Real Estate

REAL ESTATE

Quick Links for Real Estate Services
Buyer and Seller Representation
Landlord Tenant
Contract / Lease Drafting and Review
Mortgage / Note Drafting and Review
Notary Services (non-legal service)





Buyer / Seller Representation

Parties to a transaction often are faced with volumous documents. Whether it's in business, a real estate transaction, or entering into a contract for consumer or household goods, terms in a contract have potential to vastly change the parties' understanding of the deal.

These terms often favor one party over another. They may contain complicated legal terms that waive a party's rights. Are you sure you're adequately protected? Do you have a knowledgable person negotiating on your behalf? Having a person that knows which contract terms should be included in you deal and whether other terms should be changed is essential. All too often, people go to an attorney with an already signed contract with unfavorable terms. It's often expensive and difficult interpreting terms in your favor when it could have been clarified in drafting the document.

In addition to being a lawyer, Attorney Brytus is also a REALTOR® associated with Premium Properties Real Estate Services. If you haven't yet found property to begin negotiations on, Attorney Brytus can help you find a property (or a buyer for your property), then negotiate for its purchase or sale.

If you're looking to buy or sell property, please let Paul know.

Check out Paul's Agent Website to see if you see anything that interests you.

Paul Brytus is a Realtor and Real Estate Agent in Brevard County Florida. He is a member of the Space Coast Association of Realtors, Florida Association of Realtors, and the National Association of Realtors.

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Landlord Tenant

Landlord Tenant law in Florida is governed by Florida Statutes Chapter 83. That is further broken down into Non-Residential Tenancies, Residential Tenancies, and Self-Service Storage Space. For the purposes of this section, we'll focus on Residential Tenancies.

If you have a lease, you have a tenancy. A tenancy is simply an interest in land. A tenant's lease gives them a possessory interest in the property owned by the landlord. This means that tenants have certain rights, such as a right of quiet enjoyment. Landlords must give reasonable notice before entering a tenant's dwelling.

In addition to a tenant's rights, they also have obligations; namely the payment of rent and abiding by the terms of the lease. If a tenant fails to pay rent, the landlord must give 3 days written notice before an eviction complaint can be filed. This 3 day notice gives the tenant the option to pay rent or vacate (note that an eviction complaint is only an action for possession). Even if the tenant vacates, the landlord can pursue a count for damages (e.g. past due rent), however, there is no need for an eviction complaint because the landlord would have possession restored. If the landlord accepts any rent after the 3 day notice is given, they must give a new 3 day notice with the revised amount and must wait the additional 3 days to pursue an eviction action. Similarly, if a tenant breaches a covenant in the lease, the landlord must give either a 7 day notice to cure (if the breach can be cured, such as with an unauthorized tenant) or a 7 day notice to vacate (if the breach cannot be cured, such as criminal activities)

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Contract / Lease Drafting and Review

Landlords and Tenants, both commercial and residential, rely on leases to define the relationships between them. The terms of these leases often dictate who will undertake expensive repairs and what situations consitute a breach such that a Tenant can be evicted.

Leases don't always involve buildings. Many people lease their land to harvest natural resources. Sand mines and pits, natural gas wells, and oil wells are popular examples of this type of lease. In exchange for the damage and dimunition in value of the landowner's property, the person mining or extracting the resources pays for the right to extract the resources and subsequently sell them. What times will machinery be allowed on the property? What happens if the price of the material increases or decreases? Who is responsible if the contractor creates an environmental hazard? These are all important topics that should be covered in the lease.

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Mortgage / Note Drafting and Review

When people think of mortgages, many think of the money that they are paying to buy their house. This is incorrect. The money that you repay on your house is paying back the note (i.e. the loan) that the lender gave you to buy the house. At the same time as the lender gave you the note, YOU gave the lender a mortgage on your property. So what exactly is a note and a mortgage?

The Note is the loan that provides money to purchase property (or really anything). The Mortgage is a security interest in the property. The mortgage is what allows the bank to foreclose on the house for someone's failure to repay the loan. Without you giving a mortgage to the bank, they would not be able to foreclose on your house.

You may be wondering why you would need to have a mortgage drafted? Doesn't the bank give you these documents?

Imagine a scenario where you are selling property that you own. Maybe the buyer needs a little time to build his credit to obtain traditional financing. You could provide Seller Financing by giving that person a note and they would give you a mortgage on their new (your old) property. This protects you until they are able to pay you back from traditional financing.

While this seems simple enough, seller financing for residential property is governed by the Dodd-Frank Act, which carries harsh penalties for violations. Depending on how many seller financing transactions you do per year (as well as what type of entity you are), restrictions may include a maximum interest rate, restrictions on balloon payments, and a requirement to investigate the ability of the borrower to repay. Regardless of what type of entity you are, if you do more than 3 of these transactions, you must be licensed as a mortgage originator and abide by additional statutes such as RESPA and TILA.

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Notary Services

There are many documents that need to be notarized in the course of a real estate transaction. In addition to the deed needing to be notarized and witnessed, loan documents also require notarization. We work in conjunction with Alina's Space Coast Notary, LLC , ("Alina's Notary") which provides notary services. Alina's Notary provides Notaries Public that are certified by the National Notary Association as Notary Signing Agents, which means that they've received training in different types of loan documents as well having passed a background check.

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Non-Legal Services Disclaimer

An attorney-client relationship is a special type of relationship formed between an attorney and a client seeking legal advice. It is given certain protections, including attorney-client privilege. The relationship that you form with any entity providing non-legal services, including Paul Brytus, Esq. acting in the capacity of a real estate agent or notary public (collectively, "Non-Legal Service Providers") is not an attorney-client relationship. As such, communications with any of the Non-Legal Service Providers are not protected by attorney-client privilege.

Additionally, the engagement of legal services requires that attorneys act with the standard of care that a reasonable attorney would exercise in similar circumstances. This may include research into a particular circumstance as well as providing legal advice. Real estate agents and notaries public cannot provide legal advice. If legal advice is sought, you must obtain the services of an attorney of your choice, which may or may not be the Law Offices of Paul Brytus, PA. None of the Non-Legal Service Providers provide legal advice or legal services.

Unless and until a written agreement is reached with the Law Offices of Paul Brytus, PA, no attorney-client relationship exists. The standard of care exercised will be that of the retained service, such as a real estate agent or a notary, and not of an attorney.

Paul Brytus, Esq. has a pecuniary interest in the above listed Non-Legal Service Providers.

REALTORĀ® is a federally registered collective membership mark which identifies a real estate professional who is member of the NATIONAL ASSOCIATION OF REALTORSĀ® and subscribes to its strict Code of Ethics.

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