News & Analysis as of

Real Estate Transactions Florida

Lowndes

Protect Your Property: Register for Florida’s Title Fraud Alert Service

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Title fraud in Florida has increased significantly in recent years. This type of fraud typically involves a person forging a deed to transfer someone else’s real property to a shell company formed by the fraudster. The...more

Nossaman LLP

Spring, Taxes, and the 1033 Exchange

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As the Ides of April approach for individual tax filers, a mad dash to find tax savings is underway.  Many real estate investors and professionals are quite familiar with the tax saving potential of a 1031 Exchange....more

Dickinson Wright

Florida’s Foreign Entities Act Declared Unconstitutional in Recent Ruling

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In a recent legal development, the 11th US Circuit issued a consequential verdict in Shen v. Simpson, a federal lawsuit challenging Florida’s Conveyances to Foreign Entities Act (SB 264), which restricts individuals from...more

Mayer Brown

US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring...

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On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which...more

Bilzin Sumberg

Court Ruling Leaves Florida Law Restricting Foreign Ownership of Real Property Enforceable for All But Two

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On February 1, 2024, the United States Court of Appeals for the Eleventh Circuit partially granted the plaintiffs/appellants’ motion for an injunction pending appeal in Shen v. Simpson, No. 4:23-cv-208-AW-MAF (N.D. Fla....more

Bilzin Sumberg

Florida Real Estate Commission Finalizes Buyer’s Affidavits for Conveyances to Foreign Entities

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The Florida Real Estate Commission’s form buyer’s affidavits for conveyances to foreign entities are finally available and go into effect on January 17, 2024. This should provide some relief for practitioners and title...more

International Lawyers Network

Buying and Selling Real Estate in Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things,...more

Bilzin Sumberg

Updates on Florida Law Restricting Foreign Ownership of Real Property: Proposed Rules and Shen v. Simpson

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SB 264 (Chapter No. 2023-33, Laws of Florida) - which restricts some individuals and entities associated with China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from owning certain real property in Florida - has...more

Lowndes

Lee County Pilots New Property Fraud Prevention Program

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In an effort to combat the rising levels of real property fraud, the Florida Legislature has implemented a pilot program in Lee County requiring government-issued photo identification (ID) for filing deeds in person or by...more

Bilzin Sumberg

Florida Law Restricting Foreign Ownership of Real Property Gets Initial Set of Proposed Rules

Bilzin Sumberg on

On September 20, 2023, the Florida Department of Commerce (“DOC”) (formerly known as the Florida Department of Economic Opportunity) released its initial set of proposed Rules for implementing SB 264 (Chapter No. 2023-33,...more

Bilzin Sumberg

Florida Law on Foreign Ownership of Real Property Survives For Now – Compliance Still an Issue

Bilzin Sumberg on

On August 17, 2023, Judge Allen Winsor of the U.S. District Court of the Northern District of Florida denied the Plaintiffs’ motion for temporary injunction in Shen v. Simpson, Case No. 4:23-cv-208-AW-MAF, the pending...more

Lowndes

How To Avoid Flopping When Flipping Fla. Real Estate

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In an economy where land prices are rising, it is not unusual for a buyer who has a property under contract to consider flipping all or part of the property to another purchaser for a profit. If a contract gives the buyer a...more

Lowndes

Florida Senate Bill Tries to Counter MV Realty’s 40-year Liens by Regulating “Residential Loan Alternative Agreements”

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In a move to protect homeowners from deceptive practices, the Florida Senate has passed CS/CS/SB 770, a bill that regulates residential loan alternative agreements for the sale of residential real property. The bill, which...more

Lowndes

The Changing Rules of Real Estate: How SB264 Affects Foreign Purchasers and Owners of Real Estate in Florida

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Foreign purchasers and owners of real estate in Florida need to be aware of SB264. This law, which was recently signed by Governor Ron DeSantis, has important implications for foreign nationals who want to invest in Florida...more

International Lawyers Network

Buying And Selling Real Estate In Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

Lowndes

Drone Use by Commercial Building Owners

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Owners and buyers of commercial buildings are increasingly using drones also known as unmanned aircraft systems (UAS), to inspect roofs and other exterior elements of buildings. In addition to making it easier to access the...more

Shutts & Bowen LLP

Drawn-out negotiations over purchase agreement result in extensive litigation

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A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more

Lowndes

Mineral Reservations and Real Property in Florida

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It is not unusual to find mineral reservations in the chain of title to real properties located in Florida. When the State of Florida first conveyed title to state owned lands, it was customary for the state to reserve an...more

International Lawyers Network

Buying And Selling Real Estate In Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

Shutts & Bowen LLP

Buying and Selling Golf Courses in Florida

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Whether as a result of market conditions, evolving golfer preferences, or the financial realities of operating a golf course, golf courses in Florida regularly change hands. Below are some key issues to account for when...more

Lowndes

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

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Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

International Lawyers Network

Buying And Selling Real Estate In Florida (Updated)

KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER FLORIDIAN LAW - I. STANDARD FORMS OF AGREEMENTS - A. Purchase and Sale Agreement sets forth the complete terms of the purchase and sale including, among other things, price,...more

ArentFox Schiff

What Litigation Has the Coronavirus Spurred? Force Majeure, Insurance, Real Estate & More

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In the wake of the coronavirus, businesses and courts remain shuttered as a result of stay-at-home government orders. Businesses and organizations are grappling daily with the changed circumstances that the virus brought....more

Carlton Fields

Changes to Florida Notarization Statutes Effective January 1, 2020

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Effective January 1, Florida's notary laws are changing. In general terms, remote notarization will now be permitted, meaning that if certain criteria are met and the statutory protections are in place, the notary will no...more

Lowndes

Buying Property From a Seller Who Doesn’t Own it Yet

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The Central Florida real estate market is still relatively strong. As a result, some speculators have been placing single and multiple properties under contract for purchase, only to offer to sell the property that they don’t...more

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