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Read my articles for great information on Buying a home in Jupiter Florida.

Does the Seller HAVE TO accept my full price cash offer?

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Times must be pretty darn crazy if we’re thinking about this question. Does the Seller have an obligation to accept my full price cash offer?

Two items come into play. What are the MLS rules and what does the listing agreement say.

This is the language from the standard FAR listing agreement…

Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to cancel an executed sales contract. (3) If, within ______ days after Termination Date (“Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker.

In my listings I typically strike the line “If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement”. Why? because in this way the Seller may take the ‘highest and best bid”. This may be a cash full price close in 14 days offer, or it could be one with a long close or a post occupancy or some other of the 100 variations. There’s a risk to me but I do not want my Seller to be obligated to pay a fee based upon just a few criteria. Ok, so what does the MLS have to say about this?

TYPICALLY the offer of compensation placed in the MLS is ‘unconditional’. This comes from NAR thru FAR policy and is reflected in the rules of the local Realtors Association Broward, Palm Beach and St. Lucie. Unconditional means that the listing agent can NOT require say that the cooperating be there at first showing or all appointments or anything else BUT

These are the local MLS rules…

Section 4.12

Citizens 2021 Rates

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Boy, what rabbit hole this one is.

I looked at the FAR web site and could not find the article I mentioned but I did find this one…

https://www.floridarealtors.org/news-media/news-articles/2021/07/citizens-oks-higher-rate-increases-due-new-law

So I went to my FB page as I posted it there and FAR has removed the article that talked about that the burocrats had asked for a 3.7% rate increase but that the Board basically directed them to figure out a way to get that rate up.

FAR removed that article.  CRAZY!

But I did find what I mentioned.

https://miami.cbslocal.com/2021/01/27/citizens-hikes-insurance-rates-florida/

“Citizens staff members initially proposed an average 3.7 percent increase in residential rates, but the board last month requested that staff work with regulators on potential ways to boost the rates.”

“That led to changes in the proposal to bump up the proposed average increase to 7.2 percent. As an example, the revised proposal would lead to Citizens setting aside additional premium dollars to avoid the possibility of what are known as

Who pays expenses for a homesteaded property that has a life estate tenancy for a surviving spouse?

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This actually happened to my grandmother. She and husband #1 owned a place. He died. she re-married when it was her homesteaded property. She did NOT change her will. She died and her spouse had a life estate in the property.

I’m no lawyer but what we learned is Florida law provides protection for a surviving spouse.

What happens if a property survey shows an issue under the Florida Far Bar As-Is V 6 (2021)

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This comes up quite often in Florida, the Buyer orders a land survey and it shows an ‘encroachment’. Now, if there is a loan in use then the lender typically will NOT accept a lenders title policy with an exception for encroachments and thus the title agent needs a survey so that they can certify that there are none, or, the Buyer ‘just wants one.’ The title agent orders it but often it is done very late in the process, like right before Closing. So, it arrives and it shows say that the fence in on the subject property here but on the neighbors property there, or the fence is on a utility easement, or a shed is in the utility easement. What happens?

These are the sections of the Contract to look at…

Note, as an aside, the requirement for the Seller to provide a survey within 5…

First, the property line example. Was the fence installed by the Seller or their predecessor in the chain of title? Basically, is it the neighbor’s fence? If it’s the neighbor’s fence and the Buyer or Title Agent want it moved then call a lawyer. If it ‘goes with’ the subject property then it is the responsibility of the Seller to move it. If (IF) it is a cash sale, so an exception to the title policy, or the Title Agent can and will call it a minor encroachment and certify it for the Lenders Title Policy then it may stay where it is as long as the Buyer and Seller agree.

If it is built in an easement then the question is: Does the easement language allow it to be there? Was it permitted and if so did the plan submitted with that permit show it in the easement? If so, this would be an indication that it is OK to stay. If not then it’s the same answer as above.

Flood Insurance and the Far BAR As-IS contract V 6 – 2021

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I did a post on this a while back and with Risk Rating 2.0 being implemented and the changes made to the FAR BAR AS-IS in 2021 I thought I would revisit it.

First, this is one of the updated sections which covers this and probably the often concerned…

The struck language is (was) just a notice.

First question: Is the Property located in a Special Flood Hazard Area (SFHA) or…? If it is NOT in an SFHA then this paragraph is not applicable. This is a problem as one could be in an area where only Citizens will write a wind policy but it’s not in a SFHA. Doesn’t sound to bad. But with Risk rating 2.0 this could still be several thousand in flood premiums.

If it is in an SFHA (such as Zone AE or V) then the next questions is: “the lowest floor elevation for the building(s) and/or flood insurance rating purposes is below minimum flood elevation OR (caps added) is ineligible for flood insurance coverage through the National Flood Insurance Program OR (caps added) private flood insurance as defined in 42 U.S.C. 4012, Buyer may terminate this Contract…within 20 (assuming this line is left blank) days from the effective date”.

Honestly, this needs to be reworded. First of all, the Elevation Certificate (EC) is typically ordered with the survey and this is typically not ordered until a week or so before Closing. I doubt this EC happens within the 20 days after the Effective Date window. IF YOU HAVE CONCERNS ABOUT FLOODING, FLOOD INSURANCE, OR THE , THEN GET THIS DONE ASAP. The first part ‘and the lowest floor elevation for the building(s) and/or flood insurance rating purposes is below minimum flood elevation…’ I’m no lawyer but I would question if this “minimum flood elevation” is to be interpreted that if the lowest floor elevation is below the Base Flood Elevation (BFE) set for the SFHA that the Buyer may withdraw? Or, is it that the minimum flood elevation is the lass than the Base Flood Elevation plus 1′ that the Buyer may withdraw. Base Flood Elevation plus 1′ are what new, or substantially renovated, properties must be built to.

The second part looks to be straight forward. Is the Property in-eligible for flood insurance coverage? This question as it turns out is NO LONGER so clear in the new NFIP Flood Insurance Manual . The FAQ document for this states…

“When Risk Rating 2.0: Equity in Action is implemented, will repetitive loss properties continue to be covered with an NFIP policy?
Under Risk Rating 2.0: Equity in Action, Repetitive Loss and Severe Repetitive Loss properties will continue to be eligible for coverage provided by the National Flood Insurance Program. See Flood Insurance Manual Section 3. II. C. 8. b.” So even Repetitive Loos properties CAN get a flood policy.

What I would recommend doing is IF a home is located in an area where flood insurance is required by the Lender (SFHA) or if it is an area that is only covered by Citizens for wind (as Citizens now requires flood insurance) then I would use the Homeowners/Flood Insurance addendum to the Far/Bar contract which add this:

So you can get a policy but it sets a $$ threshold.

Note that the areas which are located inside a Coastal

Jupiter and Palm Beach Gardens House sales for February 2022

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Some interesting numbers this month which show what I already know. THERE’S NO INVENTORY. Look at the number of Closed Sales and the dollar volume and note the dramatic difference between this time last year compare to now. Both are down dramatically and this reflects the simple lack of inventory.

Jupiter and Palm Beach Gardens Fl Housing sales numbers

RSS Florida Association Realtors

  • April New Home Sales Surge May 23, 2025
    New single-family home sales in the U.S. rose 10.9% in April as builders offered incentives to attract buyers despite economic headwinds.
  • RE Q&A: How Can We Stop the Barking Dogs? May 23, 2025
    Constant dog barking may be a legal nuisance. Try talking to your neighbor, then the HOA or city. Document incidents if legal action is needed.
  • Above-Average Hurricane Season Ahead: NOAA May 23, 2025
    NOAA predicts 13 to 19 named storms in the 2025 hurricane season due to warm ocean waters. Hurricane season begins June 1.

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