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In this episode of Jim Sells the Suncoast, Jim welcomes Crystal Golm—a seasoned Florida real estate and business attorney with 20 years of experience. From the nuances of quitclaim vs. warranty deeds to the importance of getting a survey, Crystal provides legal insights that can protect your investment and keep your transactions running smoothly.

Key Highlights

• Types of Deeds
  • Quitclaim vs. Warranty: Quitclaim deeds merely transfer whatever ownership interest the grantor has (if any), whereas warranty deeds guarantee the full transfer of property—offering stronger protection for buyers.
  • Specialty Deeds: Personal Representative’s deeds (for estates) and Trustee’s deeds (for trusts) allow authorized individuals to convey property on behalf of an estate or trust.
• Homestead Exemption & Portability
  • Multiple Benefits: Beyond reducing property taxes (with a 3% annual tax cap), Florida’s homestead laws also protect your primary residence from most creditor claims and preserve property for spouses/minor children.
  • Qualifying & Portability: You can only homestead one property in the world, and you must intend it as your primary residence. Selling and then buying another Florida property may let you “port” some of your existing homestead savings.
• Co-Ownership & Partition
  • Joint Tenancy vs. Tenants in Common: Understand who “inherits” if one owner passes away, or how to handle disagreements between co-owners.
  • Partition Lawsuits: When co-owners can’t agree on selling or splitting proceeds, a costly partition action may force a sale of the property.
• Surveys & Title Work
  • Why Surveys Matter: A simple boundary error or encroachment can spiral into expensive legal disputes; always verify lot lines and structures before closing.
  • Title Agents vs. Real Estate Attorneys: While both can issue title insurance, an attorney-led closing offers additional legal guidance—often at no extra cost.
• Contingencies & Disclosures
  • Contract Contingencies: Financing, inspections, HOA docs, and even certain “hidden” contingencies all protect buyers and sellers—if dates and extensions are managed correctly.
  • Seller’s Duty to Disclose: Florida law requires full disclosure of known defects that aren’t readily observable, or sellers risk liability for future damage (e.g., past pest infestations, structural issues, etc.).

What’s Next?

If you want to dive deeper into Florida real estate law—or have pressing questions about homestead, contingencies, or title work—reach out to Jim at jim.ahearn@gmail.com or visit Jim Sells the Suncoast for more expert insights. Whether you’re buying, selling, or investing, the right legal guidance can make all the difference on the Suncoast!

A Personal Note from Jim:

Hey there, I’m Jim Ahearn, your go-to real estate guide and host of Jim Sells The Suncoast podcast! 🎙️✨ Dreaming of Florida life? I’ve got you covered! As your dedicated buyer's agent, I’ll handle everything from walk-throughs to closing, making your home-buying journey as smooth as a Florida breeze.

Whether you're local or tuning in from afar, I’ll bring the Suncoast to you with virtual tours and expert advice. Let’s chat about your dream home and I'll connect you with all the right people to make it happen.

Ready to move to paradise? Drop me a line – I can’t wait to help! 🌴🏡