Anybody who is considering buying or selling any type of home should first consult with an experienced Florida real estate attorney. While there are different types of home residences, there are many similarities when it comes to buying and selling that require legal help.
- An attorney should review the agreement of sale before the document is ready for the signatures
- The buyer will need to consider if he or she is going to use a broker or whether they are going to try to sell the home without a broker
- The buyer will likely need to obtain financing for the loan and will likely need to sign a mortgage agreement
- Reputable home inspectors should do home inspections.
- The agreement of sale should be conditioned on there being a satisfactory inspection
- The buyer should obtain title insurance for the property
- The buyer and seller should each use attorneys who understand what steps to do at the closing/settlement of the home
Types of home construction
Homes can be made in the following types of ways
- A site-built home. Here, the home is built directly onto the land where the home will be located.
- Prefabrication. This type of home is one that is built in a factory. The pieces, there are usually many, are then shipped to the land where the homeowners will reside. The home is then assembled on the land. Often, some finishing work to the inside and outside of the home is necessary.
- Manufactured home. This home is usually built at a factory. The home is then shipped in its entirety or in sections to where the homeowner will live. This type of home generally will have a steel frame.
- Modular homes. This home is also built in a factory. The parts of the home generally lock together to make a complete home.
- Panel homes. Here, the panels are built away from the site and then put together at the site
Different home types
Some of the many different types of home residences according to Home Stratosphere are:
Most Americans live in this type of home. A single-family home does not attach to any other home. This home means that homeowners and dwellers have a lot of privacy. They generally also have a lot of control over how changes can be made. This includes changes to the interior of the home, the exterior, and the land. A common legal challenge is that some changes to the property such as moving the front of the home closer to the street (by adding an addition) do require zoning approval. Many of these homes can be found in the suburbs though some cities do also have single-family homes. These homes tend to get passed down from generation to generation. Since the owners have control over the property, pre-purchase inspections are a must.
This type of homeownership took off in the last half of the twentieth century. In this type of home, there are usually many different homes spread across one building or a group of buildings. While each homeowner does own his/her home, there are some differences from single-family ownership. The main difference is that an elected body makes decisions for the homeowners regarding common issues. Common issues include who manages the land and the items that everyone in the building complex can use. For example, the lawns, the parking lots, the swimming pool, tennis courts, a community building, and other areas. The homeowners are legally required to pay the association a fee for managing and maintaining these common areas.
A unique legal factor for condos
One key legal consideration is that condominium owners may not be able to bring legal action against the condominium if they slip and fall or have an accident – because then the homeowner would be suing himself. This puts a premium on the homeowner having quality insurance.
Cooperatives – also called co-ops
Co-ops look like condominiums but there are some key differences. The homeowners do not own a particular unit. Instead, they essentially become shareholders in the building. They then lease their individual unit from the coop. With a co-op, the owners of the co-op can reject prospective buyers. Generally, though, Florida laws require that there be a financial reason or that that there be some clear indication that the owner will not follow the rules of the co-op association. Like a condo, but unlike a single-home owner, the co-op pays dues for the management of the cooperative grounds and common property.
A duplex and a triplex
A duplex is a two-story condominium unit. A triplex is a three-story condominium unit. Alternatively, a duplex can be two side-by-side units and triplexes can be three-side-by-side units.
These are essentially rowhouses that share one or multiple walls. Here, the homeowner does own the inside and outside of the townhouse. Much in the same way a single-family homeowner owns their home. Each owner is thus responsible for the care and maintenance of the townhouse. No condominium association can be called to fix broken pipes, driveways, or other problems.
This is a moveable home. It’s more of a stable home than a recreational vehicle but less stable than a manufactured home. Mobile homes are factory-built and then towed to a lot or a mobile home park. Mobile homeowners generally need to rent from the lot owner. Generally, mobile homes are not considered “real estate,” (unless they’re permanently affixed to land). For this reason, the purchases and sale of a mobile home are handled more like a personal property transaction than a real property one.
Apartments are building that is owned by one or more people or entities. The units are then leased to tenants usually for a period of a year at a time.
Other types of homes that may have their unique set of legal issues include
Additional different types of home residences include:
- Ranch-Style Homes
- Multi-family homes
- In-law suites
- Carriage houses