Florida Law | Real Estate Law Series ®

National License, National Database, National Everything?

There has been discussion about a national driver’s license, a national license to practice law, a national database for IRS liens, a national database for all real property liens, and a national registry for all real property records. The Federal Reserve, in its proposal for a national lien registry, says its idea would make locally recorded information [...]

Power of Attorney

I’m sure most of you know about the changes to Florida’s power of attorney laws that went into effect on October 1, 2011. Please read CS/SB 670 for all of the changes and exceptions (e.g. powers granted by corporations).

While you are reading that bill, I want to point out a few changes [...]

Update on Florida Bar Committee meetings

As a now past member of the Florida Bar’s Professional Ethics Committee and now current member of the Bar’s Unauthorized Practice of Law (UPL) Committee, I want to pass on some information from both committee meetings held on June 24th in Orlando.

You may have been waiting to hear what the [...]

Sinkholes

Once a year I try to review new state laws that may impact real estate transactions. Before I could get to this task, the Florida Land Title Association sent out several bulletins describing important law changes, doing my job for me! I will summarize a few of these laws, here, but you really need to see [...]

The Unauthorized Practice of Law

I am going to report to you about the results of The Florida Bar’s Unlicensed Practice of Law Standing Committee’s recent meeting to allow public comments about short sales and claims by attorneys that nonattorneys are crossing the UPL line when working on short sales, I promise. But in the meantime, I find myself drifting to what [...]

Escrow and Trust Accounts

Recent high level thefts from title insurance escrow/trust accounts has triggered a lot of interest in these accounts by regulators and title insurers. What are the escrow and trust account rules? Who may audit your account and when?

Authority to hold money in escrow for Florida real estate brokers is found (primarily) in F.A.C. [...]

Solar Water Heaters

What is it about solar water heaters that screams scam? I just read an article that many folks are buying solar water heaters (and other solar energy saving devices) from companies who are, allegedly, indicating their government rebate checks would arrive before payment was due. Unfortunately, many of these people were also convinced [...]

The FLTA Represents All Of Us

Unlawful Inducements, according to Florida’s Department of Financial Services, are what exactly? DFS’ Proposed Rule includes the traditional “printing mailing labels for real estate brokers” and “paying for referror advertising,” but it also includes “charitable contributions on behalf of purchasers” and “entering into an affiliated business arrangement in an attempt to provide a kickback.” Hmm. I [...]

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