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how do Canadians finance a home in Florida, Canadians financing a home in Florida, rbcbank, Canadian Dollar versus American Dollar, Canada remains number one international partner for Florida, Real Estate is very affordable for Canadians, how to keep the monthly bills low, Canadians buying investment properties and lifestyle properties, waterfront properties are still more expensive, golf course communities, gatet communities, how can a Canadian hold the property in Florida, financing options for Canadians, how much time can a Canadian spend in Florida, closing costs for Canadian buyers, taxes for Canadian homeownersin Florida, minimize your taxes, property insurance in Florida, avoiding estate and probate taxes, foreign nationals can eleminate or reduce their exposure to U.S. estate taxes, do Canadians pay higher property taxes, homestead examption, is there a sales tax due when buying property in Florida, capital gains tax, who pays for real estate service in Florida, Condo versus single family home, is property insurance hard to get for foreign nationals, can a foreign national get financing for his vacation home in Florida, Canadian Bank operating in Florida, purchase and sales agreement, when is a contract legally binding, down payment, escrow account, right to inspect, title search, title insurance, whwn is the best time to buy a home in florida, short sale, foreclosure, ten question to ask before buying a condominium in Florida, buying a Condominium in Florida, condo rules and regulations, how to calculate capital gains tax in Florida,
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Buying a Home in Florida When you find a house you'd like to buy, we will put together a purchase and sale agreement, which contains all the terms of the sale (seller's and purchasers' name/addresses, property's legal description, purchase price, down payment, financing arrangements, etc.). Together with the written offer the buyer has to accompany a check (called "consideration")to make the offer legally binding. The sum of the payment depends on the sales price. It can be anywhere between $1,000 and $5,000 for cheaper homes, or $10,000 to $50,000 for more expensive ones. More expensive homes usually require a second payment after a certain time frame again. The down payment will be held in an escrow account. Once the seller has accepted the offer the clock starts to tick. Although the seller has to disclose any problems of the house, he is aware of, it is always recommended to have the house inspected. A licensed home inspector will check for common defects (roof defects, A/C problem, plumbing problems and so forth). He will put together a lengthy report about all the minor and major problems. Depending on the contract that was used, either the buyer can back out if the repairs are too costly ("as is contract") or the seller can pay for the necessary repairs (residential purchase contract). Usually a termite/pest inspection is also a good investment in Florida (especially for wood frame houses). Meanwhile the title company or real estate attorney is preparing the paperwork. When you buy a house, you, the buyer, also buy a title insurance. A title search is a review of public records, looking for any problems with the title's validity before closing. The title insurance goes one step further and insures against loss due to certain title defects that didn't turn up during the title search. Typical title issues relate to easements and liens. When every obstacle has been cleared the title company or the attorney will put the deal together for the closing process. If financing is involved, they will communicate and later receive the paperwork and the checks from the bank. The buyer and seller will get a "Good Faith Estimate" explaining all the transaction fees and taxes (included are the fees for the loan as well). If everything is accepted, the signing of the documents (closing) will be arranged. If one or both parties are out of town this can be done as a mail away. Before the closing takes place the buyer needs to purchase a home insurance and in some places a flood insurance as well. When a bank is involved she will also require an appraisal and most likely a survey (unless the seller has still a valid one). Needless to say that the bank will keep the buyer busy with all the loan requirements (credit reports, income statements, asset statements...). |
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Buying a foreclosure or short sale property can be a real bargain. However, it comes with a price tag attached to it. Be advised, If you prefer to buy a short sale you must be very patient because it can take several months before the lender approves (or disapproves) the deal, and you should be aware of some other “unique” circumstances.
What is a short sale? A short sale is a sale of real estate in which the sale proceeds fall short of the balance owed on the property's loan. Unlike in a foreclosure, the bank does still not legally own the property in a short sale. The bank owns only the mortgage. The buyer must also keep in mind that the seller will not have any funds to make repairs to the property, and the bank is not interested in paying for repairs either. She took already a heavy loss on the lending side, and the buyer would probably not be in a short sale situation if he had still money in his account to do costly repairs.
Therefore, a short sale sales contract will always be an "as is" contract. The buyer has, of course, the right to terminate the contract if the property's condition is not acceptable. In order to prevent surprises the buyer needs to (and has the right to) thoroughly inspect the property (he himself or his hired inspector). And again: There is no room for complaints afterwards. Sold "as is" is sold "as is". Period!
Bank owned properties (REOs/Foreclosures) may be an alternative to short sales, you may think? Well, we need to tell you, that bank owned properties have their downside, too.
The bank's attorneys typically prepare the contracts.... and guess what? The sale is made exclusively on the bank's terms, not on the buyer's terms. This should not be too big of a surprise, because the bank is de facto the "new" owner. However, some of the terms seem to be really strange.
For example: the bank will not (and does not need to) represent facts about the condition of the property nor will she be responsible for any problems after closing. You have to investigate for problems yourself. By the way, in a short sale the seller has to disclose all problems with the home. At least that is good.
Well, if this scares you already to death you might not have the nerves to do a bank foreclosure. Stay away from it.
Furthermore, don't spin your wheels with low ball offers – make a decent one. The banks are not that naïve or unaware of the value of a home anymore.
If short sales or bank foreclosures do not tickle your fancy, you might want to consider a "regular" deal. Be assured, there are plenty of properties available priced like a distress property but not with the same problems attached to it. |
Don't be surprised...
Things to expect when buying a short sale:
*the more parties are involved (PMI, Bank with 2nd mortgage) the longer it will take. |
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Is it now a perfect time to buy in Florida? The answer is a clear ….it depends. Oh my gosh, and you were expecting a clear yes or no! But it really "depends" on what you have in mind. If you want to buy now and flip for profit in a few months – maybe it will work, but most likely it is not going to happen so fast.
Now, you want to buy a house, use it as a vacation home, and sell it maybe in a few years with a profit? That seems to be a better idea. Will your gain be in the two digits per annum? Honestly, we don't know - but we don't think so. It will probably be back to "normal" (3-5% per year).
Can you set off your expenses by renting the place out while you are "slaving" in Canada? We think so – Yes! However, here comes an important advise: The "Location, Location, Location thing" is back on the market. If you buy a home in a wrong location you may have to keep it forever. A nice steel in a problem community will most likely stick to you for years to come.
Therefore, it's got to be in a reasonable community (beachfront, canal front, lakefront, golf course, etc.) in order to increase in value. You can dream - but it's better to have a vision. Some communities may not improve in your lifetime. |
Here are the 10 questions buyers should ask when deciding to purchase a condominium unit:
What is the monthly condominium fee and what does it pay for?
The monthly condominium fee can range quite dramatically from condominium to condominium. The fee is a by-product of the number of units, the annual expenses to maintain the common area, whether the condo is professionally managed or self-managed, the age and condition of the project, and other variables such as litigation. For budgeting and financing you need to know the monthly fee and exactly what you are getting for it.
What are the condominium rules & regulations?
Condominium rules can prohibit pets, your ability to rent out the unit, and perform renovations. Make sure you carefully review the rules and regulations before buying. Needless to say, the buyer's attorney should review and approval all condominium documents, including the master deed, declaration of trust/by-laws, covenants, unit deed and floor plans to ensure compliance with state condominium laws as well as Fannie Mae and FHA guidelines, as necessary.
How much money is in the capital reserve account and how much is funded annually?
The capital reserve fund is like an insurance policy for the inevitable capital repairs every building requires. As a general rule, the fund should contain at least 10% of the annual revenue budget, and in the case of older projects, even more.
If the capital reserve account is poorly funded, there is a higher risk of a special assessment. Get a copy of the last 2 years budget, the current reserve account funding level and any capital reserve study.
Are there any contemplated or pending special assessments?
Special assessments are one time fees for capital improvements payable by every unit owner. Some special assessments can run in the thousands or even in the millions for high end condos. You need to be aware if you are buying a special assessment along with your unit. It's a good idea to ask for the last 2 years of condominium meeting minutes to check what's been going on with the condomininium.
Is there a professional management company or is the association self-managed?
A professional management company, while an added cost, can add great value to a condominium with well run governance and management of common areas. | Is the condominium involved in any pending legal actions?
How many units are owner occupied?
A large percentage of renters can create unwanted noise and neighbor issues. It can also raise re-sale and financing issues with the new Fannie Mae and FHA condominium regulations which limit owner-occupancy rates. If you are using conventional financing, check if it is a Fannie Mae approved condo. If FHA financing, check if it's an FHA approved condo.
What is the condominium fee delinquency rate?
This is a very important question because it is a signal of financial trouble, and Fannie Mae and FHA want to see the rate at 15% or less.
Do unit owners have exclusive easements or right to use certain common areas such as porches, decks, storage spaces and parking spaces?
Condominiums differ as to how they structure the “ownership” of certain amenities such as roof decks, porches, storage spaces and parking spaces. Sometimes, they are truly “deeded” with the unit, so the unit owner has sole responsibility for maintenance and repairs.
Sometimes, there are common areas in which the unit owner has the exclusive right to use, but the maintenance and repair is left with the association. Review the Master Deed and Unit Deed on this one.
What Does The Master Insurance Policy Cover?
The condominium should have up to $1M or more in coverage under their master condominium policy. For buyer's own protection, they should always buy an individual HO-6 policy covering the interior and contents of the unit, because the master policy and condo by-laws may not cover all damage to their personal possessions and interior damage in case of a roof leak, water pipe burst or other problem arising from a common area element.
Ask for a copy of the master insurance policy and don't forget to check the fine print of the by-laws. Sometimes, there's language that would hurt a unit owner in case of a common area casualty. Condominiums over 20 units should also have fidelity insurance to protect against embezzlement. |
You are so ready to catch some rays? Spread your wings and fly south for the winter! |
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Florida is a nice spot to be when the cold arctic wind drives snow flurries down the streets up north and you are down in the dumps. Wouldn’t it be nice to sit on your own lanai watching the sun set? Real estate is very affordable in Florida at the moment; therefore the temptation to buy is there. But before you are getting too excited about the red carpet treatment cash buyers usually get in Florida, you need to get a handle on certain issues:
If you rent your Florida property for the portion of the year that you spend in your own country, you will need to file a federal U.S. income tax return. You will have to declare your rental income, but you may be able to deduct expenses such as maintenance, utilities or mortgage interest. Since Florida doesn’t have a state income tax, income from the property will only be taxed by the federal government. What an incentive!
Property Insurance. Property insurance in Florida can be expensive. Newer homes are less expensive because the structure is able to withstand higher winds. Insurance companies charge less to insure properties that meet the latest code requirements. Homes and condos that are not located directly on or adjacent to the waterfront or in designated "flood zones," cost less to insure as well.
Avoiding Estate and Probate Taxes.
The probate process of transferring property to beneficiaries can be lengthy and costly. Putting the deed to your Florida home in the name of a Cross Border Revocable Living Trust (CBRLT) rather than in an individual's name may offer advantages. Properties held by a CBRLT are exempt from Florida probate and thus have no filing requirements for U.S. or Canadian tax authorities, for example. Check with an attorney or tax advisor to find out what benefits may be available to you. |
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For how long can a Canadian Citizen stay in Florida? A Canadian may stay in Florida for only six months (183 days). Anything over the six month period (even a single day) can have negative tax and health-care ramifications, and he could risk losing his Provincial medical coverage. Check Canadian laws and provisions first before making a decision. However, the same applies to the American Immigration Laws – a Canadian Citizen can stay for 6 months only. He is supposed to leave the country after that time frame. If he wants to stay longer he needs an authorization from the US Government, or he can leave and re-enter the country. There is no clear definition about the time he has to stay outside the US before he can re-enter. Check with the US immigration service.
Keep in mind that you still may jeopardize your Canadian medical coverage by staying longer than 183 days per annum. |
Understanding Capital Gains in Real EstateWhen you sell a stock, you owe taxes on your gain — the difference between what you paid for the stock and what you sold it for. The same holds true when selling a home (or a second home), but there are some special considerations. How to Calculate Gain In real estate, capital gains are based not on what you paid for the home, but on its adjusted cost basis. To calculate, follow these steps: 1. Purchase price: _______________________ The purchase price of the home is the sale price, not the amount of money you actually contributed at closing. 2. Total adjustments: _______________________ To calculate this, add the following:
3. Your home’s adjusted cost basis: _______________________ The total of your purchase price and adjustments is the adjusted cost basis of your home. 4. Your capital gain: _______________________ Subtract the adjusted cost basis from the amount your home sells for to get your capital gain. A Special Real Estate Exemption for Capital Gains Since 1997, up to $250,000 in capital gains ($500,000 for a married couple) on the sale of a home is exempt from taxation if you meet the following criteria: · You have lived in the home as your principal residence for two out of the last five years. · You have not sold or exchanged another home during the two years preceding the sale. · You meet what the IRS calls "unforeseen circumstances", such as job loss, divorce, or family medical emergency. For Foreign Investors there are special rules in effect. Please call the IRS or ask your tax advisor. |
It's getting cold outside and you are sipping hot tea by the fireplace. Snowflakes are swirling through the air.... and that is just the beginning of a series of never ending long and dark winter nights.
Maybe you are dreaming of a vacation home in a tropical paradise, a winter or retirement home under the blues skies of the Sunshine State. Can you imagine waking up on a January morning - sitting on the lanai for breakfast, walking down a palm-lined sandy beach, or taking a dip in the Gulf of Mexico? In the middle of winter! With the Canadians having stronger buying power than the Americans, a Florida vacation home is now in reach for a large number of Canadians. Affordability is the highest it's been since 1970, because the prices have sunk far below pre-boom times.
Maybe you are dreaming of a vacation home in a tropical paradise, a winter or retirement home under the blues skies of the Sunshine State? Can you imagine waking up on a January morning - sitting on the lanai for breakfast, walking down a palm-lined sandy beach, or taking a dip in the Gulf of Mexico? In the middle of winter!
With the Canadians having stronger buying power than the Americans, a Florida vacation home is now in reach for a large number of Canadians. Affordability is the highest it's been since 1970, because the prices have sunk far below pre-boom times. | How do I finance my home in the U.S.? RBC Bank is offering several options. It can be done with a traditional mortgage, alternatively with a HE-Loan (Home Equity Loan) or a HELOC (Home Equity Line of Credit). The alternative lending solutions entail less time, less paperwork, and may, in fact, be more economical. However, it might be wise to talk to a lending specialist before you go shopping for a home. There is an old saying; it goes -"better safe than sorry". For more info visit: www.rbcbankusa.com
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A common misconception is that Florida charges Canadians and other foreign nationals more in property tax than U.S. Citizens. This is absolutely not true. Snowbirds from the U.S. are treated the same way. The name “snowbird” is the important key word, implicating that this person is not a full-time resident. The difference in the property tax structure in Florida is about those who can claim homestead exemption (only full-time residents can do it) and those who cannot (part-timers can't). Homestead exemption consists of two elements: a $50,000 deductable from the assessed value and a 3% cap. "Cap" means, that the tax cannot go higher than 3% in any given year. The law was meant to protect the "poor" Florida residents but stirred up a lot of emotions in the "snowbird community".
Another question: Is there a Sales Tax due when buying property? The answer is "no". There is a state tax and intangible tax (.35 and .02 of the mortgage amount due) if you take out a mortgage, but there is no "Sales Tax" or VAT. However, be aware, that when you are selling your property many years down the road you may have to pay capital gains tax. This is a tough one, and it is not easy to avoid. |
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Foreign nationals can eliminate or reduce their exposure to U.S. estate taxes. For example, one of the best ways for Canadians is by placing a non-recourse mortgage against the property. A non-recourse mortgage gives the mortgage-holder recourse only against the property, itself, not against any other assets of the borrower. The probate process of transferring property to beneficiaries can be lengthy and costly. Putting the deed to your Florida home in the name of a Cross Border Revocable Living Trust (CBRLT) rather than in an individual's name may offer several advantages. Properties held by a CBRLT are exempt from Florida probate and thus have no filing requirements for U.S. or Canadian tax authorities, for example. |
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The Canadian Dollar – US Dollar Exchange Rate - Beautiful! With a desire to escape bone chilling winter weather, Canadians from Cities like Toronto, Vancouver, Ontario, Winnipeg, Saskatoon or Calgary represent an ever growing demographic here in Sarasota County. Canada is and remains Florida's number one international economic partner, number one source of inbound tourism and number one partner in terms of origin trade. A recent study, produced by Kroll Inc., a global research and business intelligence firm, found Canada to be Florida's top international economic partner, with the main components of the Florida – Canada economic relationship are being trade, investment and tourism. Canadians are buying up Florida's real estate at a faster pace now than they were during the boom years of 2004 – 2007; however, real estate is definitely more affordable than it used to be, but homes are still not for free. Even if the prices of waterfront properties are down a million or so from a couple of years ago – it is still more than pocket money for the average buyer. Besides, it will most likely be a second home and only be occupied for a few months annually. In fact, with the recent decrease in the relative volume of the Canadian dollar, Florida houses actually just went up in price. However, it's difficult for cold Canadians not to think their chance for perpetual warmth is tantalizingly close. What is the price situation like in Sarasota/Sarasota County in the year 2011 A.D.? First of all, let this get straightened out: if you want a new home right in the middle of nowhere – you have many to choose from and they are dirt cheap. There are thousands of foreclosures in those areas and more foreclosures are popping up every minute. Most of the homes have little or no vacation potential, and they are only suitable for retirement or part time retirement, or if you consider alligator hunting your favorite hobby. You are absolutely right when you object; of course, there are also some nice foreclosures in more favorable communities as well. However, you need to make sure those homes have always been well maintained since the departure of their owners. This is very often not the case because the new owner, the bank, did not really want to own the property in the first place, nor did she really intend to become responsible for the property. The bank has already lost a lot of money due to the unpaid mortgage and proper maintenance is expensive, especially when the sale takes forever. You may think that Florida per se has a mild climate and homes do not need a lot of maintenance, but unfortunately that is not the truth. Summer in paradise is as tough as the winter in Canada. High humidity, a baking sun and salt in the air can destroy a building very fast. The least expensive homes are often not well built, because the builder used a lot of cheap (second grade) material, and problems will arise quickly. Well built homes can survive a lot longer, but they also require regular maintenance. In a climate like this mold appears quickly when air-conditioning systems are shut down. That is something you don't want to have happen. Furthermore, the exterior of the building is deteriorating fast as it's being reclaimed by the jungle. It is sometimes sad to look at bank owned properties. Especially the big out of State banks do not care about their properties at all. Why should they? The prospect buyer gets his deal only “as is” anyway. No bank is paying for repairs; once the documents are signed all problems are considered the buyer's problems. What a nice deal!
Let's have a look at some market data:
Waterfront property is still holding its value. There is one underlying reason for this: there is no endless supply of shoreline.
Of course, the values have dropped since the boom years (2004 - 2007), but only a meager 10 – 15 % overall. People want to live by the water, and they will pay for it any justified price. Waterfront is prime location and it will always be. | Golf Course properties are different.
Well established and pricier communities are comparable to waterfront – newer golf course communities tend to be more in trouble at this point. Why is that? Too many nice amenities drive up the maintenance fees. If people want to cut down on expenses, they can only avoid high membership fees and high maintenance fees. In most exclusive Golf communities the membership is mandatory and the fee is a little on the high end, but if you have the money to purchase a million dollar home with golf course view, you probably have the money to pay for the mandatory membership as well. Some newer and cheaper golf communities have opened Pandora 's Box: they wanted to keep the monthly bills low by pooling the costs and divided the land into far too many lots. To make it even worse, they created an unforeseeable problem by letting too many unqualified people buy homes in the community. Now the inflation of the sheer number of homes drives already the prices down and the foreclosure of the people, who should not have bought in the first place, adds to the problem. In such a communities you can actually find nice homes for bargain prices, but having too many distressed homes in your neighborhood can be an eyesore. Gated Communities are probably a good choice for second home buyers.
If you are gone for six months of the year you want at least to make sure that your property is protected against unwelcome visitors. America is not Canada or Europe and single homes outside of communities may not be as safe as they may be in your country, especially when the owner is gone for a longer period of time. In general, asking prices for nice homes in favorable communities are down 15-30% compared to what they were at the peak. Actual sales prices are an additional 5-10% below asking prices. About three years ago asking prices and sales prices were almost identical. That was seller's paradise. The Condo Market is slowly coming back. This real estate segment is still not so easy to handle. It is sometimes hard to determine if the asking price is real or if it is still way too high. A thorough investigation is usually necessary in order to prevent paying too much.
However, there are good condo deals out there - just look around.
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