Da ODUS – Florida Real Estate law

On Thursday evening, November 20^th, we got off the plane, and I could feel the 29-degree temperature of Albany New York. The car rental person told me that Albany has not had a single day above 60 degrees in all of November. Being a Florida Man for 25 years, I joked, “I miss my shorts”. But there was a good reason for going to Albany this November and it was a family photoshoot.

Amidst the worst of things, sometimes you see the best in people and for that I am grateful for this Thanksgiving holiday. My wife’s nephew, Joseph, aged 13, was diagnosed with a diffuse midline glioma (WHO grade 4) which is an extremely aggressive brain cancer. It came as a shock as he was helicoptered from his home in New Hampshire to Boston for emergency surgery. He has been treated at Dana-Farber Institute at Boston Children’s Hospital and has had 5 surgeries in all. There is no known cure for this type of cancer. You can read more about Joseph’s story, here. If you would consider a few dollars for Joseph’s holiday season, this family needs it in the worst way and would help lift a small piece of an immense burden for their journey ahead.

Their family has much faith and going to Italy was something that Make a Wish granted. Meeting the Pope was a moonshot and that is where the ODUS came into play.

The ODUS is our lawyer, Howard Bernstein. Howard is from Brooklyn and licensed in New York, New Jersey, and Florida. I nicknamed him the ODUS as every time I ever need anything; Howard has a guy or knows someone who has a guy. I told Howard once that Bruce Springsteen was the last rocker on my bucket list. Of course, Howard turns around his iPhone and there is a photo of him and the Boss. He asks if I want to meet him. I said, “you know you are much better than Kevin Bacon! Kevin famously is 6 degrees of separation from someone, but you are one degree of separation.” Hence, One Degree Of Separation or the ODUS.

So, when I tentatively uttered, “Howard, do you have any connections to the “The Pope?”, I thought I unfortunately stumped him. Over many months, Howard called in favors from his connections in Brooklyn and in West Palm Beach. From one connection to another, Howard worked his magic. (We also gave Joseph a 2005 White Sox World Series cap to wear for good luck as Da Pope is a known fan going to that game as did I.) On Wednesday morning we get a text from my sister-in-law, “We met the Secretary for Pope Leo XIV. The secretary said he was happy to write a letter to make this moment happen. We needed special yellow tickets to meet with the Pope personally.” And then there was a photo of the Pope meeting and blessing Joesph. You could not help but cry. My sister-in-law said, “Make a Wish doesn’t cure but it gives a family a break from the abnormal life they now lead which now is normal for them.”

When you need a real estate lawyer to make things happen, other than him unfortunately being a NY Yankees fan, I highly recommend Howard Bernstein! Real Estate law is something that intertwines with real estate agents on a daily basis. We deal with it one way or another almost constantly. Florida is odd in that its often a second purchase state for others, and people tend to think they can bring what happens in their state with them. Here are 6 items to pay attention to regarding real estate law.

1.No Yankee Based Attorney’s
Unless your attorney back home is licensed to practice real estate law in Florida like Howard is, don’t use them. I’ve seen attorneys from other states give advice and without consulting a Florida real estate attorney it’s a malpractice. The law here is very different. It’s the same reason I can’t sell real estate in a different state.

2.Real Estate Attorney Specialty
Unless your lawyer has enough specific real estate experience, pick someone who specializes in real estate law only. There are so many types of law and often the family lawyer who doesn’t have much knowledge of real estate law is used. Pick someone who specializes in real estate law only.

3. Writing in language
I see agents as well as clients do this. One agent wrote an addendum recently to us and gave instructions on what happens if there is damage to the home after the inspection, and what the dollar penalties would be. Problem is the contract already calls for it in section M. Now you have 2 parts of a contract fighting with each other. Which is valid? A licensed attorney is the only one qualified to write complex language and would have known how to deal with the other section.

4. Binders.

Florida does not have binders. In other states, the Realtors put the deal together and give it to an attorney. I’ve seen people from other states write up a contract and think they have an automatic out – only to find they signed a hard contract to purchase a home.

5. AS IS period.
Attorney Review. It’s unnecessary and detrimental to a buyer if you are using an AS-IS contract. The reason why is that the AS-IS period to cancel at your sole discretion often exceeds the 3 or 5 days one would normally request for attorney review. You can just make changes in that time if all parties agree to it. Furthermore, if the Buyer wants an As-Is period, then the Seller equally wants one as well. This now gives the Seller an “out of the contract” which they normally wouldn’t have had.

6. Closings.

I like attorney owned, or when an attorney is employed by the title company. If you are the one picking the title agent, it often helps to have an attorney to help with addendums and sometimes give advice in order to keep a deal glued together.

One of my friends said, regarding Jospeh meeting the Pope, “I hope that will be a story your nephew can tell for many years.” I really love that thought.

We at ECHO are thankful to all of our family, friends, vendors and clients who help put Thanksgiving on the table. We hope you are having a wonderful Thanksgiving holiday and wish you the best in health and happiness during this holiday season.