Posts

REAL ESTATE ATTORNEY  – MIAMI

With its single taxation for residents, homestead exemption protection, booming tourism ,and wonderful climate, Florida has long been a desirable state for buyers, sellers and real estate investors.

Florida is also a tax-friendly state for real estate investors, providing one more reason to put your property investment dollars in the Sunshine State. Here’s what you need to know about buying your first home in Florida.

Buying your first home

Today’s millennial face ever-growing and complex challenges on the path to home ownership.  Credit checks, student loan debt, lack of credit or bad credit, overpriced homes and not enough funding from lenders.

At the Law Offices of Jacqueline A. Salcines, PA we have been assisting first time home buyers for over 20 years.  Starting with finding the right lender or mortgage broker professional to pre-qualify the loan, we work side by side with companies to connect you to the right individual to suit your particular lending needs.

We can assist you with finding the right property and then creating the correct As Is Contract for Residential Sale and Purchase, or perhaps a new development or other type of contract.  By holding your hand during the contract preparation and review, you are 100% protected so that  nothing can go wrong.

As your real estate lawyer, we are here for you to then request and review inspections and inspection reports, surveys, and other matters that come up during the closing.  We also protect your bottom line in making sure you can get any first time home buyer credit, as well as any tax credits available to you.  To then finally get you, a first time home buyer,  to the closing table and in your dream home.

Buying real estate is exciting but also can be complicated and risky.

Choosing a real estate lawyer and title company that is one and the same, as we are at Jacqueline A. Salcines, PA, you, as first time home buyer, or any buyer in general,  are protected and start off on the right foot.

If you are a first time home buyer, interested in real estate investing in Florida, consult with us today  to learn how you can take advantage of our 20 plus years of knowledge.

By navigating around the tax laws and benefits of investing in Florida,  we are here to help you.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 20 years experience including holding a dual degree in Accounting, her broad knowledge of REAL ESTATE LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

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 ATTORNEY  – MIAMI

With its single taxation for residents, homestead exemption protection, booming tourism ,and wonderful climate, Florida has long been a desirable state for real estate investors.

Florida is also a tax-friendly state for real estate investors, providing one more reason to put your property investment dollars in the Sunshine State. Here’s what you need to know about Florida’s tax laws as a real estate investor, as well as an overview of how Florida’s tax system works for real estate investing.

Florida Income Tax on Real Estate Investing

Alongside Nevada, South Dakota, Washington, Wyoming, Alaska, and Texas, Florida does not collect personal income tax. That doesn’t mean you won’t pay income tax to the IRS for federal taxes, but it does mean you will  pay less overall income tax in Florida.   Even if you don’t live in Florida, you can benefit from the state’s lack of income tax as a foreign investor in real estate.  Here’s how:

When conducting real estate transactions, collecting rent, or earning commercial property dividends from a Florida real estate investment, you will be taxed at the state’s franchise rate if you operate as a “C” type corporation. You can get around this by filing as an “S” corporation, but there are still easier ways to escape business taxes in Florida.

#1 Sole Proprietorships and Partnerships

Sole proprietorships are defined as businesses owned by a single individual, and in Florida there is no distinct business or corporate tax on sole proprietors. And since there is no income tax leveraged on individuals in Florida, you can invest in real estate as a sole proprietor without paying state income tax.

The same goes for partnerships; Florida does not leverage a state-specific tax on partnerships. And while most states tax the revenue generated from partnerships, Florida does not. This means you can invest in Florida real estate as either a sole proprietor or partnership without paying state income tax.

#2 LLC

Though perhaps a little more confusing, operating as an LLC in Florida can still afford real estate investors the benefit from Florida’s lack of an individual income tax. But, the LLC has to be setup properly to enjoy this tax benefit.

To form an LLC in Florida while living in another state, you’ll need an agent living in Florida to serve as a “resident agent”. If your LLC is composed of multiple members, it will usually be treated as a partnership for tax purposes, meaning you will not pay state income tax. Furthermore, if you are the only owner in your LLC, it will be treated as a “disregarded entity”, and you won’t pay state income tax.

Be aware, though, that it’s possible to setup an LLC so that it’s treated as a corporation under Florida’s tax code, which would result in paying Florida taxes. So, use a professional to setup your LLC to avoid paying Florida income tax.

Watch Out for These Complications

Florida’s lack of a personal income tax makes it a great place for real estate investors to conduct business. However, there are a few ways this picture can be complicated by external factors.

First off, depending on what state you live in, your state may leverage an income tax on income generated out of state, even if that income comes from a non-taxable legal entity in Florida.

Similarly, if the legal entity that you’ve formed to operate in Florida conducts business in other states, you may fall victim to “nexus” based taxes. “Nexus” exists when a business operates in more than one state, and the rules and regulations for businesses that fall into this category are extremely complicated. Again, consult tax and legal professionals before doing anything relating to taxes and real estate investing.

Things To Consider Regarding Out-of-State Real Estate Investing

From a tax perspective, there are numerous benefits for real estate investors in Florida. But if you live outside of Florida, there are logistic concerns to keep in mind.

Anytime you invest in real estate outside your home area, you need to do a great deal of out-of-town research to learn where to purchase investment properties. Plus, from a financial perspective, managing properties and tenants from long distance can be impractical, besides dramatically cut into your profits.

The solution, then, is to use a real estate attorney and local realtor.

There are major tax benefits for real estate investors in Florida, compared to most every other state.

If you are interested in real estate investing in Florida, consult with us today  to learn how you can take advantage of Florida’s tax laws. Hopefully, you can significantly increase your profits by avoiding state income tax in Florida.

By navigating around the tax laws and benefits of investing in Florida,  we are here to help you.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 20 years experience including holding a dual degree in Accounting, her broad knowledge of REAL ESTATE LAW serves to aggressively protect and defend our firm’s clients, foreign investors, real estate buyers and sellers.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

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

TITLE SERVICES – TITLE COMPANY

How often do you hear the word “FREE” and the word “Lawyer” in the same sentence?  Well, at the Law Offices of Jacqueline A. Salcines, PA, we have been offering free legal advice to our clients for years.  Whether you are a buyer of real estate that is looking to purchase real estate and require a contract or offer review.  Or a seller that is looking to sell real estate entering into a Listing Agreement or As Is Contract for Sale and Purchase, we are happy to review your contract at no cost.

For over 20 years we have been assisting our clients with their real estate needs and look forward to assisting you with yours.

While no two real estate transactions are ever alike, no matter whether you are on the seller side or the buyer side, do not go it alone.  Call today for a free consultation in any of the following practice areas:

Practice Areas

  • Contract review and preparation
  • Real Estate Closings
  • Title Insurance
  • Contract Law
  • Landlord Tenant Law
  • Business law and incorporation
  • Real Estate Litigation
  • Debt Settlements
  • Partition Actions
  • Probate matters
  • Estate planning

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 matters for 20 years.

 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 LAWYERS

It has become increasingly easier, with the use of the internet, and such websites as AVVO.COM and Justia, to locate an attorney who specializes in your area of need.  Whether you seek a real estate attorney, a litigation attorney, a landlord tenant lawyer, or any other type of lawyer, finding one is a click away. However, the internet should not the sole source for such referrals.  Visit the attorney’s website.  Ask around for referrals of friends and family who have had a good experience with a lawyer.  And read our reviews.  And of most important, the consultation with the attorney should be free of charge and should be face to face with the attorney, not support staff.

  • The hiring of an attorney usually comes at a time of need or extreme urgency.  Lets face it. We don’t have attorneys on our list of favorites and we aren’t calling them daily.  However, when you do need them, the attorney should be readily available and able to assist.
  • At the Law Offices of Jacqueline A. Salcines, P.A., we pride ourselves on providing excellent and timely customer service to our clients and potential clients.  Our firm handles all matters involving real estate, title services, escrow services, litigation, mortgage services and all real estate related issues including:
    • Real Estate Contract Preparation
    • Real Estate Contract Review
    • Escrow Services
    • Title Services
    • Landlord/Tenant law and evictions
    • Litigation
    • Attorney Jacqueline A. Salcines, founding partner and chief operating officer, has been practicing law since 1999, has her Juris Doctorate degree in Law from the University of Miami School of Law, her Accounting Degree from the University of Miami School of Business Administration,  and is also a licensed real estate broker.  With broad experience with both transactional and general civil litigation, her extensive knowledge in real estate and business has allowed us to assist clients for over 18 years in Miami Dade, Broward, Palm Beach and Monroe Counties.

Allow us to put our experience to work for you.

SOUTH FLORIDA REAL ESTATE LAWYERS

JACQUELINE A. SALCINES, P.A.
TEL.  305.669.5280
J.SALCINES@SALCINESLAW.COM

  1. Call us today for all your real estate, title and closing needs.
  2. Attorney Jacqueline A. Salcines, founding partner and chief operating officer, has been practicing law since 1999, has her Juris Doctorate degree in Law from the University of Miami School of Law, her Accounting Degree from the University of Miami School of Business Administration,  and is also a licensed real estate broker.  With broad experience with both transactional and general civil litigation, her extensive knowledge in real estate and business has allowed us to assist clients for over 18 years in Miami Dade, Broward, Palm Beach and Monroe Counties.

Allow us to put our experience to work for you.

 

SOUTH FLORIDA REAL ESTATE LAWYERS

jacqueline-a-salcines-consultationEarly reports are optimistic about the state of South Florida real estate after Hurricane Irma. Though the bulk of the damage was trees and downed power lines, new construction, condominiums, and luxury homes, did not see much in the way of property loss or destruction.  While it is sad to see Miami with all its downed trees, and beautiful foliage and landscaping down, all of us know now what really matters and that Florida, particularly Miami always rebuilds. 

Many buyers and sellers who were under contract before the storm held their breath to see what would happen. And luckily, not much did. 

Those sellers that did have property damage need to consult with an attorney to see whether they are responsible for correcting the issues, making an insurance claim or necessary repairs, or advising the buyer to take the property “As Is”.

Hurricane Irma also affected insurance binders, and did not permit those that were ready to close the opportunity to close, since insurance could not be bound before or after the storm.  Hopefully things will get back to normal soon, after Hurricane Irma, and Hurricane Maria, and Miami will once again partake in the flourishing real estate market that it has always been.

If you are a buyer, or seller, and require the services of a real estate lawyer, contact us.  With over 17 years experience, we are well versed in Real estate contracts, As Is residential contracts for Sale and Purchase, Force Majeure and how Acts of God affect real estate contracts, as well as inspections and interpreting reports, as well as negotiating concessions between buyer and seller.  

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

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 LAWYERS

jacqueline-a-salcines-consultationWhile cash buyers are much the norm nowadays, there is always a hesitant buyer that questions whether purchasing a property ALL CASH is the best way to go.  Or, if financing, even if you have the cash, is the better alternatives.

There are many pros and cons to each scenario.  Purchasing cash allows a real estate buyer  to avoid interest payments, closing fees, taxes on the purchase including intangible and documentary stamp taxes as well as avoids the necessity for bank imposed insurance requirements. However, tying up all your cash in real estate may not be the best investment for some.

Those real estate buyers that are able to give a significant down payment, 20 percent or more, and finance their deals, are able to put their money into additional real estate investments, or save for emergencies.  Moreover, a mortgage on a property often protects against judgment creditors and provides other protections.

 

If you have questions or concerns regarding purchasing cash or financing, it is always best to consult with an attorney to represent you.   With over 17 years experience, we are well versed in Real estate contracts, As Is residential contracts for Sale and Purchase, Force Majeure and how Acts of God affect real estate contracts, as well as inspections and interpreting reports, as well as negotiating concessions between buyer and seller.  

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
  • Lien Searches
  • Inspection report review and negotiations
  • Contract Law and review of Real Estate Contracts
  • Escrow law
  • Real Estate Litigation

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 transactions for over 17 years.

 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

MORTGAGE LAW

What happens to escrows, or monies held by the mortgage company for insurance and taxes after a closing when the property is sold?  Mortgage escrows are funds paid by the borrower when making their monthly  mortgage payment, for the payment of insurance and taxes on the yearly anniversary dates.  These monies belong to the homeowner or borrower and are held in reserve until the bank pays them.

Once a real estate closing takes place and the mortgage is paid off, what happens to those monies?  The bank is not paying taxes or insurance and therefore, the monies will not be paid to any third party company.

The monies advanced for escrows are then required to be returned by the lender, within a date certain. Borrowers are urged to advise their mortgage companies of their correct addresses so that the checks reach them once issued and mailed.  The bank will not wire the funds or send the checks certified mail. Therefore, it is the responsibility of the homeowner to make sure the bank has their correct address.

Acting as title agents and representing our sellers in transaction, we go beyond regular routine closing services and after closing, our team at the Law Offices of Jacqueline Salcines, PA makes sure that they monies are received by the seller borrower.  “Until that check is received, we do not close out our file.”

At the Law Offices of Jacqueline A. Salcines, P.A. we have been assisting buyers and sellers, with their real estate needs since 1999.  We are a full service title company and extremely knowledgeable in FIRPTA rules and regulations.

Whether you are buying, selling or refinancing, we will handle all of the details and represent you from contract to closing.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • 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

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
 

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