Joanne Tarantino CRS, Realtor®

Now a day in residential real estate sales unlike commercial sales the seller of the property is required to disclose all material defects in the property to which he has knowledge. Different states vary in how stringent the disclosure requirements are and in the modern days of consumerism these have become more comprehensive. Most states have a Seller Disclosure form which is a questionnaire concerning the different components of the home, i.e. are there boundary disputes, is the property connected to public sewer, does the roof leak, have all repairs and additions been done to code and permitted? The seller signs and the buyer signs confirming it’s been received. This type of disclosure is commonly used in residential transactions but is not mandatory in Florida as it is in quite a few other states.

What is required to be disclosed can vary widely nationally . The hottest new trend is if there has ever been a methamphetamine lab because some residue from that process is toxic.In general an inspection by a reputable home inspector or a home warranty will go a long way to protect a buyer. Disclosure if there was a death in the home is a little trickier. This is not required in Florida even though many are “creeped out” if it was a violent death or a homicide. Also controversial are ghosts or paranormal activity. Again Florida is not explicit about this disclosure, so do your inspection at night at and remember even though the “buyer-beware” attitude of the 60’s is over it could now be “buyer be scared”.

I was just asked thist question again this morning. “I’m coming down to Key West. Where should I stay?” As usual I draw a blank. It depends on what you want to do while you are here and how much money you want to spend. Well how much do rooms in Key West cost anyway? I really didn’t have any idea. I hear about great rates during slow season on the internet so I went online to take a look.

Now I didn’t check every hotel, just a sampling. You guessed it; the most expensive was the Waldorf Astoria, aka Casa Marina. You do get a beach; two pools, a gym, bath robes, a newspaper and espresso in your room, but you also get a “resort charge”. This is a mandatory $25.00 fee that is not included in the price of your room. For 6 nights in the first week of September the least expensive room (Island Vista), which means not on the water, is $319/night including tax and the resort fee.

The Pier House with one pool and one beach, no water view is $303/night. There is no resort fee here. For visitors who want to sunbathe and “do Duval” this is the best of both worlds.

The newly built Silver Palms where the El Rancho used to stand has a large room with two queen beds, a kitchen, free breakfast, 310 thread count sheets and in this case not over looking the pool (city view) is $242/night.

In a nicely landscaped place near the corner of Truman and Duval is the Almond Tree. A room with a King is $194, but the best price I found was The Conch House Heritage Inn at 625 Truman. A room at the Conch House is $108. Both of these places are close to everything have pools are clean and offer continental breakfast.

If you need to be on the water and can’t swing the prices of the Pier House and Casa Marina there is Sheraton Suites on Smathers Beach. You get a suite where you could actually sleep 4 for $218/night. The site says “reserve and relax” then continues “no changes, no refunds, no cancelations, no credits, must be paid in full in advance.” That doesn’t make me feel so “relaxed”. Driving further down the road is The Best Western Ambassador at 3755 S Roosevelt for $157.49/night. Pets are welcome, but I think their claim of being close to Margaretville and the Hemmingway House are a stretch at that far end of the island.

So there you have it. Where do you think is a good place to stay in Key West? Let me know your thoughts.

A pleasant surprise to boaters after Hurricane Wilma was the creation of a new little island with sugar white beaches off of Boca Grand that apply become know as Wilma Key. Four years later after currents, winds and the shifting of sand Wilma is almost gone As we approach the end of the year it is always interesting to remember the changes that have occurred on shore as well. Living in Key West you probably have experienced shopping at Ross Dress for Less. The clothing and house wares store comes close to creating the atmosphere of a scavenger hunt. High energy shoppers are compulsed to go several times a week just to check their luck on new arrivals. A few have secret knowledge about what day the truck is coming in. The check out line is always long. Why don’t they get some more checkers anyway? I have some times brought a book to read, but like many people, I often see the line, turn around and walk out. That has got to cost them money, but the prices are great and there is a lot of name brand quality merchandise mixed in which keeps Key West shoppers coming back line or no line. It is hard to remember the more stately JC Penney’s in that location when the Overseas Market opened in 1990. Continuing down North Roosevelt Blvd to Key Plaza is Kmart, that was previously Zayers and WT Grants. Remember how Kmart filled up with flood water in Wilma until the doors burst open and all the merchandise flowed out to the parking lot? Albertsons used to be J Byron’s. I always loved that clothes store for some reason. The Florida based retailer closed 17 locations including Key West in 1996. The remaining stores were converted to Uptons. Hyde Park Grocery was where the Dollar Tree and Office Max are. If you came back to Key West after being gone for 20 years and wanted to go out for some fun you would be surprised to see the Home Land Security where the Hukilau was, the Boca Chica Lounge now R and R Diesel, Martha’s and Perry’s boarded up and Memory Lane now only a memory.

I just attended a seminar to help Key West Realtors under stand the new residential real estate purchase contracts. These are the forms approved by the Florida Bar Association and the Florida Association of Realtors which allow Realtors to put together transaction agreements without the help of a lawyer. Many times over the years contracts have been tweaked, a few improvements here and there but, this time it was a major overhaul. The contract to purchase went from five pages to eleven. I guess it reflects the momentous changes in the real estate industry.

Here are some of the highlights. The first major change is the words "collected funds" running through out the form when it is time for money to be paid. This pretty much means "wired funds". Personal checks have never been acceptable for the purchase of real estate, but now the "bank check" or the "cashierâ€^TMs check" seems to be falling by the way side with the speed of which banks and mortgage companies are doing the same.

Another reoccurring concern is unpermitted improvements and the existence of open permits. The contract now states "Seller does not know of any improvements made to the Property which were made without required permits or made pursuant to permits which have not been properly closed" There is nothing new about owners trying to do work on their property without a permit, but in signing the new purchase agreement he guarantees that he has no knowledge of it. Open permits have become the newest headache. For some reason for years contractors of all types often never closed out a permit after installing a roof, pool, central a/c, etc. Many owners have no idea they have open permits on their property often from previous owners. This is now an issue with many title companies who will not issued title insurance until the permits are closed. The Buyer or the Seller must go through a process with the City of Key West to resolve it. The new contract provides for how and when this is handled.

The last significant change is the one that I am particularly happy about. It reads in bold "BUYER AGREES TO RELLY SOLEY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESNTATION (ORAL, WRITTEN OR OTHERWISE) OF BROKER."

It is about time the Realtor has some form of protection for conditions of the property that he or she had no way of knowing, not being an engineer or contractor and having to rely only on information from the seller. It also recommends a buyer get tax and legal advice again not relying on his real estate agent.

So, get your open permits closed, be prepared that funds will be required to be wired to closing, get a home inspection and forget about going after the real estate agent should you discover something wrong with your property after closing. Yeah!

Bone Island throws the dogs a bone. Dogs are almost allowed back into the Key West restaurants and bars. Certain establishments like Schooner Warf Bar and Blue Heaven have allowed dogs for years unitl it was realized that we needed a local ordinance on the books for the State to allow it to continue. I don't own a dog but it seems only right that those establishments that have been allowing it for years are not allowed to continue. We have almost finished the dog days of summer with no dogs. The City Commission approved legislation on August 20, but now has to wait 45 days for the DCA (The State) to give its stamp of approval.

These dogs deserve it. They have always done their part in Key West. They wear sunglasses while singing on Duval St. Little dachshunds march in the Duval St. New Years parade (it's a short parade because of the length of their legs). Dogs ride on mopeds. They are strong supporters of Dog Park and Dog Beach. If they did not who would? You'll never see a cat chasing a Frisbee or running in the surf. Through out the years dogs have made some extremely strong performances in the Fantasy Fest Pet Parade. Many are required to look like their master, which they do with much admired patience dignity.

I personally look forward to when they are officially welcomed back. One word of warning; the ordinance prohibits dogs from sitting on bar stools.