Deposit Recovery Services - Real Estate Attorney - Condo and Preconstruction Law

Florida, New York, and Federal Real Estate Law protects individuals in Preconstruction and Condo contracts. Our attorneys may be able to assist you with your Real Estate Deposit Recovery claims and Developer contract rescissions. Email Us info@depositrecoveryservices.com or Please call 1-877-527-1512 (Toll Free outside South Florida)

Friday, November 2, 2007

Can I cancel my Condo or Preconstuction Contract?

Are you asking yourself, "How do I get out of this condo contract?", "What are my legal rights regarding this preconstruction deal?", "Do I need a Miami Condominium Contract Attorney". If any of these thoughts has entered your mind recently and you are considering a Real Estate Attorney in New York or Florida, Please call or email for a free consultation. Deposit Recovery Services, specializing in Condo and Preconstruction contract law.
SEO test Press Release on Preconstruction and condominium contract law
Article number four in our SEO test. This Article is written by a High Scool Student in India. The test consists of testing the search engine results for such sought after terms as Florida Real Estate Attorney, Miami Preconstruction, Condo Law, New York Real Estate Lawyer, contract rescission, and Condo contract dispute. Can we "move the needle" using the newly created Deposit Recovery Services website from an established South Florida Law Firm
and move its search results using nothing more for content than basic papers written by high school students with no background in Condo or Preconstruction Real Estate Law Contract Disputes.
A condominium or condo is a form of housing occupancy. Technically a preconstruction condominium is a collection of individual homes along a land which they are affixed on. Colloquially the term condo simply refers to a unit replacing the term “apartment” as the latter seems less posh. Commonly the ownership of a condominium unit is comprised of the air and space within the unit’s boundaries. Some minor interior modifications are allowed as long as it will not affect a common area. Common areas are hallways, rec rooms and other facilities that are jointly “owned” or are enjoyed by any if not all tenants.

Can I get out of this preconstruction contract? Miami Real Estate Contract Law.

The Declaration of Condominium is a document that states the rules and restrictions established by the Board. Such rules typically include pet restrictions, mandatory maintenance or maintenance fees, and other modifications of a condo unit. Condominium units can either be owned or merely leased. Contrary to common belief condos do not merely consist of residential abodes. To date condominiums are now being used as office spaces, retail shops, facilities such as a salon or gym, retirement homes, dormitories or as hotel rooms. These of course are called non residential condominiums.

A lot of people, those who are single or are just starting a family opt to live in condos. This is because of the many benefits of condo living, usually condos come fully furnished and is often reasonably priced. The affordability is its main selling point, its definitely cheaper than building from the ground up in a limited time frame. Usually condominiums are located in accessible areas which work well for folks who work non stop but still find that they need to come home occasionally. Another perk of condo living is the availability of utilities and facilities that would have been unattainable especially for those who are pressed for time. Most condominiums come equipped with their own gyms, salons, swimming pools, clubhouses etc. If not rest assured that they are located near one. Another condo living perk is the 24 hours security service, the doorman or help desk that definitely makes living there safe, comfortable and enjoyable.

Law Offices of Eric L. Bronfeld, P.A.
PO Box 22506
Fort Lauderdale, Florida 33335
954-527-1512(South Florida Area)
1-877-527-1512 (Toll Free outside South Florida)
info@depositrecoveryservices.com
http://www.depositrecoveryservices

DISCLAIMER: The Law Offices of Eric L. Bronfeld, P.A. have NOT prepared or reviewed these materials. This blog is for informational purposes only.
They are not legal advice and have not been written by a Florida or New York Real Estate Attorney.
This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.
Do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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Thursday, November 1, 2007

Preconstruction and Condominium Law in South Florida and New York

The attorneys at Deposit Recovery Services have asked us to put a note in todays blog post, that the Indian Student SEO article contest is still in effect. As an update, we have gotten permission to do an SEO test on the website of Deposit Recovery Services. A team of Florida and New York Preconstruction and Condo Lawyers focused on real estate contract law. Protecting buyers rights in the arena of Condo Contract Law.

If you have a question regarding your Condo Contract and your legal rights to escape the terms of your contract prior to closing....please email or call for a free consultation.

We will be back to our normal informational writing on condo and preconstruction law in just a few days.

Article #3 on the list of SEO articles for Miami, Broward, and Palm Beach Real Estate Law.
This article is not the opinion and has not been reviewed by a Real Estate Condo Attorney.
Real estate law defines a person’s right to owning and possessing land, structures on land and buildings including whatever materials that can be found above or below the land’s surface. Because there are various laws governing certain areas here is a list of some of the basic real estate laws in South Florida.
A contract that binds both the tenant and the landlord is called a lease regardless of the state you’re in a lease is a lease. The variation occurs in the rental amount, payment dates, and duration of lease, facilities, utilities and other particulars that are applicable in the area. Some minor provisions can be issued by landlords as long as it is legal.
Can I get out or rescind my preconstruction condominium contract
In occasions of periodic tenancy, unless terminated accordingly under Florida Law, the lease must be automatically renewed from period to period. Also with regards to termination of lease the law states certain requirements. Year to year lease deems that a notice must be given 60 days before the said contract end. For a quarter lease, 30 days must be allotted. For the month to moth lease, 15 days is set while a week to week lease requires a notice 7 days prior to the end of the contract.

The Florida real estate law states that a landlord shall hold the security deposit in both an interest bearing account and a non-interest bearing account. At the end of the lease landlords have 15 days to return the security deposit. It is then that the landlord may notify the tenants of any damages he wishes to charge them with. The tenant is given 15 days to accept or reject a landlord’s claim. After which the landlord may freely deduct from the security deposit whatever damage charges he claims. Any further disputes will be dealt with in court. Mitigation of any damages is required from landlords as it is not fair to purposefully pile up said charges.

I would like to get out of my condo contract before closing

It is against South Florida real estate law to discriminate in any sale of appraisal or brokerage because of a handicap, race, sex, national origin, religion or familial status.

Real Estate condo/pre-construction test number 3 for south florida and new york

New information on Washington Mutual Lawsuit. Mortgage Fraud/Appraisal allegations.
New York Attorney General Andrew Cuomo said Thursday that his office sued First American Corp. (FAF) and its eAppraisalIT unit for alleging colluding with Washington Mutual Inc. (WM) to use a list of preferred appraisers to inflate mortgage appraisals.

In a press release, Cuomo said First American allegedly caved to pressure from Washington Mutual to use a list of so-called "proven appraisers" who allegedly provided inflated appraisal values.

"The independence of the appraiser is essential to maintaining the integrity of the mortgage industry," Cuomo said. "First American and eAppraisal IT violated that independence when Washington Mutual strong-armed them into a system designed to rip off homeowners and investors alike."

Cuomo will discuss the lawsuit in more detail at a press conference Thursday morning.

In the press release, Cuomo said emails showed eAppraisalIT executives knew their behavior was illegal, but intentionally broke the law to secure future business with Washington Mutual.

The lawsuit was filed in New York State Supreme Court. Washington Mutual is not listed as a defendant.



Law Offices of Eric L. Bronfeld, P.A.
PO Box 22506
Fort Lauderdale, Florida 33335
954-527-1512(South Florida Area)
1-877-527-1512 (Toll Free outside South Florida)
info@depositrecoveryservices.com
http://www.depositrecoveryservices

DISCLAIMER: The Law Offices of Eric L. Bronfeld, P.A. have NOT prepared or reviewed these materials. This blog is for informational purposes only.
They are not legal advice and have not been written by a Florida or New York Real Estate Attorney.
This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.
Do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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Wednesday, October 31, 2007

2nd Indian Student SEO test article for Florida Real Estate Attorney Condo Preconstruction Contract Law

This article is not written by or reviewed by a Florida or New York Real Estate Attorney. It is the second in a test of 10 articles. They have been written by Indian High School students to test the effect on SEO for a Florida Preconstruction Condo Real Estate Attorney in Fort Lauderdale, Florida. New York office in Manhattan, New York. Can I get out of my condo or preconstruction contract? Please call or email our office for a free consultation on Deposit Recovery Services.
TEST SEO PRESS RELEASE FOR DEPOSIT RECOVERY SERVICES

Full Title Closing services available at GO2CLOSING.com

In the United States an attorney at law is a person licensed to practice law by the highest court of state or jurisdiction. Other common terms used are attorney, counselor, counsel and lawyer. For the spurned another applicable term is liar.

Attorney at law vs Attorney in fact (Florida and NY Deposit Recovery Services)

Is there a difference? Generally speaking an attorney is someone who acts in behalf of a person. An attorney in fact is being paid to act for the principal. They are commonly associated with representing another person’s business interest or negotiations. An attorney at law is trained and learned to practice law by representing clients in legal matters and giving legal advice.

The job description of an attorney (Real Estate Lawyer)

An attorney once admitted into practice by the highest court of a state can file legal pleadings; argue cases in court usually in state courts since federal courts require a different admission. Providing legal counsel (real estate contract law)and advice to clients, drafting important legal documents such is the case with deeds, contracts, trusts and wills.

Real estate closings in some states can be performed only by attorneys. Usually document notarization, escrow account settlement funds and disbursement are their common closing attorney roles.

Law practices commonly includes interviewing clients and identifying, solving, analyzing, researching relevant laws, devising legal solution and executing them accordingly are often executed. Performing certain duties such as contract drafting or filing a motion in court are some other tasks attorneys accomplish. Most of their academic training is directed towards legal issues, its identification, its proper factual research and the ability to understand, interpret, comprehend and argue facts both in favor of whatever side in any case. A lawyer’s role is to defend his client what the clients stand point will be the attorneys point as well. Therefore obtaining facts to aid in his client’s case is essential.
Condominium Lawsuit representation for condo lawsuits
Understandably a person who is learned but not licensed by law is not deemed as a lawyer. For him or her to practice as if he is one is unauthorized. Legal practices are only reserved for those who have passed the bar exams hence are lawyers

New York Attorney General Andrew Cuomo said Thursday that his office sued First American Corp. (FAF) and its eAppraisalIT unit for alleging colluding with Washington Mutual Inc. (WM) to use a list of preferred appraisers to inflate mortgage appraisals.

In a press release, Cuomo said First American allegedly caved to pressure from Washington Mutual to use a list of so-called "proven appraisers" who allegedly provided inflated appraisal values.

Protect your rights, do you know your protections condo and preconstruction contract.

"The independence of the appraiser is essential to maintaining the integrity of the mortgage industry," Cuomo said. "First American and eAppraisal IT violated that independence when Washington Mutual strong-armed them into a system designed to rip off homeowners and investors alike."

Cuomo will discuss the lawsuit in more detail at a press conference Thursday morning.

In the press release, Cuomo said emails showed eAppraisalIT executives knew their behavior was illegal, but intentionally broke the law to secure future business with Washington Mutual.

The lawsuit was filed in New York State Supreme Court. Washington Mutual is not listed as a defendant.



Law Offices of Eric L. Bronfeld, P.A.
PO Box 22506
Fort Lauderdale, Florida 33335
954-527-1512(South Florida Area)
1-877-527-1512 (Toll Free outside South Florida)
info@depositrecoveryservices.com
http://www.depositrecoveryservices

DISCLAIMER: The Law Offices of Eric L. Bronfeld, P.A. have NOT prepared or reviewed these materials. This blog is for informational purposes only.
They are not legal advice and have not been written by a Florida or New York Real Estate Attorney.
This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.
Do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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Deposit Recovery Services, test writing on Florida Real Estate, student test

This is not the opinion or writing of a Florida or New York Real Estate Attorney, it is the product of a student in India. We offered a place on our blog as part of a school project.
Please be sure to contact our office for a free consultation regarding Deposit Recovery in matters of Condo and Preconstruction Contract Disputes.

SEO - Student test project for Deposit Recovery Services - NY and Fl. Condominium and Preconstruction real estate contract law.
Real estate laws are rules and regulations governing or acting as a framework such laws vary depending on the area. Some real estate laws only apply in certain states. Here is a short list of the basic real estate laws found in South Florida more specifically in Miami.

Condominium laws in Miami

Aside from the usual rules and regulations tenants follow when living it up in a condominium the condo developers or association have laws to follow as well. Under the laws of Miami and South Florida the association can enter into contracts, be sued or sue in others in turn. The state of Florida rules that mandatory rules and provisions are to be enforced and executed in terms of ownership of condominiums, association has the authority to impose their additional set of operational rules such as the most common one regarding pets, car parking, children, unit maintenance, resale and leases as well as the allowable noise level. Hence when purchasing a condo unit it is imperative that as a would be homeowner it is your duty to read up on such rules and make a decision if you are capable of meeting these minor demands.

Leases and termination (not Deposit Recovery Services - student legal seo writing)

Leases are structured in various ways. The termination of leases follow structured provisions and processes as well. As a landlord or tenant one must be aware of the proper notification allowance days to be given depending on the tenure. An annual tenure requires 60 day notice prior to the end of contract. Quarterly, monthly, weekly leases have certain notice days allotted to them as well. It is integral that you are familiar with these days to avoid being booted out of your home. Kicked out like some dirty sewer rat. You wouldn’t want that now would you?

Abandonment (Press release for New York Real Estate Attorney)

Upon abandonment of a tenant’s home the landlord has full authority and right to repossess the property thus terminating the contract. The tenant is in no means free from any rental debt or damages incurred prior to abandonment. He or she is still very much liable to pay said landlord whatever dues incurred.


Law Offices of Eric L. Bronfeld, P.A.
PO Box 22506
Fort Lauderdale, Florida 33335
954-527-1512(South Florida Area)
1-877-527-1512 (Toll Free outside South Florida)
info@depositrecoveryservices.com
http://www.depositrecoveryservices

DISCLAIMER: The Law Offices of Eric L. Bronfeld, P.A. have NOT prepared or reviewed these materials. This blog is for informational purposes only.
They are not legal advice and have not been written by a Florida or New York Real Estate Attorney.
This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.
Do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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Monday, October 29, 2007

Real Estate Developers working to have preconstruction and condo laws changed.

Below are a few recent articles found in Bloomberg and the Sun-Sentinel. I find it interesting to read about the "evil" consumer, hiring a Real Estate Attorney to protect their legal rights under the terms of the Condo or Preconstruction Contract. It sounds like the poor Developers are being taken advantage of by the powerful individual condo purchaser.

These articles seem to be written as part of a campaign to influence the legislation currently pending in both Tallahassee, Florida and Albany, New York. The developers are working hard to have legislation passed that will tilt the real estate laws to favor the developers, rather than continuing to protect individual real estate investors.

With real estate sales cratering, panicked condominium buyers throughout South Florida are hiring lawyers to get them out of contracts signed during the height of the boom.

But a few dozen buyers have been fighting in court to close their condominium purchases, and a recent settlement will give them that chance.

About 90 buyers in the oceanfront Deauville condo-hotel in Miami Beach are plaintiffs in a class-action suit against a company affiliated with Homero Meruelo, president of the hotel and residential developer, Merco Group.

The court fight began in 2005 when Meruelo's company, Deauville Associates, canceled contracts on units, citing sales shortfalls.

Buyers objected, saying the $200,000-and-under prices were a bargain for the heated real estate market. Now the two sides have agreed to let the buyers close their purchases, offering them a chance to turn back the clock on South Florida's wild real estate ride.

Florida and New York Law Firm - Deposit Recovery Services - Pre-Construction and Condominium Lawyers

''We want the unit -- of course we do,'' said Arthur Metz, head of marketing for the Sieger Suarez architectural firm.

SETTLEMENT'S TERMS

Under the settlement terms, all plaintiffs are eligible to purchase Deauville units they put under contract in 2004 and 2005, said plaintiff lawyer Michael Schlesinger. Depending on whether they originally agreed to cancel their contracts, they also can opt to get their money back or split a $75,000 payout from Deauville Associates.

Merco executives did not respond to interview requests.

Metz and two other investors signed a $175,000 contract for a one-bedroom Deauville unit in July 2004, then saw their deposit money returned when the developer called off sales. He thinks it's worth about $500,000 now.

Other plaintiffs aren't quite as bullish on the current real estate market, or at least have had a change of heart about buying into the Deauville. Schlesinger said some of his clients won't close -- thanks in large part to the difference three years have made.

2007 VS. 2004

''It's a different situation than in 2004,'' he said. While many counted on flipping condominiums then, now buyers are much harder to find. ''Maybe they don't have the money to close,'' Schlesinger continued.

The current credit crunch and pullback from generous loan terms also can make closing a Deauville purchase much more complicated than three years ago.

''You don't have the same plethora of financing companies,'' he said.

Metz's partner in the deal, former school teacher Robin Tenzel, said she and her mother expect to pay cash for their share of the unit. Tenzel says she has no doubts about the current real estate climate.

''It's certainly a buyer's market, there's no question,'' she said. ``Would I like to buy a little piece of ocean for the original price I got three years ago? Sure.''

Workers are painting, patching stucco and peeling protective plastic from gleaming panes of balcony glass at a new 1,000-unit condo called The Plaza, two towers that rise 43 and 56 stories over Miami's bank district.

A mile to the north, the exotic stonework at a new 500-unit downtown tower known as 50 Biscayne has been polished and the first residents closed on their contracts this month.

Prices in Miami's condominium market -- a poster child of the real estate boom that swept much of the United States until 2005 -- seem to have held up relatively well to date.

But the opening of a raft of big complexes has analysts predicting the market -- fueled by a frenetic construction spree that saw cranes sprout like mushrooms on the skyline -- is edging toward a cliff.

Values may be poised for a wrenching tumble in the next year as thousands of units in the downtown and Brickell banking districts are readied for residents, analysts say.

As a result, the vultures are circling. Hedge funds and private equity pools are busy scouting locations where they can snap up dozens or hundreds of units at sharp discounts to hold as rentals for up to 10 years, until the market turns.

"Everybody thinks south Florida is on sale," said Peter Zalewski of real estate consultancy Condo Vultures, who is advising private equity buyers. "They're all coming to kick the tires."

Futures traders on the CME Group exchange are predicting Miami will be the worst U.S. regional housing market over the next four years with prices falling nearly 30 percent.

Experts have been predicting a fall for Florida condo prices since the market peaked in late 2005. In Miami, sales figures have been falling for months but prices have been resilient as sellers refuse to budge.

In August, for example, condo sales in Miami-Dade County dropped 44 percent while the median price rose 5 percent to $262,000, according to the Florida Association of Realtors.

But the number of condos on sale has climbed to 25,000, a 36-month supply, compared to six to 12 months in a healthy market.

Market analysts say vulture funds could move on a stone-cold market in the next year.

"We have $200 million to acquire distressed condo conversion projects in Florida," said Matthew Martinez, point-man for a Connecticut-based private equity fund. "We're looking at purchases of $7 million and up, all-cash."

Some analysts believe 2008 will be the turning point, when pre-construction buyers are forced to pony up the full purchase price or walk away from deposits, speculators feel the pain of holding too many properties and developers need to dump excess units at discounts of 30, 40 or even 50 percent.

"In May or so, the true blood is going to flow," Zalewski said. "Many of the hedge funds are looking for a minimum of 100 units in the same building."

Miami's condo-building spree was the biggest in its history -- a history replete with booms, busts, and swampland scams.

At the peak some 60,000 units were under construction, planned or permitted in the city of Miami, whose 400,000 people represent only 16 percent of Miami-Dade County.

Some of those projects have been canceled. But the ones already underway and soon ready for residents are shrouded in uncertainty as buyers look to back away from contracts, unable to get mortgages or fearing they are paying too much.

"We have definitely not seen the bottom yet. In the next six to 12 months we'll see the beginnings of that moment of truth," said Brad Hunter of Metrostudy, a housing research firm.

"It could be 2012 to 2014 before this market needs to build more condos."

Between 2006 and 2009, one analyst said, developers will drop 28,000 new units into the Miami market. The downtown buildings are part of a daring plan to revitalize the city's dingy core, a few years ago a haven only for the homeless.

In just eight prominent buildings in the downtown and banking districts more than 6,600 units are nearly ready.

The Related Group, Florida's largest condo developer, expects The Plaza to be finished next month. The first tower of its 1,700-unit, $1.25 billion bayside Icon complex is scheduled for August of next year with the second following in December.

Another developer's 516-unit, $360-million tower called 900 Biscayne Bay is expected to be ready next spring. Down the street, the twin-tower, 870-unit Everglades on the Bay, is expected to be finished in the fall of 2008.

While conceding the market is tough, Related chief executive Jorge Perez said he is willing to join the hedge funds and private equity pools and has upward of $100 million to snap up unwanted units to hold as rentals.

"There isn't a city where I can see the type of growth Miami is going to experience," Perez said. "Given that, do we have a blip, whether it's two years or four years, where we're going to have it rough? No question about it."

A smaller Miami-area condo glut in the 1980s took six years to correct, analysts say. This one could be worse.

"I think we've only seen the tip of the iceberg in terms of the pain the market will see," Martinez said.


Law Offices of Eric L. Bronfeld, P.A.
PO Box 22506
Fort Lauderdale, Florida 33335
954-527-1512(South Florida Area)
1-877-527-1512 (Toll Free outside South Florida)
info@depositrecoveryservices.com
http://www.depositrecoveryservices

DISCLAIMER: The Law Offices of Eric L. Bronfeld, P.A. have NOT prepared or reviewed these materials. This blog is for informational purposes only.
They are not legal advice and have not been written by a Florida or New York Real Estate Attorney.
This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Online readers should not act upon this information without seeking professional counsel.
Do not send us confidential information until you speak with one of our attorneys and get authorization to send that information to us.

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