Daniel Pascale By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL As the amount of South Florida real estate transactions continue to reach new records, real estate brokers and agents find themselves in more and more commission disagreements. As such, we thought it would be…
By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL What is FIRPTA? The Foreign Investment in U.S. Real Property Tax Act of 1980 (“FIRPTA”) was enacted to ensure that foreign investors are taxed on the gains from the disposition of their U.S. real property investments. …
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Estate by entirety. A deed was to an undivided 98 percent interest and H and W, husband and wife, as to an undivided two percent interest, creates an estate by the entirety in the two percent…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Florida Statute 689.071 creates an entity known as a Florida Land Trust. A Florida Land Trust is a device by which real estate is conveyed to a trustee under an arrangement reserving for the beneficiaries the…
By: Daniel Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL COURT APPOINTED RECEIVER OVER CONDO ASSOCIATION Granada Lakes Villas Condo Ass’n, Inc. v. Metro-Dade Investments Co., 74 So.3d 593 (Fla. 2d DCA 2011), app’d 38 Fla. L. Weekly S777 (Fla. 2013) The developer of a subdivision of…
By: Daniel Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Florida’s condominium laws change frequently and affect hundreds of thousands of unit owners in the process. During Florida’s last legislative session, the legislature enacted a number of changes to Chapter 718, Florida Statutes (Florida’s Condominium Law). The…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Condominiums offer a long list of benefits to those who opt to reside in them. Condominium unit owners have the advantage of owning property without the hassle of property maintenance, repairs, and security concerns. Condos are…
By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL As the South Florida real estate market continues to heat up, construction disputes are once again becoming a common occurrence in Miami-Dade, Broward and Palm Beach County. The Doctrine of Substantial Performance While a party’s legal rights…
By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Here is Part 2 of the new FAR-BAR Contract blog post: Buyer Closing Costs Paragraph 9(b) offers a list of closing costs to be paid by the buyer. The owner’s title policy premium has been added as…
By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL The Florida BAR and Florida Association of Realtors recently adopted a new standard real estate contract. Because the new “FAR-BAR” contract will control the majority of residential real estate transactions in Florida, it is important to understand…