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All Forum Posts by: David Jesse

David Jesse has started 15 posts and replied 21 times.

Post: Would I have a lawsuit case?

David JessePosted
  • Jax, FL
  • Posts 21
  • Votes 2
Originally posted by @Craig Sloan:

@David Jesse are you thinking small claims you would pursue yourself or are you speaking of hiring an attorney?  The size of the judgment you are seeking may help decide that issue.  I would seek legal counsel and find out what your options are.

 I am thinking of small claims court that I would peruse myself, I'm really not looking to hurt the last owner's finances. I just feel like this is unfair and I want them to cover some of the cost.

Post: Would I have a lawsuit case?

David JessePosted
  • Jax, FL
  • Posts 21
  • Votes 2

Hello Everyone

About 4 months ago I purchased a home which had a separate cabinet placed near the main kitchen cabinets. I moved the separate cabinet away to get rid of it, and I noticed that there is some water damage on the actual installed kitchen cabinets. It looks like they placed it there to cover the damage. At this point I would have to redo the whole kitchen cabinets as it can't be fixed. Do I have a valid case worth pursuing for a lawsuit to get some of the cost of redoing the kitchen?

I purchased my first house which I live in myself a few months a go, there is a elementary school and a secondary road in the back. I have attached photos. I have planted some fast growing trees (Green Giant) that will block out the view and reduce a little bit of noise. The speed limit on the street is 30 MPH, which cars sometimes go 35 to 40 MPH

Although at night there is almost no traffic, during the day especially during rush hour I could hear some cars go by. Especially ones with modified exhausts or motorcycles.

Other than that, it is close to shopping highway, arteries and it's decent location.

I plan on renting the property after about a year or so. Would I have any issues finding a good tenant from the noise caused by the street?

Post: Moving into a home after jan 1

David JessePosted
  • Jax, FL
  • Posts 21
  • Votes 2

I purchased a home in Florida which would be my primary house. My closing is a few days after Jan first. The home is already homesteaded by the last owners. From what I understand I can't homestead the property until 2021?  But I would still pay homestead property tax since the last owners had it homesteaded? Is my understanding correct? or would I pay a non-homesteaded property tax rate in 2020?

Post: Buy house with termites?

David JessePosted
  • Jax, FL
  • Posts 21
  • Votes 2

I have put an offer on a house which has termites in a specific location. The house is concrete block. I am considering to still buy the home if the sellers to pay for the repairs. 

I understand later on when selling the property I would have to indicate on the seller's disclosure that the house has had termites at some point. How bad is this?

I'd like to hear some recommendations on weather I should move forward or not. How likely is it for the termites to come back?

Post: Cancelling an offer that got accepted

David JessePosted
  • Jax, FL
  • Posts 21
  • Votes 2

My offer got accepted on a duplex that has two tenants in it. But now after receiving the lease agreements, I see that the monthly price is different from what I was told initially. 

I still have not made any deposits and the contract I signed says the following

"If Buyer determines, in Buyer's sole discretion, that

the lease(s) or terms of occupancy are not acceptable to Buyer, Buyer may terminate this Contract by delivery

of written notice of such election to Seller within 5 days after receipt of the above items from Seller, and Buyer

shall be refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract."

So if I write to her in an email that I want to cancel. Would that be enough to get out of the contract?

Today my offer for accepted for a duplex in Sarasota Florida. The duplex has two tenants right now.

I want to move into one of the units. The tenants have been there for more than 10 years. Is there any law that would prevent me from not renewing their lease? The property is in Sarasota, Florida

Originally posted by @Guy Gimenez:

I'm sorry but I don't provide legal language because there is so much more that should be included here than the language you or they provided. Some of this may be elsewhere in the contract but you want to be sure. What about amendments, exhibits, addenda, etc. to the leases? What about the lease applications? What about an estoppel? Do yourself a favor and don't step over a dollar to save a dime. Hire an attorney to review your contract and make the necessary additions / deletions. 

All the best.  

 So I should not put an offer before having the lease agreements? The agent is telling me to put an offer and then I will receive the lease agreements.

Originally posted by @Guy Gimenez:

That language in itself is not sufficient. As it's written, as long as you're provided the documents as required you are not allowed to terminate because the language isn't contingency language. 

 Thank you, can you please tell me how it should be written?

Originally posted by @Kenneth Garrett:

@David Jesse

You can use your due diligence period to review the leases and any other documents.  I use the attorney approval and inspection contingency periods to evaluate the documents.  If I run short of time request additional time.  Should not be a problem.  I also submit a freedom of information request to the city.  You can request the history of permits, water billing, outstanding water bills, code violations, fines and or liens owed, zoning information and plat of survey of the property and it’s all free up to 50 pages In my area.  I have them email me the results.

Good Luck.

Would the agent need to put a due diligence period contingency on the offer document?