JOHN’S STORY (Part 1 of 2)
Excerpt from 21st Century Real Estate Investing Featuring 1031 + TIC
By Jeff Riddell Read More

Antiquing in Arcadia
By Tracy Eisnaugle Read More

Romantic Dinner for Two
By Chef John Zakarian Read More

Marketing to International Buyers

By Mike Mattina Read More

The Lodge

REAL Magazine December 2008. 

Featuring The Lodge in Osprey Woods, Jim Soda, Lee Wetherington, Chad Spencer and Prudential Palms Realty’s International Division. Read More

Robb & Stucky Interiors : Sarasota’s Lifestyle Defined

by Lalaena Gonzalez-Figueroa

lifestyle photography by Chad Spencer

Founded in 1915 in Fort Myers, Florida as a one-store general merchandise emporium, Robb & Stucky set the standard early on for tasteful design created to enhance its clients’ lifestyles.  Today, the company is one of the nation’s most influential interior design and home furnishings showrooms.  Its unique approach focuses on creating “lifestyle” displays, offering customers the opportunity to truly implement their home-decorating visions into interior realities.  Read More

Tracy Eisnaugle

Design Consultant, Copywriting, Individual Listing Scripts

by Lalaena Gonzalez-Figueroa

photography by Chad Spencer

Working in unison with an agent’s team and facilitating open communication with all parties ensures a professional yet personal real estate experience with a designer’s touch. Read More

Florida Builder Appliances

by Tracy L. Eisnaugle

photography by Chad Spencer

A Florida establishment since 1975, Florida Builder Appliances is a fantasy turned reality for culinary enthusiasts of the Suncoast. On October 4th, 2008 Florida Builder Appliances celebrated its Sarasota Grand Opening Event. The recently relocated, fully renovated showroom is located just a few doors north in their original Tamiami Trail plaza location. Read More

REALTORS^® for Kids

Partner with United Way

by Katie Knight

Together, we shape their learning! Read More

Financial Crisis Opens Doors of Opportunity in Local Market

by Ray Porter featuring Helen Sosso Read More

Tenderloin Tips with Shitaki Porcini Peppercorn Demiglaze

By Chef John Zakarian Read More

“As Is” With Right to Inspect – Or Is It Really?

by Steven Greenberg

Many REALTORS^® are familiar with the phrase “as is,” but may be confused with the contractual provisions in the FAR-9 Contract regarding “as is” sales. Should a Buyer want a true “as is” with right to inspect and the right to cancel the Contract should the inspection reveal issues with the property that the Buyer cannot live with, the FAR-9 Comprehensive Addendum H may not protect the Buyer.

In its strictest sense, “as is” means that the Seller has no obligation to make repairs to the property. It does not, however, in any way limit the Seller’s obligation to disclose matters known to the Seller (or the Seller’s agent) which materially effect the value of the property and are not readily observable to the Buyer. It also does not negate the Seller’s obligation to maintain the property in the same condition from the Effective Date to the Closing Date.

Often times, the Seller has very limited knowledge as to the condition of the property and accordingly, wants to sell the property in its “as is” condition. In an effort to limit the Seller’s exposure regarding the condition of the property, provisions are included in the Contract by attaching the Comprehensive Addendum H to the Contract resulting in an “as is” Contract.

When property is being sold “as is,” the Seller is trying to eliminate any warranties as to the condition of the property. If after closing the Buyer sues the Seller for an undisclosed property defect, properly drafted “as is” language should eliminate a claim for breach of warranty. However, it will not be effective in a claim for fraud based on misrepresentation since the Seller and his agent have an obligation to disclose matters known to them which materially affect the value of the property and are not readily observable to the Buyer, even in an “as is” sale.

It is important for REALTORS^® to understand the provisions of the FAR-9 Contract as set forth in the Comprehensive Addendum H to the Contract. When Comprehensive Addendum H is used, the Repair Limits in paragraph 5(a) of the Contract became 0% and the Seller has no obligation to make repairs to the property. However, if the cost of  repairs exceeds the Repair Limit set forth in Comprehensive Addendum H, the Buyer has the right to terminate the Contract and receive a full refund of all Deposits paid by the Buyer. Realtors should be aware that this is not a true “as is” sale since there must actually be defects in the property exceeding the Repair Limit set forth in Comprehensive Addendum H to the Contract and the estimated cost of repairs must exceed the stated Repair Limit. Many Buyers (and REALTORS^®) are under the impression that in an “as is” sale, the Buyer has the right to terminate the Contract if any condition of the Property is unacceptable to the Buyer, i.e. the roof is not leaking, but is old and will need to be replaced in the very near future. Since the roof is not presently defective, the Buyer cannot terminate the Contract. Furthermore, the Buyer may end up in a battle with the Seller as to whether a particular condition of the property is really defective. In order to terminate the Contract under Comprehensive Addendum H, the Buyer is required to deliver to the Seller a copy of the home inspection report noting the property defect(s) that result in the defect(s) exceeding the Repair Limit. Of course, this opens the door to possible challenges by the Seller both as to whether the condition is really a defect under the Contract and whether the estimated cost of repairs in fact does exceed the Repair Limit. The Seller could hire their own contractors to refute both the existence of the defect(s) and the estimated cost of repairs.

REALTORS^® should be careful when explaining the “as is” provisions of Comprehensive Addendum H to their clients. There can be a very unhappy outcome when the Buyer learns that he/she may not be able to terminate the Contract although the Buyer is dissatisfied with a condition of the property that may result in a large expenditure in the near future. If the Buyer intends there to be a true “as is” Contract, be aware of the pitfalls of the FAR-9 Comprehensive Addendum H. It would be prudent of any Realtor to request the assistance of a Board Certified real estate attorney in the preparation of a true “as is” Contract.

Steven R. Greenberg has practiced Real Estate law in Sarasota since 1986 and is a shareholder in the law firm of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. He is board certified by the Florida Bar in real property law and frequently lectures on matters involving real estate transactions. Steven may be reached at (941) 365-6216 or by calling Linda Witt, Director of Marketing, directly at (941) 586-4412 or by email at REinfo@icardmerrill.com.

What’s New from the Building Conference?

by Tracy Eisnaugle

 Every year the Southeast Building Conference comes to Orlando and showcases some of the newest trends in the construction and design industries. Although this year’s show was a little smaller than in years past, the collection of new and exciting materials made the trip worthwhile.

Searching for inspiration and design innovation I made my way through the maze of enticing vendor displays. My first great discovery was a new paint company on the scene, Mythic®, their marketing is eye catching and their product is superb. Offering a completely non-toxic, VOC free paint, with premium durability, great coverage, and available in a wide array of attractive colors. Although there are no local dealerships currently in our area, you may purchase the “breath of fresh air” paint directly from their website.

Artfully fusing form and function, Bear Creek Glass came prepared to shine with its new line of spectacular glass vessel sinks. A vast selection of handmade basins, each one is a stunning signed and numbered piece of art. Available in a wide spectrum of colors and styles ranging from vivid fluid organic shapes to elegant tortoise shell traditional bowls, a definite conversation starter for any bath or wet bar area.

Most people do not spend a lot of time pondering their light switches but as a designer and faced with coordinating endless elements including; wall tile, paint colors, and wallpaper the basic white, bone and black switches can create quite the design dilemma. So I was delighted to stumble upon the Lutron® booth and discover the endless possibilities they have to offer. Their new VIERTI^TM single-touch dimmer switch features a sleek design that is available in three LED color options and is easy to coordinate with, available in ten matte finishes and eleven brilliant metal finishes. To complete any home Lutron® manufactures components, accessories and wall plates in twenty eight color options spanning from turquoise to mocha stone. Finding the perfect shade is no longer a problem with Lutron®.

Last but not least, this year’s show stopper was the Jenn-Air® Oiled Bronze appliance suite. Working in the specification field for many years I understand the internal debate one has between stainless steel, cabinet panel front and solid color appliances, well deliberate no longer. The new Oiled Bronze finish is stunning with its warm bronze tone and copper highlights, this exciting new option will work with an array of cabinet finishes. The stainless steel accents and handles allows one to maintain their current stainless sink and faucet or if you prefer to make a complete kitchen transformation coordinating oil rubbed bronze faucets are readily available. It takes something exciting to send me into total design bliss but I must say this did the trick. As I returned home to my three year old appliances they seemed to have lost their luster and cooking just feels wearisome. The new Jenn-Air® Oiled Bronze suite might just re-illuminate my inner chef.

As my kitchen renovation begins I hope you enjoyed the highlights from the builders show. For any additional information on the products referenced above or for assistance with a design inquiry please feel free to send me an e-mail at tleisnaugle@msn.com.

Tracy L. Eisnaugle has practiced interior design in Sarasota since 1997 and is currently self employed providing design consultation services in the area. She is a graduate from Florida State University with a Bachelor of Science in Interior Design and continues her education by attending annual conferences. Her past experience includes, Design Center Manager for Lee Wetherington Homes, high-end residential design and model merchandising. Tracy may be reached at 941.232.3358 or by e-mail at tleisnaugle@msn.com.

Double Your Sales with Today’s FHA

By C. J. Coury Read More

Marketing in a Tough Economy

By Debbie Zaroba Read More