How Can I Resolve a Noise Dispute with a Neighbor?

by Isaac Benmergui, Esq on July 22, 2016

 How Can I Resolve a Noise Dispute with a Neighbor?
How you resolve disputes with your neighbors over noise will depend on what kind of residence you live in and where you live.

For apartment and condo residents, you can look at your lease agreement or COA papers to find how noise disputes are handled in your community. Report noise complaints to your landlord or condo board and document how you have tried to solve the problem. You can do the same thing if you live in a community with an HOA. The HOA can help you resolve disputes of this nature with neighbors.

First try resolving the problem with your neighbor directly. Make sure they are aware that the noise if a problem and give them the opportunity to respond. If the problem persists, or you don’t live in an area with an HOA, you can call the police. However, they may not respond if there are more pressing issues at that time or until there have been repeated calls. Some areas may also allow you to fill out a noise complaint online.

If none of these solutions help, you may want to file a lawsuit. However, you’ll need lots of documentation to show that the noise is a regular problem and that you have taken many different steps to try and solve it. The more evidence you have, the better your case.

If you’re unsure about the local laws in your area concerning noise violations and how to respond to them, you can contact a local real estate attorney to find out more.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate, Civil Litigation, and Personal Injury cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

 

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 Five Things You Need to Know Before Hiring a Real Estate AttorneyA real estate attorney is a great asset for any homebuyer or seller. But before you hire one, you need to know what they can—and can’t—do for you.

  1. Get them involved early. A real estate attorney can’t time-travel. So don’t wait to find one until after you’ve signed a contract, a judgment has already been entered against you, or bought a home. If you are less than certain what you are about to get yourself into, call a real estate attorney and have them look at it. It could save you thousands of dollars and lots of time and effort down the road.
  2. Attorneys can help with complicated sales. Sellers don’t generally need help with a sale since they have less liability once the sale goes through. But if you are trying to sell a piece of an existing property, or make another out-of-the-ordinary deal, a real estate attorney can make sure everything goes through smoothly.
  3. Attorneys can provide legal advice in tricky situations. Your real estate agent can get you comps, facilitate closing and market your home, but when legal contingencies come up, they can’t give you legal advice. Only an attorney can do that.
  4. Attorneys do a lot of legwork that saves you money in the future. You may wonder what you spent your money on if your sale goes through smoothly, but real estate attorneys are responsible for the many hours of research and legwork that goes into a title search or other behind-the scenes work that most people don’t appreciate unless something goes wrong.
  5. Not just any attorney will do. You can’t count on the same professional you use for other things, like estate planning or taxes, to handle your home sale—no matter how much you trust them. Real estate law is complex and the laws vary from state to state, so find someone in your state who has been practicing a long time before you put your financial future in their hands.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate, Civil Litigation, and Personal Injury cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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Percent of Million-Dollar Homes Almost Doubles in Miami

by Isaac Benmergui, Esq on July 20, 2016

Percent of Million-Dollar Homes Almost Doubles in MiamiAs the real estate market in South Florida has rebounded, so have the number of million-dollar homes. Since 2012, the number of homes valued at $1 million or more has doubled in Broward and Miami-Dade counties.

To be considered a million-dollar home, a property just has to be valued at that price, not listed or sold. Nationwide, just 3 percent of homes fall into this category. In Miami, 6.3 percent of all homes are $1 million and up. Palm Beach County was even with the national average and Broward sits just below.

In some areas, the percentage was much higher. La Gorce and Navarrea Isle both had 90 percent of homes in the million-dollar category. Lauderdale Harbors, Palm Beach Isles and Biscayne Island all came in around 50 percent.

Prior to the housing boom, million-dollar homes were largely reserved for oceanfront mansions. But now it’s not uncommon to find them in subdivisions and other suburban developments. Developers credit the rise in million-dollar properties to buyer demand for more space, amenities and sense of community among young families.

The million-dollar label is now especially important in Miami-Dade county, where a geographic targeting order handed down by the Department of the Treasury requires title companies involved in all-cash purchases of properties with a sales price of 1 million or higher to disclose the buyer’s identity, even if the buyer is a LLC or company board. The order took effect in March 2016 and lasts through August 27, 2016, although many top officials expect it to be extended. It’s also speculated that the order will be expanded to surrounding South Florida counties.

California cities occupied the top five spots on the list. Miami-Dade County ranked seventeenth.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate, Civil Litigation, and Personal Injury cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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Millennials are Flocking to Miami, but not to Buy Real Estate

by Isaac Benmergui, Esq on July 19, 2016

Millennials-are-Flocking to Miami but not to Buy Real EstateMiami’s population has doubled since 2000, largely thanks to millennials who were seeking affordable high-end housing, walkability, culture, and jobs. Miami was able to deliver, and now nearly half of downtown Miami residents are between ages 25 and 44.

New York, New Jersey, California and Nevada are all feeding Miami’s population growth. Individuals who once considered the Gulf Coast too dangerous due to threat of hurricane changed their minds after Hurricane Sandy. Others are seeking the same fast-paced urban lifestyle you find in New York or L.A. for a fraction of the cost. Even with record-high rent, Miami is still much less expensive than either city.

But despite having a lower cost of living than some of the nation’s largest cities, Miami was recently named by Trulia as the third-worst city for recent college grads trying to rent. The basis for the analysis was how many homes on the market were out of reach for the average income earner in each city if they spent no more than 30 percent of their income on rent. In Miami, that’s 92 percent of all homes.

So where are all these millenials moving to in Miami? In with mom and dad. A study showed 41 percent of individuals between the ages of 18 and 35 in the Miami-Fort Lauderdale-Palm Beach area live with at least one parent. That’s up from 28 percent in 2000, and the highest of any metro area in the country.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate, Civil Litigation, and Personal Injury cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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What is a Pocket Listing?

by Isaac Benmergui, Esq on July 18, 2016

pocket listing“Pocket listing” is a term for any listing that does not appear on the MLS. There are several reasons a homeowner may choose to keep their home off the MLS. They may already have a buyer lined up, they only want confirmed, serious buyers, or the homeowner may wish to keep the sale from being made public until after the fact.

Other pocket listers are just putting their home on the market out of curiosity. If the market is really hot, they are hoping someone will see the listing and make them an amazing offer. These sellers aren’t motivated sellers. That is, they don’t have to move, but they will for the right price.

Using a pocket listing may be a marketing choice for the homeowner, but it should always be the homeowner’s choice. Using a pocket listing severely limits the exposure your home will get and therefore the number of offers and the sales price. Pocket listings also sometimes mean that the agent acts as both a buyer and seller’s agent, collecting twice the commission.

Some real estate experts argue that pocket listings hurt local comps by skewing the numbers, since the property was not given the opportunity to see what price the market would bear. The only time pocket listings really become an issue to the general public is when inventory is low.

Currently in South Florida, inventory for homes under $500,000 is extremely tight. Although pocket listings are generally reserved for super-luxe properties where the seller only wants to show to serious buyers and not just curious onlookers, in areas where inventory is tight, some pocket listings have been seen at the $500,000 price point.

If a pocket listing is overpriced or doesn’t sell quickly, the price is usually adjusted and the property hits the MLS.

In some areas like New York, pocket listings are a violation of local real estate rules that require brokers to share all listings.

Call Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case. We have over a decade of experience handling Real Estate, Civil Litigation, and Personal Injury cases throughout Miami and South Florida, and will use our expertise to help your case to the best of our abilities.

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