Florida Deposit Recovery Blog | Gregory W. Stoner

Taking Property for Public Use

2010-12-01T12:45:00.000-08:00

Eminent domain is commonly considered to be a power inherent in sovereign governments. It was only recognized and limited, not granted by the Constitution in the Fifth Amendment, which states, "nor shall private property be taken for public use, without just compensation." However, this power was initially unrestricted among state and local governments, which for a while had the power to take private property without compensation whatsoever.

It was the passing of the Fourteenth Amendment in 1868 that gave property owners protection against the actions of states. In section 1, the Fourteenth Amendment states, "nor shall any State deprive any person of life, liberty, or property without due process of law."

Despite this seemingly clear language, the Fourteenth Amendment did not initially lead to compensation for property owners when state governments took their property. The Supreme Court pointed out, in Davidson v. City of New Orleans, that the Fifth Amendment states, "No person shall be . . . deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation" while the Fourteenth Amendment does not explicitly mention just compensation. As a result, the Court decided that the Fourteenth Amendment does not give any guarantee of compensation for taken property.

It was not until Chicago, B. & Q.R. CO. v. City of Chicago in 1897 that the Supreme Court decided the Fourteenth Amendment guaranteed compensation. In fact, the Court stated in its opinion that unless just compensation was included in state laws related to eminent domain takings they could not be considered due process.

Because the taking of private property for public use is considered an inherent power of sovereign governments, it is often difficult to resist the taking of your land. However, it is often possible to ensure just or full compensation in eminent domain proceedings. If your property is being threatened by an eminent domain taking, the Florida Property Rights Law Firm, CO, PA will fight to protect your property to the extent possible, and will, in any case, ensure you receive the full compensation due to you for the loss of your property.

To learn how we can help you, please contact us today.

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2010-04-14T09:39:00.001-07:00

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Deposit Recovery for International Property Owners

2009-07-22T10:14:00.000-07:00

At the Florida Property Rights Law Firm, PA, we help clients from the United States, the United Kingdom, and all around the world resolve issues related to their rights as owners (or potential owners) of property in Florida. If you have put a deposit toward purchasing property in Florida and now want to get that deposit back, we can help.

Before you start trying to recover your deposit on your own, read our blog What a Deposit Recovery Attorney Can Do for You, and consider how much more we can do for you as an international property owner.

We know the language of the law. Even for many fluent speakers of English, American English is decidedly different, and American legal English can be downright baffling. We can help you negotiate the subtleties of the law without running afoul of misinterpretations.

We know how international real estate sales are handled. We have helped many clients who have suffered fraud or misrepresentation as part of an international real estate sale. Because you often cannot personally inspect the property, you have to trust property disclosures by developers and brokers, disclosures governed in the United States by the Interstate Land Sale Full Disclosure Act (ILSFDA or ILSA), but often fail to meet ILSA's standards. We know how a chain of developers, marketers, and investment firms can work together to create a situation that amounts to fraudulent misrepresentation of the property for sale. We can hold those responsible to account for promises they made that were never fulfilled.

We're here so you don't have to be. Florida court procedures are designed for people who are local, often with only nominal provisions for out-of-state litigants. With the unreliability that plagues some postal services both here and abroad, attempting to conduct proceedings by mail is a risky proposition, and can make for some very tight deadlines. Faxing and computers can help, but they can also be prone to unreliability, unpredicted service outages, and misunderstandings about how to file paperwork electronically. And traveling to Florida for legal proceedings can be too expensive to be worthwhile.

On the other hand, we are local to the courthouse and can ensure that your lawsuit is filed in a timely fashion and all paperwork makes it to the courthouse on time.

If you thought investing in property in Florida would be a good idea but have since decided that you want to cancel your purchase, we can increase your odds of recovering your deposit. We offer free consultations, and you owe no fees unless we recover your deposit. Please call or email the Florida Property Rights Law Firm, P.A. today for more information.

Should You Buy a House or Condo in Florida?

2009-07-20T10:13:00.000-07:00

Definitely maybe. There are many good reasons to buy a house or condo in Florida, but also some powerful cautions. Here is a short breakdown of the main things to take into account in buying a Florida home.

The up side:

Florida is a great place to live. One of the main reasons why people buy homes in Florida is simply that it has so many factors that offer a high quality of life. From bustling cities to pristine natural reserves, from sunlit beaches to high-profile attractions, Florida's numerous attractions draw millions of visitors to the state. Chances are that if you're considering buying a home there, you have been one of those visitors and have decided to move there year-round.

Property values are low, but likely to rebound. Florida was hit harder than most states when the housing market bubble burst. Houses in some areas lost up to 60% of their value, making them terrific bargains. Because Florida is a perennial favorite among visitors and transplants, it is likely that the current low prices are only temporary and will be followed by dramatic gains, making a Florida house a great investment possibility. Although it's impossible to know whether prices have hit the bottom, there are signs that the economy is beginning to turn around, making the time to buy sooner rather than later.

The down side:

Developers were hit hard by the recession. When the housing market bubble burst, many developers found themselves short of cash and in danger of imminent collapse. Many developments were postponed essentially indefinitely, even while units in these developments remained on the market. If you are looking to buy a house that has not yet been built, make sure the unit you're purchasing is likely to actually be built, not part of a dead-in-the-water project.

Boomtown building sometimes sacrificed quality. When the housing boom was consuming Florida in about 2003-2006, construction firms were scrabbling for material, labor, and machinery. Sometimes they used materials and building practices that were less than the best possible option. The most high-profile, widespread example of this is the use of defective drywall from China, which makes homes smelly and corrodes metal, but there are other examples that show up. This makes a thorough inspection of your property imperative before you buy.

Overall, if you exercise appropriate caution, buying a house or condo in Florida is a great idea, and now may be the perfect time.

If, however, you decided to buy only to find out afterwards that your property was not as represented, you may be able to recover your deposit. Contact the deposit recovery lawyers at the Florida Property Rights Law Firm, P.A. to learn whether we can help.

Tips for British Expatriates Buying Property in Florida

2009-07-15T10:06:00.000-07:00

Purchasing property is always a stressful event, although there's no reason why it need be a negative stress. Now, with property values low, and the pound rebounding against the dollar, the market seems right for investing in Florida property, whether you are a current British expatriate or are considering a move. You may have heard a few horror stories about the experience of buying overseas property, but don't be scared. If you follow these tips, the process can be a positive experience.

Give yourself time for buying property. Overseas property purchases take time. Whenever possible, give yourself up to a year to get everything in line between beginning your search and making your move.

Get yourself an agent. The agent representing the sellers is under little obligation to look out for your interests. They know many tricks for making property look its best (sometimes better than it really is). Getting an agent on your side can help you spot tricks when inspecting your potential property.

Get everything in line before committing to a purchase. If you are planning to live on your Florida property, make sure you qualify for residency or citizenship. If you are planning on working in the US, make sure you will be eligible for employment. If you are thinking about renting the property, make sure it will be allowed. It is also important that you know the strict timetable of events involved in US real estate transactions so you do not risk losing your deposit.

Visit Florida year-round before buying a property. Florida has relatively mild winters and very warm summers, but it's often best to experience them for yourself to know how you feel about them. If you already live in the US, this will be easier, but even if not, it's worth an off-season visit before committing yourself.

Budget for additional expenses. The cost of the home is not the only cost you can expect following a purchase. In addition to about 5% of the total cost necessary for "closing costs," make sure you have a reserve fund in case problems arise with the new property.

Consider all financing options. If you currently own property in the UK or elsewhere, you may be best off if you remortgage your UK property and buy the Florida property with ready cash. You can also obtain a mortgage from a UK lender on your Florida property. A mortgage in Florida may be a good option, but be prepared for a higher down payment. Also, don't forget to shop around for the best exchange rates.

If you follow these tips, you will most likely have a very positive experience purchasing a home in Florida. But if you do find that you have been the victim of fraud after you have already put down a deposit, you may be able to recover that deposit. The Florida Property Rights Law Firm, P.A. has represented many British citizens and expatriates who have sought to recover their deposits from a real estate transaction. Contact us today to learn how we can help you.

What a Deposit Recovery Attorney Can Do for You

2009-07-13T10:03:00.000-07:00

If you have put a deposit down on a house or condominium, but soon after discovered that the property was not what you believed it was, you may want to cancel the transaction and recover your money. If so, you should consult a deposit recovery attorney right away. A deposit recovery attorney can dramatically increase the chances that you will recover your deposit.

We know deposit recovery law. The first thing a deposit recovery attorney can do for you is know the law. There are many aspects of property transactions that are detailed and you must follow a specific procedure to preserve your rights--including the deposit recovery process. When you consult us, we can tell you what you must do to avoid involuntarily surrendering your rights, such as failing to act quickly before the statute of limitations expires. We know your rights under Florida law and under US government law, including how this law protects both domestic and overseas buyers.

We know purchase contract requirements. When you signed a purchase contract, you probably read it and thought it was fine. However, there are many ways in which a purchase contract may be defective, and most of them increase your chances of recovering your deposit. We can read over your contract to determine whether it is defective and how that can help your case. We can tell if the developer or seller failed to meet the requirements of the Interstate Land Sale Full Disclosure Act (ILSFDA or ILSA).

We know the court process. Writing and filing legal documents is a challenge, especially for the uninitiated. We will save you time, stress, and the potential of losing your deposit as a result of poorly filed, late, or inaccurate documents. You won't have to go to court any more than is absolutely necessary, and never simply for the purpose of dropping off documents.

We do this at no risk to you. Other than a $500 up-front payment for expected costs, not necessary in all cases, you will pay nothing. You pay no fees unless we win, and if we win, you still owe no fees--they are paid by the developer or seller who refused to return your deposit.

In short, a deposit recovery attorney can increase the chances you will recover your deposit and decrease the work necessary to pursue your deposit, with no risk. And since initial consultations are free, please contact the Florida Property Rights Law Firm, PA to protect your rights.

British Taking Advantage of Low Property Prices in Florida

2009-07-09T09:50:00.000-07:00

With the dollar weak against the pound, and prices dramatically low, property in Florida is looking especially attractive to British buyers. The United States has become the third most popular country for British citizens buying property abroad, after France and Spain. And about half of all property sought by British citizens is in Florida. Especially desirable for British buyers were houses and condominiums for rent, which carried a high potential investment value, with some projections carrying a 7.5% yield.

The buying frenzy peaked early last year when the British pound was especially strong against the dollar, but a combination of deepening recession worldwide, including the United States, and the weakening of the pound against the dollar slowed the mini-boom. In fact, a slow recovery, construction problems, and the discovery of potential fraud on the part of the developer or seller have caused many Britons to rethink their purchase.

If you feel your property that seemed like a good investment no longer has the shine it once did, you may feel trapped, and may even consider surrendering your deposit to avoid throwing good money after bad, but before you make this decision, you should consult with a deposit recovery attorney.

If your purchase contract was defective, if the representation of the property was fraudulent or incomplete, or if the developer or seller failed to deliver on promises made, you may be able to recover your deposit. In the United States the Interstate Land Sales Full Disclosure Act (ILSFDA or ILSA) allows buyers to recover deposits on purchases in these cases. In many cases, the law allows recovery of deposits up to two years after the purchase contract was signed, and is often broadly interpreted in favor of buyers.

If your investment in the Sunshine State no longer seems sun-kissed, don't just give up your seed money. Contact the deposit recovery attorneys at the Florida Property Rights Law Firm, P.A. today and learn whether you can get your deposit back.

Lake Austin Properties

2009-07-07T09:41:00.000-07:00

Lake Austin Properties is the developer behind the Lake Austin Reserve project, a huge luxury resort and condominium development composed of the Palisades Resort, the Grande Palisades, Magnolia Woods, and The Avalon Resort. Of these, the Grande Palisades, Magnolia Woods, and The Avalon Resort are all condominium developments that are being marketed by Lake Austin Properties to buyers in the United States and overseas, directly and through intermediaries like Instant Access Properties. Lake Austin Properties may also have misled buyers into signing new purchase agreements after it initially issued defective agreements. If you put a deposit on a condominium in these developments, you may be able to receive a refund of that deposit.

Many people signed purchase agreements for Lake Austin Reserve properties in 2005. These purchase agreements may have violated the provisions of the Florida Condominium Act and/or the Interstate Land Sales Full Disclosure Act (ILSFDA or ILSA). Many purchasers were then asked to sign new purchase agreements in 2007 to correct a number of deficiencies, including an inability to complete construction within the two-year time frame stipulated by the ILSA. The developer may have committed fraud in asking purchasers to sign new agreements in part by implying that purchasers were required to sign new agreements. As a result, purchasers may be able to receive a refund of their deposit if they act now. Dozens of lawsuits have been filed against Lake Austin Properties, but the statute of limitations on lawsuits is nearing its expiration. Act now to protect your rights.

If you have purchased a condominium at the Lake Austin Reserve or other development and you want to recover your deposit, the Florida Property Rights Law Firm wants to help. Contact us today with information about your purchase and the reason for your complaint and we will let you know if we think you have a case.

Florida Deposit Recovery

2008-06-13T10:45:00.000-07:00

Thank you for visiting the Deposit Recovery blog of the Florida Property Rights Law Firm. Check back frequently for posts and articles regarding deposit recovery news and deposit refund cases throughout Florida.