Saturday, April 7, 2018

A Little About Cape Coral Florida :)

Cape Coral is a city located in Lee County, Florida, United States, on the Gulf of Mexico. Founded in 1957 and developed as a master-planned, pre-planned community, the city grew to a population of 154,305 by the year 2010. The city's population estimate was 165,831 for 2013 and 181,211 for 2015. With an area of 120sqmi, Cape Coral is the largest city between Tampa and Miami. It is a principal city in the Cape Coral – Fort Myers, Florida Metropolitan Statistical Area. The city is known as a "Waterfront Wonderland", with over 400mi of navigable waterways, Cape Coral has more miles of canals than any other city in the world.

Monday, April 2, 2018

Defective Home: Who Is Responsible?

Defective Home: Who Is Responsible?

Defective Home: Who Is Responsible?
Question: My son and his wife purchased their first home last year. They secured a mortgage with a lender (Note: I have deleted the name of the lender). They had looked at 5 others houses where the lender was overly critical about updates to the houses before they would give out a mortgage. The house my son and daughter-in-law agreed on and purchased had a beautifully terraced backyard. They were required to do minor fixes before getting the mortgage. Eight months later the deck is coming away from the house because the terraces were put in wrong. My daughter in law went to the town to read the permits and have the contractor come back. No permits were pulled and a repair bill of $50,000 was given by a new contractor and structural engineer.
Who is at fault? The previous homeowners, the lender or the home inspector? This is a major bill for a first time buyer and no one seems to be responsible. Thank you for your help. Lori.
Answer: Dear Lori. I know that lenders are supposed to look carefully -- and critically --at the appraisal of a house they are considering making a mortgage loan, but I am surprised your son's lender actually turned him down based on the condition of the houses.
Let's look at the various players. First, the home inspector. Did he/she inspect the deck and say anything about it? I can't provide you specific legal advice, but you may have a case against that inspector. I would call him and tell him that there is a problem and you want him to look at the deck. Don't make any accusations or allegations; let the inspector take the lead in making comments. Many states protect the inspector from litigation if the homeowner has signed a statement at the back of the inspection report that states: "in the event of an error or mistake by the inspector, his/its liability is limited to the amount of the inspection". This is called an "exculpatory clause". However, many state courts have taken the position that if the homeowner can prove negligence on the part of the inspector, the inspector cannot use the "shield" of the exculpatory clause as a defense.
Next, the seller. Did your sales contract state that you were buying "as is"? If that's the case, you may not have a case against the seller. And even if you did not take "as is", I know that the seller will use as a defense "you had an inspector; if there is a problem, he should have caught it. However, if the seller knew that the contractor did not get permits for the work, you may still have a case.
Next, the lender. Generally, lenders are not responsible for problems in the house. However, in your case, it appears that the lender was actively involved in your house purchase. It was critical about other houses that were being considered, and regarding this house the lender actually required certain repairs to be made before the mortgage could be funded. So, I would think that you may be able to hold the lender responsible for some of the repairs costs.
Next: what about the contractor that installed the deck in the first place and did not pull any permits. Generally, there is a period of time (called a statute of limitations) after which you lose the right to file suit. However, there is also a legal concept called "the discovery rule" -- the statute of limitations starts when the problem is first discovered.
My suggestion: do your homework, get at least one more bid from a contractor and talk with a local attorney about the feasibility -- and the cost -- of litigation.

Saturday, March 24, 2018

​I give back 10% of my commission to all Veterans!

Terry Trombetti
Professional REALTOR®
14 Years Serving SW Florida​
Florida Complete Realty
Office: (239) 205-7200
Direct: (239) 560-1574

   I Give Back 10% Of My Commission To All Veterans!    
"As we express our gratitude, we must never forget that the
highest appreciation is not to utter words, but to live by them." -- John F. Kennedy

Friday, March 23, 2018

OPEN HOUSE TODAY Noon to 3pm Cape Coral | Gulf Access | Pool Home $390,000

OPEN HOUSE TODAY | Noon to 4pm.
Cape Coral | Gulf Access | Pool Home
MLS # 218007461 | List Price: $390,000 
Call me with any questions! 239.560.1574

Direct sailboat access This great home in the SW, features beautiful wood cabinets granite counter tops in the kitchen, with stainless steel appliances. Both bathrooms have new vanities with granite counter tops. Split bedroom floor plan with a pool bath. This roomy home has 1865 sq ft, with family room, formal living and dining room , 2 car garage. Great lanai and pool area. Boat lift. Fabulous location, close to downtown, with great shopping, & restaurants. Walk or bike to Tarpon Pointe or the Rotary Park. New A/C installed 2015, newer pool heater.

Friday, March 9, 2018

OPEN HOUSE - Today, Saturday and Sunday NOON to 3PM.

OPEN HOUSE - Today, Saturday and Sunday NOON to 3PM

Stunning Custom Built Gulf Access Pool Home
ML# 217059089
List Price: $829,900
Status: Active (09/28/17)
Address: 5122 SW 20th Ave, Cape Coral, Florida 33914
Intersecting canal views on a 3 lot site, with an elevation of 9.5 feet ASL! Impact windows, full house generator ($25,000 upgrade), special tile roof tested for Miami Dade Standard Requirements. This custom built home has a gourmet kitchen with GAS! The extended three car garage is air-conditioned (758 sq ft). Paved driveway leads up to the grand entry. There are 90 degree sliding doors from the family room and kitchen out to the lanai. Every room with the exception of the laundry room has crown molding. The electrical system includes a humidistat, ultra violet treatment, and two air-conditioners for zone control. The plumbing is manabloc. The dock ($33,000) is composite with a #13,000 lift and a cover for the boat. This home could not be reproduced for this price. City water and sewer all assessments paid! Too many upgrades to list, definitely a must see! Located near Rum Runners in the SW Cape. Everything on your wishlist and comes with a one year warranty.
I attached a few photos for you to look over. Give me a call with any questions. Have a great day!
Terry Trombetti
​Professional Realtor
Florida Complete Realty
3624 Del Prado Blvd A,
Cape Coral, FL 33904
Office: (239) 205-7200
Direct: (239) 560-1574
14 Years Helping Families Find Their Florida Dream Home!