have kids and are looking at homes without young families? Are the majority of the residents renters and not homeowners? Define the type of neighborhood you want to live and make this one of your top priorities on your checklist.

Look beyond the staging: The psychology of staging does work; staged houses look far better than houses that are still being occupied. When you are considering a house, mentally try to remove the staging. Pay more attention to the layout of the house and the structure itself. Ugly wallpaper and paint can be easily fixed later. Does your furniture fit the scale of the room? Does the house have a functional kitchen?

Indecision: Ever heard of the saying “Curiosity killed the cat”? Well, here’s another one, “Indecision killed the deal.” Not moving on a house fast enough and taking too much time to make a decision on buying the house is common as well. This indecision gives someone else the opportunity to scoop ups that home before you have a chance to make an offer.A multiple offer situation is good for the seller, but not so much for the buyer. In this competitive real estate market with low inventory and high buyer turnout, you need to move quickly in order to get the house that you want.

Only checking online sources for mortgage rates and available homebuyer programs? As much as everyone loves to do everything from their computer or smartphone today, this is one thing that should be done in person or with a phone call. It is always best to call a local mortgage lender and sit down in person with them to talk about the most current rates and programs available. Many of the lenders that you find online are not local and only have teaser rates on their websites. If you choose a mortgage lender that doesn’t have a local presence, a lot can change once they get the paperwork in front of them at the closing table. Insist of using an appraiser that is knowledgeable and does most of their work in area of the property.

Learn as much as you can about real estate, your budget, and your local housing market, but realize that buying a house is all about compromise, and a lot of doubt! No house is PERFECT but if you keep at it the odds are very good that you will find a house that suits your needs and will be a wonderful home for you and your family or your investment goals.