David W. Griffin, P.A.
Attorney and Counselor at Law
The Town Centre
565 S. Duncan Ave.
Clearwater, FL 33756
We handle all things Real Estate, including -
- All aspects of real estate transactions for seller or buyer
Review real estate listing agreements, review or prepare real estate contracts, provide closing and settlement services, research title and issue title insurance, prepare all closing documents, coordinate with all parties, realtors, lenders, home inspectors, surveyor, termite inspector, insurance providers, condominium and homeowner associations, and anyone else incident to the professional and efficient handling of each transaction.
- Refinancing of current property ownership
- Private mortgage loan transactions
- Residential and Commercial property transactions
- Exchanges including Tax Deferred 1031 Exchanges
- Leases for Residential and Commercial property
- Collection and enforcement of mortgage loans
- Collection and enforcement of lease agreements
- Mortgage foreclosures
- Tenant evictions
- Condominium or Homeowner Association enforcement of rules and collection of maintenance fees and assessments
- Enforcement and protection of property rights
- Litigation avoidance in resolving property disputes
- Alternative forms of property ownership
- Correction of title defects
- Property issues involving estate planning, “lady bird deeds”, death of a property owner and inheritance and succession of ownership
- Shared ownership agreements
- Easements and maintenance agreements
- Homestead law protections and benefits
- Real Estate Tax - Caps and Transferability
- And pretty much anything else involving real estate
The Purchase or Sale - the Sanctity of the Contract -
The contract is the most important part of the real estate transaction. People rely too heavily on what is said rather than what is put in writing. If it’s not in writing, it’s basically not enforceable - and if not enforceable, it’s unreliable. If you sign anything, whether or not you read or understand it, you have agreed to the contents and can be held or bound to its terms. These rules apply if you are dealing with the seller, the buyer, your realtor, the other realtor, your lender, your home inspector, or anyone about the real estate matter, and whether you are signing a listing agreement, a sales contract or addendum thereto, closing and loan documents.
Because of these rules, the documentation in real estate and loan transactions is extensive and too often simply accepted and signed upon the explanation of “being standard”. Very substantial dollar amounts are being received, paid or borrowed, often upon the explanation as “standard” by the realtor *, who only makes the commission if you sign the paperwork, or the lender *, who only gets paid if you close the deal and sign the loan papers. When spending, borrowing or receiving such large amounts of money, doesn’t it just make sense to get advice or explanation of what you are being asked to sign - before you sign it - from someone you are paying to look out only for your best interests - instead of someone * who gets paid only if you sign all the papers?
The same concepts apply when considering whether or not to refinance and selecting the best loan product for your individual needs. So called “Truth In Lending Disclosures” leave a lot to be desired - and understood. To make the right choice, you need to know what its really going to cost, how much your new payment will be with escrows for taxes and insurance and PMI, how long it will take to recover the cost of refinancing from the savings to a lower interest rate, and is there any prepayment penalty on the current mortgage or the new one. Is it safe or prudent to be dealing with such large dollar amounts just signing wherever the nice loan officer * asks you to sign so you (and he) can get your money?
* Clarification (Apology) to all my Realtor, Mortgage Broker / Lender, Home Inspector and other professional friends and referral sources: You know I’m not suggesting that any of you don’t fully protect your clients’ interests. On the contrary, any of you who refer your clients to an attorney do so specifically to make sure the client’s best interests are looked out for and protected. Protecting our clients makes us all look good and assures our mutual success, reputation and future.
You can't escape the responsibility
of tomorrow by evading it today.
- Abraham Lincoln
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