Practice Areas — Real Estate / Title Insurance

Mr. Adamski is experienced in a variety of real estate matters, including real estate transactions and litigation.

He performs commercial and residential real estate transactional work for a number of mortgage lenders, title companies, builders, real estate brokers, and private individuals throughout the country. He assists with the purchase and sale of real estate, including negotiating and drafting purchase agreements and other documents, ensuring good title, and closings.

His clients include banks, property owners, developers, and mortgage lenders. In the course of his representation of these clients, he regularly handles transactions encompassing:

  • Sales and acquisitions of real property, equity and debt interests
  • Title searches
  • Title insurance
  • Joint ventures and equity funds
  • Equity and debt securitizations
  • Property development and construction
  • Brokerage and management arrangements
  • Tax-deferred exchanges

Real Estate Transactions

Buying and selling real estate is always a complex matter requiring the services of an experienced real estate attorney. Mr. Adamski has been representing clients in all phases of real estate transactions and development since 1979. Mr. Adamski is a member of the Attorneys’ Title Insurance Fund, Inc., the premier title insurance underwriter in Florida . He has represented a broad range of clients from first time buyers to developers, national banks, multi state corporations, and the City of Cape Coral as Special Counsel for the City’s Comprehensive Plan and as City Attorney. Mr. Adamski is also a member of the Real Estate Section of the Florida Bar.

How to begin a successful transaction: A successful transaction is one that meets your expectations and closes without controversy or incident. All real estate transactions start with the contract between buyer and seller. Always have an attorney review the contract BEFORE you sign the contract. He will discuss the contract terms and what you can expect in expenses, as well as what may happen if something does not go as planned. Do not rely on the advice of a real estate agent or broker whose job is to earn a commission for himself. He has an inherent conflict with your best interests and does not have legal expertise or training to give comprehensive unbiased advice.

Mr. Adamski provides services to buyers and sellers:

  • Contract preparation and review, and document review for closings performed by others.
  • Complete title insurance services.
  • Complete closing and escrow services.
  • Clearing title of liens, probate problems, and other clouds on title.

Hot News in the Real Estate Industry

Real Estate Transfer Tax eliminated in close transactions.

The Florida Supreme Court has recently ruled that a transfer of real estate from an owner to a limited liability company or closely held corporation is exempt from transfer tax. The transfer must be in exchange for stock or an interest equal to the value of the property transferred, and the property owner and stockholder must be the same person.

This means that property owners cannot transfer real estate to protect themselves from lawsuits. Or they can fashion transfers of property to avoid the tax on a sale to a stranger. The stranger can purchase the stock in the corporation rather than the property. This may create an intangible tax situation, however.

The tax is $7.00 per $1,000.00 of consideration given for the property. For example a tax of $700.00 is due on property worth $100,000.00.