Florida Real Estate Lawyer

florida real estate lawyer

Private Financing And Acquisition Techniques For real estate

A good investor knows that a real estate property selected with care can be very rewarding. It can render above 100 percent ROI per year, along with good leverage. That is why real estate investing has become the most preferred form of investment by ambitious investors.

However, real estate investments call for certain qualities, such as a good credit record, a sound financial position, an appreciable income, bundles of dollars for a down payment, and the lenders by your side.

All are not bestowed with such financial qualities. But, there are techniques to enable smart people with less cash to step into the world of real estate. Some of them are discussed below.

1.Trust: It is important for the real estate seller to trust the buyer regarding the equity payment terms. One of the most proven ways is to give the seller a substantial amount of cash as a down payment.

2.Less Terms, More Price: The seller usually asks for more money in exchange for flexing the terms of the agreement. A Florida reak estate seller agreed to extend the payment schedule by 10 years in return for a higher sales price.

3.Direct Questioning To the Seller: Often, buyers hesitate to ask the sellers why they need the money. They continue assuming needs and knitting diplomatic questions to extract the information. The best way is to directly ask the seller. You can always assure the seller of your help provided you know what the seller intends to do with the cash.

4.Paying By Skills, Not Cash: Buyers such as lawyers, insurance agents, merchants, and painters are skilled enough to provide important services to the seller. They can trade their skills for a better deal on the down payment.

5.Life Insurance Policy At The Rescue: Life insurance policies are an asset that can be used for other investments. Policyholders whose policies are gathering dust can sell them to withdraw funds.

6.Trading Items To Reduce The Down Payment: It isn’t a hard and fast rule to pay the down payments in cash. If services can be traded, so can be valuable items, such as musical instruments, furniture, paintings, and even pets. Rare species of animals prove to be a perfect down payment. Some investors have even traded their precious emeralds, rubies, and other gems.

Additional Help
The trick is to satisfy the seller’s needs and win the seller’s trust. There are many financial advisors to help you in your investments. They can tell you more techniques too. Remember, you need not be a millionaire to own real estate property.

About the Author

David Gass is President of Business Credit Services, Inc. His company publishes a free weekly e-newsletter on Small Business Consulting at their
web site http://www.smallbusinessconsulting.com

What to do Seller’s Remorse?

Here’s my problem. I listed by house on the market after being pressured by a local real estate agent. I decided that I would try moving to Florida. I found a buyer and we had the closing last week. Immediately after the closing, i changed my mind. I don’t want to move to FLA, and plus there are too many happy memories in my house. So I went back into the lawyers office and tore up the quitclaim deed. Now they have no proof that I ever signed my house over. Then I went back and deposited the check back into the buyer’s account. Now, they are trying to force me out of my own home, using the purchase and sales agreement as evidence. I don’t know how anyone could be that cruel and heartless. I am not moving, no matter what. No judge will force me to sell my house; he can put me in jail, but he can’t force me to do anything. What are my legal rights?

Where to start?
(1) Taking their money without intent to deliver a deed would be fraud, as demonstrated by your destruction of the deed. It doesn’t matter that you already made “restitution” of the payment, as the crime was already complete. Circumstantial evidence of intent is often enough to convict.
(2) They DO have “proof” that you signed the deed, as there were undoubtedly witnesses, including a notary, if not one or more lawyers (who often tell the truth when subpoenaed). They will all produce testimony or affidavits swearing that you did, in fact, sign the deed in their presence.
(3) Once you signed the deed and delivered it, the deal was over, regardless of whether a signed copy is available for proof. The buyers owned the property at that moment, and your destruction of their deed was pointless, if not criminal (as a malicious destruction of property — a paper — that did not belong to you).
(4) There is no “contract” to enforce, once you delivered the signed deed (under the merger doctrine), so this would not be a contract dispute, but a possession/property dispute. You can’t be “forced” to sell a house that you already sold. Even if you wanted to dispute the contract, you probably only have limited rights to rescind, and the buyers probably have right to the equitable remedy of specific performance (unlike money for damages, real estate is unique and the remedy is the promised conveyance).
(5) Upon petition of the buyers and proof of the sale, the court will gladly order you to sign a new copy of the deed, for the record, or enter a court order that your refusal to sign is a criminal contempt, and then use the powers of equity to have someone sign the deed on your behalf.
(6) Your continued presence in the house is a trespass. If you are ordered to leave and yet remain, it becomes a criminal trespass. You are not a tenant and there is probably no reason for the owners to go through any “eviction” as you never had any right to possession under their new ownership.
(7) So, in summary, yes, you will be in jail on multiple crimes, yes you will be out of the house (in handcuffs), yes you cannot be forced to sign a deed, no the court doesn’t need your permission to sign a new copy of the deed for you, and no, you have no legal rights to own or possess the property you already sold.

Thank you for playing.

florida real estate attorney – Help For Home Foreclosure


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