What are the Legal Differences Between a Co-op, Condo, Townhome and House?

When shopping for a residence, a buyer may be attracted to its architectural style,  the lifestyle it offers, privacy, control over of making alterations or maintenance concerns and fees. When considering a cooperative apartment (a “Co-op”), a condominium unit ( a “condo”), a town house or a detached house, it is crucial to understand...
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Federal Tax Reform Bill May Greatly Impact Commercial Real Estate

After a recent federal tax reform bill was approved, many are concerned with the law’s disproportionately negative impact on tax-heavy states, and the incentive for residents of such states to relocate to tax-free states such as Florida. 

However, there are very real and potentially significant impacts on commercial real estate in the South Florida area,...
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What is a “Good Guy” Guaranty?

A commercial landlord will want protections in the event that the tenant fails to pay the rent or otherwise breaches the lease. A landlord can obtain such protection by reviewing a tenant’s financials and requiring a security deposit in an amount that provides adequate assurances. Another way a landlord can get protection is to request...
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What is an SNDA and Why is my Landlord’s Lender asking me to Sign it?

As a condition of a mortgage loan, a lender may require that the borrower (or landlord) obtain a signed Subordination, Non-Disturbance and Attornment Agreement (SNDA) from the tenants. A SNDA is a tri-party agreement between the lender (the mortgage), the borrower who uses the proceeds to purchase the property (the landlord) and the tenant.  A...
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FHA Condo Certification

In order to buy a condo unit with an FHA loan, it is required that the whole condominium is FHA certified by the Federal Housing Administration. Being able to accept an FHA backed loan will allow for more people to be able to purchase a condo from a building. With low down payment requirements,...
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What is the Difference Between a Commercial Lease and a License to Occupy Business Space?

When one party agrees to let another party use its business space, they must agree on the terms of use, the fee, the term and how the occupancy will come to an end.  This is referred to as a license to occupy space, which is different from a commercial lease.  A commercial lease is...
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What is Title Insurance?

A new home is often the biggest financial investment for many individuals and families. With the down payment and all the costs of closing on a home, a buyer may seek to cut costs, however, title insurance is not the place to do this. Most consumers are familiar with health insurance and car insurance,...
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What You Should Know About A Brokerage Agreement Before You Sell Your House

When engaging a realtor to list a home, the realtor will ask a seller to sign a listing agreement which will detail the broker arrangement and the terms of paying the commission.  You should consult an experienced real estate attorney before you sign a brokerage agreement   Key Terms of a Real Estate Brokerage Agreement A brokerage...
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What You Should Know About a Brokerage Agreement for the Lease of Commercial Space

A landlord and a broker typically enter into a brokerage agreement in connection with the leasing of commercial space. The best way to protect your interests is to consult an experienced real estate attorney before signing such an agreement.  Key Terms of a Commercial Lease Broker Agreement A broker who finds a tenant for a landlord...
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