what attorney do i use to buy a new home in 55+ florida community

by Gladyce Eichmann 6 min read

Do I need a lawyer to buy a house in Florida?

Jul 21, 2020 · If you plan to hire Florida Real Estate Attorney for buying a new home, consider working with Jurado & Farshchian, P.L. Give us a call at (305) 901-5628 or schedule a consultation with one of our real estate experts via email: [email protected]. We will take care of all the legal issues related to your home-buying process.

Do I need a Florida real estate attorney for a closing?

Jan 14, 2020 · If you have questions or concerns about potentially moving to a Tampa ‘55 and over’ community and living under its HOA, Tampa HOA & condo association lawyer Alicia Seward has experience in dealing with HOAs and the laws surrounding them. The Seward Law Firm is happy to try and assist you with your case. Call today at 813-252-6789 to schedule a …

Where can I get Real Estate information for a 55 and older?

Nov 03, 2016 · The Law Offices of Jennifer D. Peshke, P.A. is a General Civil Practice Law Firm which handles Real Estate Law, Probate Administration, Florida Ancillary Probate Administration, Foreclosure Defense and Loan Modification, Estate Planning, Special Needs Planning and Trust, Condominium and Homeowners Association Law, Contracts, Leases, and Business Law, …

Should I use a real estate agent when buying a home?

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What are the rules for a 55+ community in Florida?

For a community to be considered "housing for older persons" as a 55+ community, the housing must be intended and operated for occupancy by persons 55 years of age or older and meet the following requirements: At least 80% of the occupied units are occupied by at least one person 55 years of age or older.

What are the pros and cons of living in a 55+ community?

  • Pro #1. Cheaper Cost Of Living. ...
  • Pro #2. Community Location. ...
  • Pro #3. Safety And Security. ...
  • Pro #4. Low Property Taxes. ...
  • Pro #5. Amenities And Low-Maintenance. ...
  • Pro #6. Offers Peaceful Serenity. ...
  • Con #1. HOAs. ...
  • Con #2. Lack Of Age Diversity.
Mar 8, 2022

What is the Florida Fair Housing Act?

The Fair Housing Act requires owners and landlords to make reasonable accommodations if the accommodation may be necessary to ensure that a person with a disability has equal opportunity to use and enjoy the dwelling.

Do you have to be 55 to buy in a 55 community in Florida?

In Florida 55+ communities there is a federal law that governs all our age-restricted communities. According to this law, at least 80 percent of the occupied units must have at least one resident who is 55 years of age or older.Feb 10, 2017

What is the 80/20 rule in a retirement community?

At least 80 percent of occupied unites in a 55+ community must have at least one person living there who is over 55. This leaves the other 20 percent of the community's units available for people of any age, creating the “80/20 Rule.”Jan 9, 2018

What are the advantages of a 55+ community?

Benefits Of Living In A 55+ Community
  • You Get Active Living At Its Best. ...
  • You Get A Sense of Community. ...
  • Truly Maintenance-Free Living. ...
  • A Variety Of Available Support Services. ...
  • There Are Multiple Floor Plans Available. ...
  • No Need To Be Retired. ...
  • A Convenient Location. ...
  • Safety And Security.

How do I file a fair housing complaint in Florida?

If you believe you have been a victim of housing discrimination, you may file a complaint, or call us toll-free at 1 (800) 669-9777.

How do I qualify for low income housing in Florida?

Very low income describes a family at or below 50% of area median income. Low income describes a family at or below 80% of area median income. Moderate income describes a family at or be- low 120% of area median income (at or below 100% of median income for federal programs).

Which two protected classes were added to the Fair housing Amendments Act in 1988?

In 1974, the Fair Housing Act was amended to prohibit discrimination on the basis of sex. In 1988, another amendment added the disabled and families with children to the list of protected classes.

What is no Hopa?

the Housing for Older Persons Act of 1995 (HOPA)

The prohibition against discrimination based on familial status became effective March 12, 1989. The Act contained a provision exempting "senior" housing from the prohibition against familial status discrimination.
Dec 28, 1995

Can you rent in a 55+ community in Florida?

See all 320 55 Plus community options in Florida currently available for rent. View floor plans, amenities and photos to find the best senior living option for you! See all 320 55 Plus community options in Florida currently available for rent.

Can non seniors live in senior apartments California?

No one under the age of 62 is permitted to live there, with three exceptions: 1) a live-in caregiver who might need to live with the senior as a “reasonable accommodation” based on the disability of a resident; 2) an employee under 62 whose duties require that the person must live on the property; and 3) underage ...Mar 18, 2022

How to hire a real estate attorney?

Unless the sale of your new home is simple, you should hire a real estate attorney to help you get through the closing process. This means you’ll want to make the hire if you fit into any of these circumstances: 1 You’re buying a house in a different state 2 The house is owned by the bank 3 The sale is a short-sale 4 The house is part of an estate sale 5 The home has structural issues 6 The house is located in a problematic area (such as a flood zone)

Is buying a commercial property more expensive than buying a residential property?

Buying a commercial property is much more complicated than buying a residential property. They are also much more expensive, meaning there is a lot more risk involved in the process. When you’re buying a commercial building, you have to think about any zoning issues, liens, easements, environmental concerns, etc.

What does a real estate agent do?

A real estate agent helps you find a home that meets the needs of you and your family. They can give you information about the home, the neighborhood, etc., and they can negotiate the price with the seller. They’ll also help you set any terms and sign the sales contract.

Is a house a short sale?

The house is owned by the bank. The sale is a short-sale. The house is part of an estate sale. The home has structural issues. The house is located in a problematic area (such as a flood zone) Sales that involve any of these issues will likely mean more paperwork and extra steps.

What happens if you don't fill out the paperwork?

First of all, buying a house comes with a lot of paperwork. If you don’t fill out this paperwork correctly, you might have to pay a fee, or you might lose the house al together. A real estate attorney will protect you from mistakes like this because they’ll be able to manage the paperwork for you. This means you get to relax.

What can a real estate attorney do?

A real estate attorney can be a valuable member of the closing team along with a realtor for either a buyer or a seller, and can explain any legal or contractual terms along the way, as well as interpret documents, prepare and review documents, and resolve disputes that may occur to get you to the closing table.

What does an attorney do at closing?

An attorney review all closing documents for a buyer client including the title commitment to confirm the buyer is taking clear title, and the attorney will assist with any last minute matters that may require negotiation, or extensions to the time period outlined within the contract towards closing.

Who handles closing in Florida?

Most often, an attorney or a title company, if it is issuing title, handles the closing.

Can a real estate agent fill out a form?

Although a real estate agent can fill out forms that are approved by the Florida Association of Realtors and/or the Florida Bar, an agent is not licensed to draft legal documents, nor to give legal advice. (The exception would be if the agent is also an attorney.)

Is Florida a coastal state?

Stat. § 161.242) to a law against interfering with manatees and sea turtles, especially during nesting season. ( Fla. Stat. § 379.2431 .)

What is a transaction broker in Florida?

In Florida, an agent can be a "single agent," who represents either the buyer or seller but not both; a "transaction broker," who provides limited representation to a buyer, a seller; or both. A transaction broker can facilitate the transaction by helping both parties, but can't represent one against the other.

What is a warranty deed in Florida?

The standard deed used to transfer property in Florida is what's called a warranty deed (or a standard or general warranty deed). That's good for you, in that it contains the seller's promise that title is good and free of encumbrances.

What to know before buying a home?

Before buying a home, you'll want to know whether you can afford the property taxes. Don't rely on the amount of property taxes your seller currently pays in estimating what you'll pay.

What is a special warranty deed?

Special warranty deeds are often used for purchases from a buyer at a foreclosure sale. An attorney can help you analyze the risks associated with this type of deed. The type of transfer with the least protection is through a quitclaim deed. The seller makes no representations as to title or even ownership.

Do you need a lawyer to buy a house in Florida?

Unlike some states, Florida does not require that buyers involve a lawyer in the house-buying transaction. Even if it’s not required, you might decide to engage a lawyer in special situations, for example if you are purchasing a house jointly with others and need help structuring your co-buyer agreement.

Do you need a title search before buying a home?

A buyer should always obtain a title search from a title company before purchasing a home. The title company searches public records and other sources for any liens, easements (such as the utility company’s right to access part of the property), or other encumbrances or title restrictions that may affect the property.

How to buy a house?

Your first step is likely to be contacting a real estate agent, and for good reason. Your agent will help you not only locate a suitable home, but handle all the complex procedures involved with the purchase. Working with an agent has many benefits, including the agent's: 1 knowledge of the community, median home prices, and market conditions 2 ability to match available homes to your needs and budget 3 help preparing a viable offer and handling other paperwork, and 4 key role in negotiating the final deal.

What does an agent do for you?

Your agent will help you not only locate a suitable home, but handle all the complex procedures involved with the purchase. Working with an agent has many benefits, including the agent's: knowledge of the community, median home prices, and market conditions. ability to match available homes to your needs and budget.

What are the benefits of working with an agent?

Working with an agent has many benefits, including the agent's: knowledge of the community, median home prices, and market conditions. ability to match available homes to your needs and budget. help preparing a viable offer and handling other paperwork, and. key role in negotiating the final deal. Your agent should be able to assist you every step ...

What is disclosure law in Florida?

1985)) requires sellers to disclose any known facts or conditions about their property that have a substantial impact on the value of the property and that others cannot easily observe. The seller will fill out and give you a disclosure form setting forth the seller's knowledge of the following types of details regarding the property:

Should buyers rely solely on the seller's disclosures?

Buyers should not rely solely on the seller's disclosures, but should hire an independent home inspector to double check the information on the seller's disclosure and discover any unknown issues or defects the house might have.

What is the Florida Fair Housing Act?

One of the lesser discussed statutory amendments made in 2020 changes the registration requirements for 55+ communities under the Florida Fair Housing Act (“FFHA”) . As general background, the FFHA makes it unlawful for any housing provider to discriminate against any person in connection with the sale or rental of a dwelling, ...

What is the age limit for housing for older people?

Under FFHA, housing for older persons is defined as any housing intended for and solely occupied by persons 62 years of age or older, or, if occupancy is by persons 55 years of age or older, at least 80 percent of the units are occupied by at least one person age 55 years or older.

What is the Florida Commission on Human Relations?

To further the underlying goals of the FFHA, the Florida Commission on Human Relations was created as a resource for Florida residents, and to help promote and encourage fair treatment and equal opportunity for all persons.

Do you have to buy a membership to live in an adult living community?

Some adult living communities require you to purchase a membership to live there, which can be expensive. There will usually be costs associated with community management, upkeep for your home and landscape, and possibly other expenses.

Is it important to visit 55+ communities?

It is important to visit the 55 plus communities you are considering at different times of the year. Many times buyers fall in love with an area while visiting on vacation. But just because you liked Florida in the spring does not mean you will like it in the summer.

How to choose a neighborhood?

Many buyers forget to research the amenities they are accustomed to having elsewhere. Here is an excellent resource that explains how to pick a neighborhood. Take a look at many of the things you should be thinking about when choosing an area, such as: 1 How is the crime and safety rating of the town or city? 2 What is the accessibility to major highways and commuting routes? 3 Are there major conveniences nearby like grocery shopping, a bank, the post office, and restaurants? 4 How far away is the nearest hospital? 5 Is there a commuter rail nearby that will take you to major cities? 6 Are there things nearby you might not want, like high tension lines, railroad tracks, etc.? 7 Is there any highway noise that may end up becoming a nuance? 8 How is the walkability of the area both inside and out of the retirement community? 9 Are there churches or synagogues nearby that suit your religious needs? 10 If you have a dog, is there a park nearby? 11 Will you be able to lead an active lifestyle?

What is a 55 year old retirement community?

What is a 55 and Older Retirement Community? Are you looking for a retirement community? A retirement community is a neighborhood built for adults who are at least 55 years of age. However, the age limit is not always set in stone and can be as young as 50 and as old as 60 for a starting point.

How old do you have to be to live in a senior living community?

However, the age limit is not always set in stone and can be as young as 50 and as old as 60 for a starting point. A senior living community has become a popular living arrangement for many in the latter years of their life. Most seniors living in retirement communities are, in fact, retired from their nine to five jobs.

What to look for before looking at retirement communities?

One of the first steps before looking at retirement communities is deciding on what kind of housing is most desirable. You want to buy a property that you can be happy with, whether it is a single-family home or a condo.

What are the benefits of retirement communities?

One of the main benefits of living in such a community is that there is always something to do, often with other residents. Some communities have a focus, like golfing, while others are more varied in what is available.

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