Call for an appointment: 305.669.5280

AS IS RESIDENTIAL CONTRACT FOR SALE AND PURCHASE

SOUTH FLORIDA

REAL ESTATE LAWYER

An As Is Residential Contract for Sale and Purchase is a binding contract to sell or buy real property in Florida.  While different from other types of sale contracts, the AS IS residential contract protects the seller in many aspects.  The As Is refers to the fact that the buyer is taking the property as it is, that is, with any defects or problems it has at the time of entering into the As Is contract.  The seller is not required to make any repairs, or to make any credits to the buyer for any items of disrepair, open permits, or matters that appear on the property.  The buyer is not completely unprotected however.

A well drafted  As Is contract allows the buyer to inspect the property and then cancel if the seller is not agreeable to fixing something.  So the buyer can still opt out if he does not like what he sees or is getting, without losing his escrow deposit.

As Is contract carry a myriad of legal terms and deadlines that may be confusing or hard to understand for a layperson. And that is where we get involved.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate law for over 18 years.  As a title agent, real estate lawyer, and realtor, as well as an accountant, attorney Jacqueline Salcines  is well versed in all aspects of the As Is Residential Contract.   Allow us to protect your interests, whether you are a buyer or a seller , we are here to help every step of the way, from contract to closing.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 

PARTIAL PAYMENT OF RENT AND THE THREE DAY NOTICE – LANDLORD TENANT EVICTION


SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions under landlord tenant law in Florida are governed by Florida Statutes Chapter §83.  Landlord tenant law states that anytime a tenant is in default of the terms of the Lease, a written notice with seven days to cure the default is required from the Landlord. An exception is the failure to pay rent.  When a tenant fails to pay rent, the landlord is required to send a Three Day Notice to the tenant.  The tenant is then required to remit payment to the landlord within three days.

Florida landlord tenant statutes regarding the Three Day Notice however are extremely strict and require exact language, as well as exact dates. The three days can not include weekends or holidays and does not include the day it is posted.  The notice must also be posted on the tenant’s door or served with a process server.

If the landlord under a landlord tenant lease accepts payment after the posting of the three day notice, even if partial payment, then the THREE DAY NOTICE become null and void and the landlord can not evict or start the eviction procedure.  Rather, a revised three day notice is required and the mandatory three days waiting as well.

Once the eviction is filed, the tenant is then required to deposit in the court registry, the past due rent, and late fees.  If the eviction does not state the correct amounts due, the tenant can file a motion to determine rents, and have the judge make a determination of what amounts need to be deposited.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 

SECURITY DEPOSITS IN FLORIDA LANDLORD TENANT LEASES

SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83. A security deposit is advance amounts paid by a tenant in the event there are any damages to the property once the landlord tenant residential lease is completed.  Security deposits however carry with them very strict rules regarding

1.  Timing of the deposit by landlord;

2.   Type of bank account the landlord can hold the deposit in;

3.   Required notice to the tenant after receipt of the security deposit as to where it is being held;

4.    Strict notice 15 days and 30 days after the tenant vacates as to return of the deposit

Many landlords believe that when a tenant vacates or has been evicted, they are entitled to retain the security deposit as a punishment or to recuperate lost rent.  This is absolutely false and against the law. Landlord Tenant law in Florida and Florida Statutes covering landlord tenant residential actions specifically require the Landlord to return the security deposit to the tenant by Certified Mail, at the last known address, within 30 days days of vacating the premises.  If the address has not been provided, then the landlord can use the property address.

While some landlord tenant residential leases do permit it to be kept, of have liquidated damage clauses for early termination or abandonment, there are strict requirements under Florida Landlord Tenant law as to what steps a Landlord must follow if he or she intends to keep a portion of the security deposit, or all of it.  A statutory letter must be sent within the required time frame with an itemization of the exact amounts being kept and the reason for not returning it to the Tenant.

This letter is often never sent or if sent, the landlord writes it incorrectly. That is where the services of a knowledgeable landlord tenant lawyer come in.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 

LEGAL GUIDE TO BUYING OR SELLING REAL ESTATE IN FLORIDA

SOUTH FLORIDA REAL ESTATE LAWYERS

If you are financing and not aware of your closing costs, you may lose your deposit if your lender is not able to offer you the loan or financing. Or, if the property is in need of repairs, and you don’t have the correct inspection contingency, you may be on the hook.

Are you buying real estate in Florida?  OR are you selling real estate in Florida? Are you about to enter into a real estate contract and require guidance before signing an As Is Residential Contract?  Whether you are on the buyer side or the seller side, entering into a real estate contract is a contractual obligation that if done wrong, or unknowingly, could prove very costly.  

 

Whether you are about to sign a contract and need legal representation or your contract reviewed, we are here to help.

We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 17 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

When you have legal concerns related to  real estate or probate, the Law Offices of Jacqueline A. Salcines is here to help. Our real estate attorney has been serving the community for 17 years. We work hard to ensure personalized legal representation by carefully attending to each individual matter.

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

QUIT CLAIM DEED – TRANSFER OF TITLE

SOUTH FLORIDA REAL ESTATE LAWYER

Florida title to real property is held in the form of a “deed”.  There are many different types of real estate deeds. You can have a Warranty Deed for general real estate sales and purchases. When you purchase property from a developer you typically get a Special Warranty Deed.  When you purchase property from a Trust you get a Trustee Deed. And then there are Quit Claim Deeds.  Quit Claim Deeds are mere transfers of title, without any warranty or guarantee as to the title or clouds on title. For example, there may be a mortgage or lien on the property that will not be extinguished or removed when the title is transferred by quit claim deed.

The recording of a quit claim deed, while inexpensive ($10.60 in Miami Dade and $10.70 in Broward and Palm Beach County), affords the least protection to the purchaser or Grantee, and  also requires the payment of documentary stamp taxes on any outstanding mortgage(s). If not paid at the time of recording, then the transferor could face severe penalties after recording the document.

Many deeds are exempt from having to pay documentary stamp taxes,  for example, if the deed is the result of a divorce. And while many vendors such as Office Depot sell deeds, it is always best to consult a real estate attorney to prepare it for you. Any mistake, or wrong digit in the legal description of the real estate could have severe consequences, after the fact if Grantors die or disappear.

Next time you require the preparation of a deed or transfer of property, consult with an attorney so you are protected and will have peace of mind.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

SOUTH FLORIDA REAL ESTATE LAWYER – CLOSING SERVICES

SOUTH FLORIDA REAL ESTATE LAWYERS

Are you purchasing real estate in Florida?  Are you about to enter into a real estate contract and require guidance before purchasing?  Or perhaps  you are a foreigner from Venezuela, China, Colombia, purchasing real estate and unaware of the real estate laws in the State of Florida or real estate closing procedures.

Whether you are about to sign a contract and need legal representation or your contract reviewed, we are here to help.

We offer a free legal consultation regarding your real estate contract, purchase or sale.

With over 17 years experience practicing real estate law, and holding dual licenses of both lawyer, realtor and accountant,  allow attorney Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

When you have legal concerns related to  real estate or probate, the Law Offices of Jacqueline A. Salcines is here to help. Our real estate attorney has been serving the community for 17 years. We work hard to ensure personalized legal representation by carefully attending to each individual matter.

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

SECURITY DEPOSIT – FLORIDA STATUTES §83.49

SOUTH FLORIDA LANDLORD TENANT LAWYERS

As a landlord, are you aware that under Florida Statutes Chapter 83.49,  you are required to provide your tenant with a written notice, within 30 days of entering the lease, advising where the deposit is held, the banking institution and the name of the account?  Are you aware that if this is not done, then you are required to return the security deposit to the Tenant and can not keep it to satisfy any damages caused by the Tenant?

This is a harsh law that protects tenants to make sure the funds that are advanced by the tenant, are held secure and are not commingled with other funds of the Landlord. And the courts are strict about this.

Next time you are about to enter into a landlord tenant residential lease, it is best to contact an attorney to assist with contract review and preparation if required, and to guide and counsel you so you are protected every step of the way.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

REAL ESTATE LAW – PURCHASING FROM A DEVELOPER IN FLORIDA

SOUTH FLORIDA REAL ESTATE LAWYERS

Are you purchasing from a development or Developer in South Florida?  Many developer real estate contracts provide for a
developer “credit” at closing or incentives when you close with their title company and “preferred” lender.  However, what many innocent buyers of real estate do not know is that while the developer does honor the credit, you are actually paying more in the long run, on processing fees, settlement fees, and even paying their attorney.  Resulting in no actual savings but rather an overpayment.

Many buyers of developments do not know that they have the right to elect their own attorney and even have an attorney represent them at closing.  Our role as your real estate attorney when purchasing from a developer is not only to overlook the entire transaction, including all the contractual terms, but also to make sure the proper charges and credits are given at closing.  We check the title to  make sure that it is free and clear and are present during the closing to make sure the closing documents you are required to sign are proper.

When purchasing from a developer, do not go it alone.  Always use the services of a competent real estate attorney, and  allow the Real Estate Law Firm of Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Escrow Agent
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

FLORIDA REAL ESTATE ATTORNEY – ESCROW SERVICES

SOUTH FLORIDA REAL ESTATE LAWYERS

ESCROW DEPOSITS HELD IN TRUST

Are you purchasing real estate in Florida?  Selling real estate in Florida? Are you about to enter into a real estate contract and relying on your realtor to hold your escrow deposit? Cases of escrow deposit comingling or fraud are on the rise.  Escrow agents in Florida hold a fiduciary duty to the buyer or seller to hold escrow deposits on real estate contracts in a special account, not comingled with personal funds, until the conclusion of the real estate transaction.  In my firm, when I represent sellers, I always have the escrow deposit held in my firm’s trust account, to guarantee that the escrow deposits are in fact made, are held during the pendency of the real estate closing, and disbursed correctly at the time of closing. 

As a buyer, you want to make sure your escrow deposit is safe and not in the hands of someone that could use the funds and commit theft or fraud.

Whether you are about to sign a contract and need an Escrow Agent or require the services of a competent, real estate attorney,  allow the Real Estate Law Firm of Jacqueline A. Salcines to guide you.

We are a full service title company and handle closings from beginning to end, including the safekeeping of your escrow deposit.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Escrow Agent
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

MOLD ISSUES IN FLORIDA LANDLORD TENANT LEASES

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Mold is a recurring issue in South Florida, specially  during the summer months. 

New Florida Bar forms in residential landlord tenant leases now include mold waivers, which require the tenant to inspect the property and consent to its condition prior to moving in and allows the Landlord to be off the hook if mold arises during the landlord tenant relationship.  While not all mold is dangerous to our health, mold can cause severe property damage with spores attaching to clothes and furniture.  One recent mold case handled by our firm resulted in severe asthma and emphysema symptoms to the tenants minor child, resulting in thousand in medical bills, hotel bills and long term care.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, if you are one of the many tenants that signed these mold riders to the residential  lease agreement, you may have permitted the landlord to escape liability since the landlord can say it was the tenants failure to maintain the air conditioner or the water conditions in the property. 

Mold issues that arise during a landlord tenant residency must be communicated in writing to the landlord and allow the landlord 7 days to remediate the problem. This  could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it. Since  mold spreads quickly when the conditions (humidity, lack of air flow, dark damp growing conditions), it is crucial to address it immediately when it is first visible.

If you suspect you have mold in your real estate property, call attorney Jacqueline Salcines right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com