FLORIDA PROPERTY PURCHASES
Who is on your side?
Are you a U.K. resident who is buying or already owns property in Florida?
Have you taken legal advice in your purchase? Some Florida estate agents may say that you don't need a lawyer because the "closing agents" prepare the completion or "closing documents". However the closing agents do not represent you. They do not act on your behalf nor provide you legal advice. They do not explain the contract and advise you as to potential pitfalls and your options. Closing agents cannot explain to you your tax treatment and options under the US/UK tax treaties nor how you are subject to U.S. Estate (inheritance) & gift taxes. They do not advise you as a foreign national how to best hold title in light of how US Estate (inheritance) & Gift Tax impacts foreign nationals, nor likewise how local, county, state and federal tax and regulations may affect you. You should not rely solely on them to check the figures on their "HUD settlement statement nor verify the validity of the exceptions to coverage made by the title insurer on the Title Commitment.
As a Florida law firm practicing law in the UK, we are experienced in dealing with the particular needs of UK residents in purchasing and owning Florida property.
Dealings with property in Florida can be a daunting experience, particularly as it involves understanding another country's law and taxes. We can guide you through the complexities involved when buying or selling property in Florida.
Such complexities may include the Florida law relating to succession, US Estate & Gift Tax, and the tax treaties between the United Kingdom and the United States which are key to helping you decide the best ownership structure to use.
We can explain the whole process and what it means to you and your family. We offer prompt, speedy and effective legal advice on the Florida system. We can assist sellers in determining whether the exceptions to the title insurance policy should be challenged, whether the figures on the "HUD settlement statement" are correct, as well as advising on the sale process itself.
The Florida property law services we offer include:
Consideration of the initial purchase/sale documentation and advice on its main terms;
Advice generally in relation to aspects of Florida inheritance law and property ownership and applying those rules to your position;
For married couples, advice on how to hold title in light of US tax treatment of foreign spouses;
Liaise with the Florida estate agent and closing agent in connection with the sale or purchase documentation and its execution and raising any additional enquiries;
Approving the closing documents and arranging for completion of a Power of Attorney if you decide to have another sign on your behalf;
General guidance throughout the transaction;
Consideration of Wills and Trusts and advice on any changes recommended to cover property ownership in Florida.
PROVISION OF SERVICES REGULATIONS
FOR KEVIN MICHAEL BURKE, ATTORNEY & NOTARY
Our legal services in
England & Wales :
Please note that our services provided as an English notary public are very different from the service we provide as a commissioner of oaths in England & Wales.
Generally, the amount of work performed in acting as a commissioner of oaths in England & Wales in taking an oath is far less complex and time-consuming than is the case where a notarisation is required.
Please note that where you need documents to be recognised and effective abroad, then it is a notarisation which is to be performed. Please note that If you need to send a document to be notarised in Australia or New Zealand or elsewhere in the Commonwealth, please note that the certification of a commissioner for oaths is generally not the equivalent of a notarised document and will likely be rejected in the United Kingdom.
Our US federal legal services we
can provide nationally:
US Spousal Visas [no fiancee visas]
Waiver of Inadmissibility