Real Estate & Land Use

On July 1, 2023, Governor Ron DeSantis signed Senate Bill 264, known as the Interests of Foreign Countries Act, transforming the regulatory landscape of real estate transactions in Florida. This unprecedented legislation limits and regulates foreign principals and entities' sale, purchase, and ownership of certain properties. As the Florida Real Estate Commission (FREC), the Department of Agriculture and Consumer Services (DACS), and the Department of Economic Opportunity (DEO) work towards implementing the law's specifics, uncertainties abound.As such, the involv...

As we delve into Brevard County, Florida's real estate market trends, April 2023 presents various developments. The data, which encompasses single-family homes and townhouses/condos, reflects certain buying trends, pricing, and inventory availability shifts.Brevard County Residential MarketStarting with single-family homes, April 2023 saw a modest decrease in closed sales, down 5.5% from the previous year, with 978 units closed compared to 1,035 in April 2022. This dip also aligned with a significant drop in cash sales by 27.5%.While the drop in sales might raise eyebr...

The real estate market in Brevard County, Florida, has experienced some interesting changes in the first quarter of 2023, according to the Brevard County Residential Report. The report reveals that the number of closed sales for Q1 2023 was 2,471 units, a 9.9% decrease compared to the 2,741 units closed during the same period last year (Q1 2022). There was also a decrease in cash sales of 17.1% during Q1 2023. On the other hand, new pending sales decreased by 8.2%, while new listings increased by 0.3%.One of the most notable changes is the increase in median sales price for...

The County Commission meeting began at 5:03 PM, with Commissioners from Districts 1 through 5 in attendance. The Board of County Commissioners acts as a quasi-judicial body when addressing rezoning and Conditional Use Permit requests. Both applicants and opponents must provide evidence or expert testimony to support their stance, and the Board must decide whether the request aligns with the Comprehensive Plan and Zoning Ordinance.The Commissioners are required to disclose any communication they've had regarding a request, as well as any site visits, inspections, or inv...

Identifying home defects before purchasing a property is crucial for several reasons, especially in Florida where there are specific concerns that homebuyers should be aware of. A home is a significant investment, and it is essential to ensure that it is structurally sound and free from any potential hazards that could pose risks to occupants or result in expensive repairs. Failure to identify home defects before purchasing a property can lead to significant financial losses, as well as legal disputes between buyers and sellers.In Florida, there are several common defects t...

The Brevard County real estate market has seen its fair share of ups and downs in recent years, and the latest trends suggest that the market is continuing to evolve. In February 2022, the market saw a decrease in closed sales, new pending sales, and new listings but an increase in cash sales. Let's take a closer look at some of the latest Brevard County real estate market trends.Closed SalesIn February 2022, closed sales in Brevard County were down by 1.0% compared to last year. The number of units closed was 880, down from 889 in February 2021. However, there was an ...

Key Points:The general rule is that a mortgage may not stay in a deceased person’s name, however exceptions may apply.Generally, if a person dies, title will transfer. If title transfers, it invokes a due-on-sale clause.“Due-on-sale” clauses can be fought with certain exemptions under federal law, including when property transfers to a spouse or child of the borrower on their death and the mortgage was on the family home.The basics: a mortgage represents debt owed by a borrower that is secured (or “collateralized”) by real property that is, almost always, in the borrower’s ...

IntroductionA reverse mortgage is a means for elderly homeowners to pull funds from equity in their home without the need to make regular mortgage payments.[1] In a reverse mortgage, the lender provides funds to the homeowner in lump sum or periodic payments, and the homeowner does not have to repay the balance back unless or until certain events happen, such as their death or the sale of the home.[2]A reverse mortgage lender is essentially taking the risk that the funds they front to the borrower in exchange for a mortgage on the property will be recoverable in the event o...

LGBT couples and families face unique challenges in the probate process.In the LGBT community, the concept of a “chosen family” is prominent.[1] This is because members of the LGBT community are often estranged from their blood relatives and are less likely to have children than the general population.[2] This presents a problem, however, as family members by choice are given less deference by the law than family members by blood.[3]Members of the LGBT community are not unaware of this, and studies indicate that they take greater care in planning their estates.[4] This use ...

IntroductionA lost will is a will that a testator was known to have in their possession but cannot be found after they die.[1]In Florida, if a will is lost, the presumption is that the will was destroyed by the testator because the testator wished to revoke it.[2] To defeat this presumption, the lost will must be established and subsequently admitted to probate.[3] The requirements for establishment are laid out in the Florida Statutes.[4] The relevant provision provides:Any interested person may establish the full and precise terms of a lost or destroyed will and offer the...

Under Florida law, a deed is a written instrument that creates, makes, grants, transfers, or releases an estate, a freehold interest, or an interest for a term of more than one year in, of, or out of any messuages, lands, tenements, or hereditaments.[1] Deeds must be signed by the vendor, or their agent, in the presence of two subscribing witnesses.[2]A deed that follows the form for warranty deeds as prescribed in the Florida Statutes is “held to be a warranty deed with full common-law convenants . . . .”[3] This refers, among others, to the covenant of seisin, the covenan...

What is Capacity?Capacity is the ability of someone to make rational decisions, and thus be accountable for their actions. Individuals with capacity are people with the power to make important life decisions in the eyes of the law; those with capacity are legally recognized as autonomous or semi-autonomous individuals.The question of capacity is rooted in state of mind. As legal concepts, the standards for capacity are designed to protect those who are legally vulnerable as a result of some kind of mental infirmity. This infirmity could be temporary, such as alcohol intoxic...

In the state of Florida, any new company that intends to incorporate must file articles of incorporation with the Florida State Department. These will establish the business as its own entity, be it a C-Corp, S-Corp, non-profit, or other corporate structure. Once filed, the application is reviewed by state officials to ensure that all applicable rules, laws, and regulations have been met and the requisite fees have been paid.Articles of incorporation are critically important and should not be drafted without proper, experienced legal counsel. These papers are legal document...

Starting and Forming a New CompanyThere is a difference between simply starting a business and building a foundation for a lasting enterprise. The fact that you have made it to this point means you are likely more interested in starting a new business or expanding your existing business. No matter the reason, we are here to help.Starting a business is like sailing the open sea because getting lost can be easy but if you have your compass to navigate, you will never be off course. Here at Easler Law, we are your compass; we will guide you through every step of the way to ens...

An eviction is a legal process of removing a tenant from the rental property with an enforced court order.Residential evictions can be stressful in real estate, especially when it’s on a residential level. In the real estate industry, there is always something going on. There are sales to make, rent to collect, updates for properties…you name it!Commercial evictions can become complex fast, depending on the lease type and negotiated terms. It’s also common for commercial leases to be different from tenant-to-tenant.Though evictions have specific lawful procedures that must ...

A power of attorney is a legal document that names an agent to act on your behalf. This person, known as an “attorney-in-fact” or power of attorney, can be authorized to work in many different situations and act for one time or all the time. For example, you may give power of attorney to someone, so they can sign your name to a check when you are out of town.What Types of Power of Attorneys Exist?There are four different types of power of attorney. You can choose anyone you want to be your power of attorney, even yourself. The power of attorney you choose will depend on you...