Sanibel Island Beach at Noon Today, Friday the 13th (April 2018)

Posted on April 13, 2018 by SanibelSusan

Wondering how the beach looks? SanibelSusan made a quick stop, just after noon today, at the beach access at the end of Donax Street on Sanibel’s almost east end. As the above photos show, the beach is looking great and being enjoyed. My car said the outside temperature then was 83 degrees F. With a brisk breeze, it was perfect beach weather.

My team and I are continuing to enjoy the change in traffic pattern this week as the islands slow down. The trouble is once Periwinkle Way eases up, so do the real estate phone calls and inquiries. That’s too bad, as now is when it’s often easiest to gain access to the properties that have been occupied all winter.

At yesterday’s local Association of Realtors® Caravan Meeting, in addition to many new price reductions, a large number of new listings were announced. It was a full caravan, too.

That’s a bit of an oddity for this time of the year when business typically slows down a little. Hopefully this year with winter weather continuing in many areas, Florida will be more attractive to future prospective property owners.

Shown after a couple of news items below is our weekly report showing the action posted since last Friday in the Sanibel & Captiva Multiple Listing Service.

Florida House Bill 631/Senate Bill 804 – What Are The Facts?

There have been rumblings the last couple of weeks over House Bill 631/Senate Bill 804 – Possession of Real Property (commonly known as customary use), signed by Governor Scott on March 23. Some folks believe that this bill restricts access to Florida’s beaches. That is not true.

Florida’s Constitution provides that all land seaward of the mean high-tide line belongs to the public. No government entity or private individual or property owner can deny access to it.

Posted on-line yesterday, April 12, Florida Realtors® provided a good explanation of customary use and the beach access issue with the following questions and answers:

“Question: What is “customary use”?

Answer: “Customary use” is a common law term referring to public access to private beachfront property. Generally speaking, beachfront property owners in Florida own the “dry sand” area leading down to the mean high tide line – the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The land seaward of that, commonly known as the “wet sand” area, is held by the state in trust for the public.

The process known as customary use allows a local government to adopt an ordinance that allows public access to the private dry sand area of beachfront property where the use has been ancient, reasonable, without interruption and free from dispute. (1974 City of Daytona Beach v. Tona-Rama, 294 So.2d 73 (Fla. 1974)

“Question: Are customary use ordinances new?

Answer: No. The public trust doctrine is embodied in Art. 10, s. 11 of the state’s Constitution. Further, the customary use process has existed in Florida for many decades.

“Question: If customary use is not new, then what does this new law (HB 631) that was passed actually do?

Answer: The previous process for adopting a customary use ordinance was not structured in a way that encouraged active dialogue about the issue between property owners and the local government. The intent of the new law is to allow customary use practices to continue, but in a way that is more transparent, efficient and economical, while requiring active dialogue between local governments and private property owners on the front end to avoid costly legal challenges.

“Question: What was the old customary use process and how does it work now?

Answer: Simply put, prior to this law a local government would evaluate its public beach needs and previous public use, draft a customary use ordinance to address the issues they found, and then vote to adopt that ordinance. Property owners affected by the new ordinance could then pursue a legal challenge if they wished to.

Under the new law, the local government must first hold a public hearing to make the public aware of the new customary use ordinance they want to adopt. They also need to notify every affected property owner of the proposed ordinance in writing, as well as identify the use they are seeking and show evidence of the need of that use. They will then bring the proposed ordinance forward for a judicial determination and must notify affected property owners that they have 45 days from receipt of the notice to intervene in the legal proceedings….

“Question: Is public access to Florida’s beaches cut off under this new law?

Answer: No. The law only changes the process by which a local government would follow to adopt a customary use ordinance.

“Question: I live in a county that has an engineered beach/erosion control line. Does this issue affect me?

Answer: There are 35 coastal counties in Florida. A total of 26 coastal counties have an engineered beach/erosion control line – a jurisdictional boundary established in beach re-nourishment project areas. If you live in one of these counties, then customary use ordinances are highly unlikely for your area.

Nine counties don’t have an engineered beach/erosion control line. These counties are: Walton, Jefferson, Taylor, Dixie, Citrus, Hernando, Pasco, Volusia and Flagler.”

Reducing Your Flood Insurance Cost

The cost of flood insurance often is a consideration to a prospective buyer. Some flood policies allow a new owner to assume the seller’s policy, so it is common for Realtors to ask owners about their insurance costs and the contact information for their insurance carrier. Sometimes we have info about how you may be able to reduce your insurance costs too.

Several years ago, the local Association of Realtors® brought in speakers from a local engineering firm that specializes in services related to flood zone mapping and analysis, flood protection analysis and flood proofing services. Sometimes that engineering work results in a document called LOMR (Letter of Map Revision). To fully understand what a LOMR is, it helps to know about the City’s evolution and how it relates to flood insurance.

Here is some background from Sanibel’s on-line 2017 Comprehensive Floodplain Management Plan. (Read the full document at http://www.mysanibel.com/Flood-Information/Comprehensive-Floodplain-Management-Plan )

“The City of Sanibel is a barrier island, located on southern Florida’s Gulf coast. In 1974, the City was in a grassroots effort to gain local control over land development so that the fragile and unique environment of the Island could be preserved and enhanced…. Development within the City is regulated to coexist with nature.

“One of the City’s initial tasks following incorporation was the adoption of the Sanibel Plan (a comprehensive land use plan), which uses the ‘carrying capacity’ concept of land use management to determine the development intensity permitted on the island: the more sensitive the land is to human activity, the less development is permitted. In the City’s very fragile and vulnerable Gulf Beach, Bay Beach and Mangrove Forest Zones, little or no development is allowed. On the higher and less environmentally sensitive ridge areas of the Island, more intense development is permitted.

“Prior to incorporation, Sanibel Island was zoned for the development of over 30,000 dwelling units. After the City was established and the initial Sanibel Plan was adopted in 1976, the projected number of dwelling units to be permitted on the Island dropped to approximately 7,800. After subsequent lawsuits and Plan amendments, the current projected number of dwelling units to be permitted on the Island has been adjusted to approximately 9,000.

“Not only did the City significantly decrease the amount of development permitted on the Island, but the City’s new zoning regulations severely restrained and, in some cases, prohibited development in the Island’s most environmentally sensitive and flood prone areas such as the Bay and Gulf Beach Zones, the Mangrove Forest Zones and the Interior Wetlands Conservation District. By restricting or limiting development in these sensitive and vulnerable areas, the City took a giant step to protect the public health, safety and welfare from flood damage.

“When the Federal Emergency Management Agency (FEMA) established the Community Rating System (CRS) in 1990, the City of Sanibel was one of the first to apply. Due to its historic proactive floodplain management efforts, the City is currently recognized as a Class 5 community by the CRS. Through the CRS program, the City has made a commitment to further improve and enhance its proactive floodplain management efforts through the evaluation and updating of its comprehensive Floodplain Management Plan (FMP).

“The purpose of the Sanibel FMP is to reduce or eliminate risk to people and property from flood hazard and has been developed to meet CRS criteria for such planning documents and incorporates the primary goals of the CRS to reduce flood losses, facilitate accurate insurance ratings, and promote the awareness of flood insurance. The plan includes existing and new mitigation activities, to prioritize mitigation activities and on-going activities to meet the City’s floodplain management goals. The City of Sanibel has implemented its Comprehensive Floodplain Management Plan since the initial adoption of that plan in 1995. This 2005 Floodplain Management Plan assesses updates and clarifies that plan and provides direction for future actions. On May 3rd, 2016, the Sanibel City Council established a City of Sanibel Floodplain Management Planning and Mitigation Advisory Committee to the City of Sanibel to organize and prepare the Floodplain Management Plan. Under the Community Rating System (CRS), there is an incentive for communities to do more than regulate new construction. The CRS provides a reduction in flood insurance premiums to reflect activities that reduce flood damage to existing buildings, protect new buildings beyond the minimum NFIP protection level, and help residents obtain flood insurance.

“…The largest potential impact in hazard assessment of the 100-year storm is Base Flood Elevation (BFE) requirements from the FEMA maps. In November 2014, FEMA notified the City of Sanibel that it is analyzing coastal wave action in the Gulf of Mexico as part of its Risk Mapping, Assessment & Planning (Risk MAP) program. This analysis will be used to create new elevation data for Flood Insurance Rate Maps (FIRMs). Preliminary maps are anticipated to be distributed in 2018. Previous maps included Zone VE, where the flood elevations include wave heights equal or greater than 3 feet; and Zone AE, where the flood elevation includes wave heights less than 3 feet….

“By joining the NFIP in 1979 and requiring new construction to be built above the Program’s base flood elevation, development that has occurred on Sanibel since that time is relatively safe from flood damage in all but the very worst-case storm events….”

So how does this relate to a LOMR? In floodplain lingo, a Letter of Map Revision or LOMR is FEMA’s modification to an effective Flood Insurance Rate Map (FIRM) or Flood Boundary and Floodway Map (FBFM) or both.

Why do you want your property to be included in a LOMR? Because it may mean that your property is now located in a flood zone that is less likely to flood, so less costly to insure. The property didn’t move, but the likelihood of flooding occurring may have lessened because of nearby construction, shift in the land, and changes in the weather, that could affect wind and wave action.

In recent years, many island condo complexes and communities have hired engineering firms to determine if their locations could be candidates for LOMRs. The process can be costly and lengthy, but in many cases has achieved great results – and huge savings in flood insurance. Posted at on the City’s website at http://www.mysanibel.com/Flood-Information/LOMR-Letters-of-Map-Revision are recent revisions.

If your property is near one of these locations, particularly if it is landward of one of them, go to the link for that LOMR. There, you will see the letter that FEMA sent to the City identifying the area of change. The last page(s) of each document list by STRAP numbers & owners names, all of the properties affected by the that document. If yours is included, it may be worth a phone call to your insurance provider, as they may not be aware of the change. The LOMRs currently posted on the City’s site are:

West Wind Inn – 3345 West Gulf Dr
Beachcomber condo – 635 East Gulf Dr
1243 Par View Dr
Pointe Santo condo – 2445 West Gulf Dr
Sanibel Seaview condo – 727 East Gulf Dr
Island Beach Club condo – 2265 West Gulf Dr
Beachview Cottages – 3325 West Gulf Dr
Dosinia condo – 3339 West Gulf Dr
Sandalfoot condo – 671 East Gulf Dr
Island Inn – 3111 West Gulf Dr
Loggerhead Cay condo – 679 East Gulf Dr
Sanibel Arms West condo – 827 East Gulf Dr
Casa Ybel Resort – 2255 West Gulf Dr
Tanglewood condo – 1101 to 1104 Seagrape Ln
Sunset Beach hotel – 3287 West Gulf Dr
Gulfside Place condo – 1605 Middle Gulf Dr
5125 Joewood Dr
Sundial East condo – 1401 Middle Gulf Dr
Sunset South condo – 1341 Middle Gulf Dr
Sundial of Sanibel Bldg E & K – 1501 Middle Gulf Dr

To find your property’s FEMA map location, go to https://msc.fema.gov/portal/search

2018 Hurricane Seminar

The same day last week as the City seminar about the 2018 hurricane season, forecasters projected that the upcoming 2018 season may be busier than usual. As a fan of the City’s official weather consultant, Dave Roberts, it was interesting to read that he said hurricanes can happen during any month of the year when certain conditions are present. One of those is that water temperatures need to be about 80 degrees. (Right now, the gulf is about 77, 78 degrees.) According to Roberts, due to La Nina weather conditions, Atlantic Ocean water temperatures currently are one degree above average. “That’s something to be worried about,” he said.

Roberts also stressed the importance of heeding calls for an evacuation especially when powerful storm surges are expected. “I can tell you that a 15’ storm surge is very unlikely, but a 3’ to 5’ storm surge can happen. Believe me, you don’t want to get caught in that because one foot of standing water can move an SUV….”

Here’s hoping that if we are prepared, no storms will come.

Upcoming Events

48^th Earth Day Celebration at J.N. ‘Ding’ Darling Wildlife Refuge, Saturday, April 21:

7 a.m. to 4 p.m. – Wildlife Drive free to bikers/hikers, $5 per motor vehicle
8 a.m. to 4 p.m. – Free bike rentals at Tarpon Bay Explorers
9:30 a.m. – Bike refuge tour (4 miles)
10 a.m. to 2 p.m. – Earth-friendly crafts in Refuge Visitor & Education Center
1 p.m. – See free film STRAWS

Sanibel School Fund Blue Ribbon Golf Classic at The Sanctuary, Saturday, May 12. Call Christian at 917-763-6824 for more info/tickets.

Reminder About Watering

Lee County_logo After experiencing below-average rainfall from November through March, residents and visitors are reminded of Lee County’s year-‘round water conservation ordinance. It prohibits irrigation between the hours of 9 a.m. and 5 p.m. Irrigation outside of these hours is limited to Thursdays and Sundays for even-numbered addresses and Wednesdays and Saturdays for odd-numbered addresses

Sanibel & Captiva Islands Multiple Listing Service Activity April 6-13, 2018

Sanibel

CONDOS

3 new listings: Tennisplace #A34 2/1.5 $339.9K, Sanibel Moorings #1631 2/2 $615K, Sanddollar #A104 2/2 $849K.

8 price changes: Sanibel Moorings #141 1/1 now $450K, Sanibel Moorings #1611 2/2 now $499K, Blind Pass #B209 2/2 now $569K, Sunset South #6A 2/2 now $599K, Sandpiper Beach #506 2/2 now $719K, Nutmeg Village #205 2/2 now $745K, Sunset South #1A 2/2 now $749.9K, By-The-Sea #C102 2/2 now $1.249M.

6 new sales: Sanibel Arms #D4 2/2 listed at $549K, Sandalfoot #3C1 2/2 listed at $729K, Kings Crown #312 2/2 listed at $799K, Tarpon Beach #206 2/2 listed at $799K, Surfside 12 #A4 3/2 listed at $819K, High Tide #C201 2/2 listed at $989K.

7 closed sales: Tennisplace #E33 2/1 $285K, Mariner Pointe #241 2/2.5 $615K, Sundial West #J307 2/2 $738K, Sundial West #F201 2/2 $795K, Sanibel Arms West #D5 2/2 $845K, High Tide #C101 2/2 $885K, Sanctuary Golf Villages I #3-6 3/3 $968.5K.

HOMES

6 new listings: 1621 Sand Castle Rd 3/2 half-duplex 3/2 $565K, 5303 Umbrella Pool Rd 3/2.5 $599K, 223 Daniel Dr 3/3 $898K, 829 Pyrula Ave 3/3 $1.149M, 2414 Wulfert Rd 4/4.5 $1.849M, 2564 Wulfert Rd 4/5.5 $2.149M.

16 price changes: 1717 Atlanta Plaza Dr 2/2 now $455K, 3837 Coquina Dr 2/2 now $699K, 1325 Par View Dr 3/3 now $739K, 1521 Wilton Ln 3/2 now $759.5K, 950 Cabbage Palm Ct 3/2 now $799K, 1350 Middle Gulf Dr 3/3 half-duplex now $885K, 4460 Waters Edge Ln 3/2 now $878K, 938 Pecten Ct 3/2.5 now $1.099M, 5411 Osprey Ct 3/2 now $1.099M, 1349 Eagle Run Dr 3/2.5 now $1.145M, 1126 Harbour Cottage Ct 3/2 now $1.249M, 1525 San Carlos Bay Dr 4/2 now $1.495M, 2984 Wulfert Rd 3/3 now $1.65M, 2564 Wulfert Rd 4/5.5 now $2.1495M, 3009 Turtle Gait Ln 4/4.5 now $2.795M, 1238 Isabel Dr 5/3/2 now $3.374M.

9 new sales: 813 Rabbit Rd 2/2 half-duplex listed at $399K, 3043 Poinciana Cir 4/2 listed at $525K, 1283 Par View Dr 2/2 listed at $574K, 887 Casa Ybel Rd 5/3 duplex listed at $575K, 1582 Sand Castle Rd 3/2 listed at $649K, 236 Hurricane Ln 2/3 listed at $689K, 678 East Rocks Dr 3/2 listed at $829K, 529 Lighthouse Way 3/3 listed at $1.22M, 805 Sand Dollar Dr 4/3 listed at $1.295M.

8 closed sales: 340 East Gulf Dr 2/2 $515K, 1625 Sand Castle Rd 3/3 half-duplex $575K, 474 Lake Murex Cir 3/2 $655K, 924 Beach Rd 3/2 $875K, 748 Windlass Way 3/3 $1.1M, 2629 Coconut 2/3 $1.15M, 2939 Wulfert Rd 5/5/2 $1.275M, 1083 Bird Ln 4/2.5 $3.675M.

LOTS

No new listings.

3 price changes: 976 Whelk Dr now $679K, 6000 White Heron Ln now $749K, 1226 Isabel Dr now $1.849M.

1 new sale: 2401 Blue Crab Ct listed at $679K.

1 closed sale: 6027 Dinkins Lake Rd $215K.

Captiva

CONDOS

1 new listing: Beach Villas #2423 1/1 $545K.

1 price change: Beach Villas #2414 2/2 now $640K.

No new or closed sales.

HOMES

No new listings.

3 price changes: 14860 Mango Ct 5/4 now $1.794M; 11535 Wightman Ln 4/4 now $1,999,999; 11523 Andy Rosse Ln 5/5.5 now $2.499M.

No new or closed sales.

LOTS

Nothing to report.

This representation is based in part on data supplied by the Sanibel & Captiva Islands Association of Realtors® Multiple Listing Service. Neither the association nor its MLS guarantees or is in any way responsible for its accuracy. Data maintained by the association or its MLS may not reflect all real estate activity in the market. The information provided represents the general real estate activity in the community and does not imply that SanibelSusan Realty Associates is participating or participated in these transactions.

Until next week, here’s hoping your Friday the 13th has been lucky & you get to the beach this weekend!

Here’s one more photo from today. TGIF!

Susan Andrews, aka SanibelSusan

Sanibel & Captiva Islands Gulf/Bay Waters & 1st Quarter Real Estate Stats

Posted on April 6, 2018 by SanibelSusan

SusanSusan here reporting the end of another week of gorgeous weather with the island thinning out a little as snowbirds continue to depart and “season” activities wrap up. Many locals and visitors have noticed this week that the water around the islands is beautiful, both gulf and bay side – a brilliant clear teal blue. Seeing the water like that in the spring makes one wish the summer rainy season would stay away, but it’s an inevitable part of the Florida weather cycle.

Beach

In another few weeks, regular afternoon showers will begin with the first of the afternoon puffy popcorn-like clouds already appearing occasionally, though mostly inland.

chateau 8 07-17

Sanibel/Captiva Real Estate

Now that first quarter is over, I always like to compare the activity from one year to the next to confirm that what the market seems to be indicating is true. Below is this year’s real estate action, compared to 2016 and 2017:

	Sold/Closed Sales 1^st Quarter
	2016			2017			2018
	#	Avg Sale Price $	Avg DOM	#	Avg Sale Price $	Avg DOM	#	Avg Sale Price $	Avg DOM
SANIBEL
Condos	38	709,628	190	32	732,686	219	34	765,668	118
Homes	44	966,872	191	58	1,047,638	138	63	1,263,989	160
Lots	6	365,333	269	11	389,074	354	3	247,333	238
CAPTIVA
Condos	4	831,125	285	10	432,600	214	11	911,783	190
Homes	8	4,096,250	309	6	2,161,667	116	9	2,462,500	169
Lots	1	1,549,000	386	1	1,925,000	294	0	N/A	N/A

DOM = days on market

On Sanibel, closings indicate that homes continue to be the predominate product, with both condo and home prices on the rise. With the winter months being when the most high-end buyers are on island, it makes sense that larger more-luxurious more-expensive properties sell then.

This year, it may be surprising to see the jump in the number of closings that are posted this month and in May, since sales activity didn’t pick up until later than usual this year. Perhaps that’s related to the stock market, new tax laws, or something else. Those in the real estate business are happy that it did improve, now we hope that it doesn’t trickle off with folks leaving.

As a listing agent, an important consideration always is remaining inventory or the competition. It can provide insight into how long it may take for listings to sell, particularly at this time of the year when the next wave of prospective buyers is expected to be those who may think they can get a great deal buying post-season and before hurricane season. The below table shows the same details as the table above, but this one shows the properties currently for sale and under contract, on both Sanibel & Captiva.

	Inventory as of April 6, 2018
	Under Contract Without Contingencies, Awaiting Closing			Under Contract With Contingencies			Available For Sale
	#	Avg Asking Price $	Avg DOM	#	Avg Asking Price $	Avg DOM	#	Avg Asking Price $	Avg DOM
SANIBEL
Condos	5	1,056,100	85	25	759,076	193	104	804,055	181
Homes	19	2,016,526	125	37	1,100,088	109	192	1,431,145	168
Lots	1	239,800	278	1	59,000	413	67	646,683	363
CAPTIVA
Condos	1	2,095,000	182	0	N/A	N/A	38	1,414,843	199
Homes	0	N/A	N/A	3	2,696,000	418	47	3,209,702	249
Lots	0	N/A	N/A	0	N/A	N/A	3	4,264,667	117

Again, the data confirms that Sanibel homes are the hot commodity and indicates that it is the pricier larger ones that are moving. Many of us have buyers just waiting for the right gulf-front pool home. There haven’t been many of those for sale. Not of enough of those exist on Sanibel, which probably is what has caused the bay-front pool home market to get lots of action in the last few weeks. With 192 Sanibel homes for sale, 63 closing first quarter, and another 56 under contract, there still are a lot of homes for sale – probably better than a year’s worth of inventory in my estimation.

With Sanibel condos having 34 sales first quarter and another 30 under contract, seeing 104 on the market, probably means that’s close to a year’s worth of inventory too. I bet we see fewer condo sales than we usually do this summer, but I hope I’m wrong.

The time to move island lots and Captiva properties are tough to guess-timate because those markets are so small, specialized, and varying in price. Captiva condo statistics can be skewed too, because the 33 gulf-front Beach Home properties (priced as high as $4+million) and 68 units Land’s End Village units within South Seas Resort are home-like but are in condo associations.

So, our hopes are that brisk sales continue. Many of our winter listings have sold or are under contract, so we are looking for new listings and working hard to get our remaining listings sold. Our focus shifts to getting showings at the properties that could not be viewed “in season” due to paying guests and promoting them to agents who have not shown them, as well as reminding those who have shown previously that they still are available.

Teammate Dave held several Open Houses this week, unfortunately with little traffic, probably because of the beautiful weather. The action posted in the Sanibel & Captiva Multiple Listing Service this week follows a couple of news items below.

Leaving LIBOR, Say Hello to SOFR

An interesting article was posted on-line by the “Miami Herald” last Friday, March 30, 2018. It’s by Tom Hudson who hosts “The Sunshine Economy” on WLRN-FM; @HudsonsView.

“If you have a home equity line of credit, private student loan, commercial mortgage or business loan, your payment may be tied to LIBOR. The London Interbank Offered Rate serves as the starting point for figuring out how much borrowers owe. But the interest rate underpinning trillions of dollars of loans will be changing.

“In the week ahead, the Federal Reserve Bank of New York begins publishing the SOFR. The Secured Overnight Financing Rate aims to be more reliable and less contrived. It also begins a new chapter in the massive move away from LIBOR and its lock as a fundamental price of borrowed funds.

“Deep inside most variable interest rate loan documents is LIBOR. Since the 1980s, lenders have leaned on LIBOR as the gauge to set other market interest rates. As LIBOR moves, so moves repayment costs. But it is an imperfect reflection of the cost of cash.

“LIBOR isn’t based on actual borrowing. It is a daily poll of banks, asking them what they think would be the cost to borrow from each other without using any collateral. Those are unsecured loans, and fewer banks are conducting business like that. So, the poll has become less accurate. And since it’s a survey of expected costs, not actual costs, the poll is vulnerable to manipulation. A dozen banks have paid billions of dollars in fines for rigging LIBOR rates.

“LIBOR lied. The benchmark is broken.

“Over the past four years a group of bankers, financiers and American regulators have been working toward a new reference rate. That rate, the SOFR, makes its debut Tuesday morning. It differs from LIBOR in two significant ways; It will be based on actual lending rates between banks, and it will be based on loans using US Treasuries as collateral — a more common practice than LIBOR’s unsecured loans.

“The introduction of what may become the new benchmark is far from complete. Whereas LIBOR rates include different durations ranging from overnight loans to those lasting one year, the SOFR is solely short-term money — one day.

“New variable interest rate loans likely will include references to SOFR as the new standard. Other loans may include fallback language allowing them to swap the old benchmark for a new one.

“This may seem like an arcane action by the financial industrial complex, but with trillions of dollars of consumer and business loans tethered to LIBOR, a smooth and orderly transition to a new interest rate benchmark is vital for the American economy.”

Is A Seller’s Disclosure Required?

Having served on the state Contract and Forms Content Committees many times, I often find that I can be too close to this question. The following article was posted on-line this week by Attorney Joel Maxson who is Director of Member Legal Services at Florida Realtors®. Joel also manages the Realtors’ Legal Hotline.

Florida is a full-disclosure state, but I have found that often when a property is not the primary residence of the seller or is a rental investment property, the seller does not always know of the property defects. Here is Joel’s posting from April 2, 2018:

“Based on what we hear on Florida Realtors Legal Hotline, most residential sellers are content to complete the Florida Realtors Seller’s Property Disclosure – Residential form (SPDR) around the same time they enter into a listing agreement. However, every now and then, a seller will balk at the idea of completing this form, prompting a member to ask what Florida law requires regarding disclosures.

“Although sellers aren’t required to complete this specific SPDR form, a residential seller does have to comply with the rule established in Johnson v. Davis. In that case, the Florida Supreme Court held that “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” These material facts are sometimes referred to as latent defects.

“In addition, in Rayner vs. Wise Realty Co. of Tallahassee, the First District Court of Appeal provided that this same disclosure requirement applies to residential properties that are being sold as is.

“Sellers can make this disclosure in writing or verbally, although Florida Realtors attorneys recommend that it be made in writing.

“Realtors should note that the SPDR contains safeguards to ensure the seller completes the form – not the associate or broker. As a reminder to all parties, the first line of the SPDR provides “Notice to Licensee and Seller: Only the Seller should fill out this form.”

“As a separate but related issue, some brokerage companies may require that certain documents (like a seller’s property disclosure) be maintained in a file, so associates should always ensure they understand and comply with any specific requirements their company may have.”

Sanibel & Captiva Islands Multiple Listing Service Activity March 30 – April 6, 2018

Sanibel

CONDOS

12 new listings: Casa Blanca #2 2/1 $379K, Sundial #F205 1/1 $429K, Sanibel Arms #D4 2/2 $549K, Mariner Pointe #1052 2/2 $565K, Sanibel Siesta #306 2/2 $599.5K, Sunset South #6A 2/2 $619K, Sanctuary Golf Villages I #2-5 2/2.5 $759K, Tarpon Beach #206 2/2 $799K, Sundial East #N403 2/2 $889.5K, Compass Point #102 3/2 $1.295M, Bougainvillea #B 3/3 $1.299M, Villas of Sanibel #A102 3/3 $1.495M.

3 price changes: Mariner Pointe #122 1/1 now $399K, Sanibel Moorings #941 2/2 now $524.9K, Gulfside Place #323 2/2 now $1.298M.

3 new sales: Loggerhead Cay #422 2/2 listed at $535K, Sunset South #7C 2/2 listed at $569.5K, Tamarind #B302 2/2 listed at $1.789M.

5 closed sales: Sanibel Moorings #212 1/1 $415K, Loggerhead Cay #264 2/2 $580K (our listing), Surfside 12 #A1 3/2 $790K, Sandpiper Beach #302 2/2 $835K, Gulfside Place #222 2/2 $1.05M (our sale).

Gulfside Place #222 view

HOMES

7 new listings: 1851 Farm Trl 3/2 $629K, 1339 Tahiti Dr 3/2 duplex $679K, 247 Daniel Dr 3/2.5 $939K, 641 Lake Murex Cir 4/3 $1.125M, 1349 Eagle Run Dr 3/2.5 $1.155M, 872 Limpet Dr 3/3 $1.849M, 1324 Seaspray Ln 3/3 $1.899M.

9 price changes: 317 East Gulf Dr 3/2 half-duplex now $565K; 3784 Coquina Dr 3/3 now $595,995; 1357 Tahiti Dr 2/3 duplex now $629K; 978 Black Skimmer Way 3/2 now $695K; 5410 Osprey Ct 3/2.5 now $749K; 1545 Sand Castle Rd 4/3.5 now $1.149M; 735 Sand Dollar Dr 3/3 now $1.279M; 1743 Venus Dr 4/3.5 now $1.629M; 411 Bella Vista Way 4/4 half-duplex now $2.075M.

8 new sales: 1004 Spanish Laurel Ln 2/2 listed at $598K, 1190 Sand Castle Rd 3/2 listed at $625K, 5307 Ladyfinger Lake Rd 3/2.5 listed at $645K, 1020 White Ibis Dr 3/3 listed at $649K, 1450 Sand Castle Rd 3/2 listed at $749.9K, 852 Lindgren Blvd 4/3 listed at $1.159M, 1475 Angel Dr 3/4.5 listed at $1.549M, 1083 Bird Ln 4/2.5 listed at $3.999M.

6 closed sales: 3021 Singing Wind Dr 3/2 $485K, 1169 Sand Castle Rd 3/2 $650K, 601 Sea Oats Dr 3/2 $659.9K, 4960 Joewood Dr 3/3 $975K, 940 Spoonbill Ct 3/2.5 $1M, 747 Windlass Way 4/3.5 $2.25M.

LOTS

No new listings, price changes, or new sales.

1 closed sale: 1312 Eagle Run Dr $290K.

Captiva

CONDOS

No new listings.

2 price changes: Lands End Village #1665 2/2 now $950K, Beach Homes #25 3/2 now $1.995M.

No new sales.

1 closed sale: Bayside Villas #5144 1/2 $370K.

HOMES

No new listings.

1 price change: 11559 Laika Ln 2/2 now $5.5M.

No new or closed sales.

LOTS

Nothing to report.

Until next Friday, enjoy your week…

Susan Andrews, aka SanibelSusan

Pre-Easter Things Hoppin’ on Sanibel

Posted on March 23, 2018 by SanibelSusan

Bunny hopping clip art It’s been another fun week with real estate on Sanibel Island. Between showings, offers, and inspections, The SanibelSusan Team is enjoying the end-of-season rush!

In typical late-March fashion, many island soon-departing snowbirds, visitors, and owners are scurrying to take care of local real estate needs before heading home.

The action posted since last Friday in the Sanibel & Captiva Multiple Listing Service follows a few news items below. Many new sales are reported, with fingers crossed for even more to report next week.

Congress’ Budget Extends Flood Insurance to July

As posted today on FloridaRealtors® and sourced to The Advocate, Baton Rouge, La., Bryn Stole. Distributed by Tribune Content Agency, LLC.

“WASHINGTON – March 23, 2018 – The National Flood Insurance Program (NFIP) got a four-month reprieve as part of a massive $1.3 trillion federal spending deal unveiled late Wednesday evening and signed by President Trump on Friday – the fourth temporary extension of the program since September.

“But lawmakers on Capitol Hill now face a July deadline to either overhaul the NFIP, extend it again – or let it lapse in the midst of hurricane season. That could put added pressure on Congress to hammer out a deal on how to shore up the debt-laden federally run insurance program. A compromise on the program has so far been elusive.

“Negotiations between budget hardliners and coastal lawmakers have yielded little in the way of progress over the past few months and legislation to overhaul the program has languished in the U.S. Senate.

“Budget hawks have pushed changes to the NFIP that would dramatically raise rates on many high-risk homeowners who currently pay below-market premiums and shrink the program by booting some properties that have repeatedly flooded.

“Lawmakers from flood-prone areas – including Louisiana’s congressional delegation – have fought furiously against most of those proposals, concerned about how those kinds of abrupt reforms could wipe out homeowner equity and put flood coverage out of reach of many constituents.

“The proposed July extension for the National Flood Insurance Program left at least some Louisiana members of Congress worried that it would give critics of the program – led by retiring House Financial Services Chairman Jeb Hensarling, R-Texas – a chance to push through changes to the program that would hurt south Louisiana policyholders.

“But others were more hopeful that the looming deadline and Senate resistance to some of Hensarling’s proposals could result in a more favorable long-term deal on the program.

“The NFIP was initially set to expire at the end of September. But Congress has repeatedly punted on the issue with a series of short-term extensions tied to so-called “continuing resolutions” – or short-term deals to keep the federal government running.

“Tying the NFIP’s fate to government funding has given congressional leaders leverage to force through extensions of the program because derailing the broader package would result in a broader federal government shutdown.

“But the July proposed extension would split the NFIP from must-pass budget bills, leaving less power for leadership to push rank-and-file lawmakers to back an extension or potential changes.”

Upcoming Events

Southern Comfort on Sanibel – tonight, March 23, Friday, doors open a 6 p.m. at the Sanibel Community House – to benefit CROW – register online at www.CROWClinic.org
Youth Fishing Derby – March 31, Saturday, on Island A of Sanibel Causeway (1^st island next to high span), registration at 8:30 a.m., fishing begins at 9 a.m. Hosted by The Sanibel Island Fishing Club in cooperation with Lee County Parks & Recreation Department, the “Ding” Darling Wildlife Society and several other local organizations. Age groups are 9 and under, and ages 10 to 15. More info at 847-456-4650.
SanCap Cares 18^th Annual lsland Celebration – April 8, Sunday at 6 p.m. at The Sanctuary Golf Club – to benefit Golisano Children’s Hospital of Southwest Florida – details at SanibelCaptivaCares@gmail.com, 239-984-0381, http://www.SanCapCares.org

Florida Governor Scott Signs Real Estate-Related Bills Into Law

Posted today on-line on FloridaRealtors®:

“TALLAHASSEE, Fla. – March 23, 2018 – Gov. Scott signed a number of bills into law within the past week including a few that could impact Fla. Homeowners:

“CS/HB 935: Mortgage regulation

“The new law revises Ch. 494, Florida Statutes, governing non-depository loan originators, mortgage brokers and mortgage lender businesses subject to regulation by the Office of Financial Regulation to provide greater consumer protections. In some cases, the changes could impact the way home flippers finance repairs using a short-term loan before re-selling a property.

“The new law defines the term “business purpose loan” and says that it’s unlawful for anyone to misrepresent a residential mortgage loan as a business purpose loan. It also defines the term “hold himself or herself out to the public as being in the mortgage lending business.” It’s currently acceptable for an individual investor to make or acquire a mortgage loan with their funds, or to sell a mortgage loan, without being licensed as a mortgage lender, providing they don’t “hold himself or herself out to the public as being in the mortgage lending business.”

“The law is the Florida Legislature’s response to alleged unlicensed mortgage lending activity in South Florida. According to reports, some lending entities provided residential loans with usurious interest rates and high fees made under the guise of business purpose loans in order to avoid licensure and disclosure requirements under Ch. 494, F.S., as a mortgage lender. In some cases, they allegedly forced the borrower to form a limited liability company if they wanted the money. Effective date: July 1, 2019.

“CS/CS/HB 1011: Homeowner’s insurance policy disclosures

“This law requires homeowner insurance policies to disclose in bold, 18-point font that the policy does not cover flood damage. It expands the current required notice regarding flood insurance to include notice that the purchase of homeowner’s insurance does not cover floods, even if hurricane winds and rain caused the flood to occur. The notice will appear upon initial issuance and in each policy renewal. Effective date: Jan 1, 2019.

“HB 617: Covenants and restrictions

“This 28-page bill expands and modifies laws related to association covenants and restrictions. Effective date: Oct. 1, 2018”

“HB 193: Mortgage brokering

“This law reduces certain mortgage business regulations on securities dealers, investment advisors, and associated persons under certain conditions. Effective date: July 1, 2018”

Sanibel & Captiva Islands Multiple Listing Service Activity March 16-23, 2018

Sanibel

CONDOS

6 new listings: Loggerhead Cay #422 2/2 $535K, Sunset South #6D 2/2 $695K, Lighthouse Point #212 2/2 $769K, Seawind II #5 2/2.5 $825K, Compass Point #183 2/2 $1.295M, Poinciana #2B 3/2 $1.45M.

6 price changes: Blind Pass #B211 2/2 now $449K, Cottage Colony West #116 1/1 now $625K, Cottage Colony West #108 1/1 now $644.9K, By-The-Sea #C102 2/2 now $1.299M, Island Beach Club #230D 2/2 now $1.395M, White Pelican #133 now $1.989M.

6 new sales: Mariner Pointe #521 2/2 listed at $475K, Kimball Lodge #303 1/2 listed at $595K, Lighthouse Point #321 3/2 listed at $679K, High Tide #C101 2/2 listed at $899K, Gulfside Place #222 2/2 listed at $1.15M (our sale), High Tide #B102 2/2 listed at $1.795M.

2 closed sales: Sand Pointe #215 2/2 $690K, By-The-Sea #B202 2/2 $1.15M.

HOMES

9 new listings: 956 Dixie Beach Blvd 2/1 $449K, 9477 Peaceful Dr now $519K, 1643 Sand Castle Rd 3/2.5 $549K, 1338 Tahiti Dr 2/2 $565K, 1805 Ibis Ln 2/2 $569K, 721 Cardium St 2/2 $849K, 1244 Par View Dr 4/3 $1.149M, 2622 Coconut Dr 5/3.5 $2.799M, 1069 Bird Ln 4/3.5 $5.495M.

12 price changes: 9477 Peaceful Dr 3/2 now $519K, 958 Sand Castle Rd 3/2 now $595K, 1190 Sand Castle Rd 3/2 now $625K, 225 Daniel Dr 3/2.5 now $699K, 1183 Kittiwake Cir 3/2 now 768.9K, 1807 Serenity Ln 3/2 now $789K, 9446 Beverly Ln 3/3.5 now $799K, 239 Daniel Dr 3/2 now $998K (our listing – photos below), 1304 Eagle Run Dr 3/3 now $1.1M, 1672 Hibiscus Dr 3/2 now $1.159M, 519 Kinzie Island Ct 3/2.5 now $1.195M, 2479 Blind Pass Ct 3/2 now $1.25M.

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11 new sales: 1040 Sand Castle Rd 3/2 listed at $549K, 958 Sand Castle Rd 3/2 listed at $595K, 601 Sea Oats Dr 3/2 listed at $659.9K, 474 Lake Murex Cir 3/2 listed at $674.9K, 5280 Umbrella Pool Rd 3/3 listed at $675K, 9448 Begonia Ct 3/2.5 listed at $699K (our listing), 5410 Osprey Ct 3/2.5 listed at $799K, 1120 Shell Basket Ln 4/2 listed at $895K, 536 Lighthouse Way 4/4.5 listed at $2.995M, 4171 West Gulf Dr 3/2 listed at $3.248M, 1008 Bayview Dr 4/4.5 listed at $3.595M.

5 closed sales: 1029 Dixie Beach Blvd 2/2 $410K, 2005 Mitzi Ln 2/2 $525K, 5301 Ladyfinger Lake Rd 3/2 $625K, 3323 Twin Lakes Ln 3/3 $730K, 3010 West Gulf Dr 3/2 $745K.

LOTS

1 new listing: 1305 Seaspray Ln $795K.

2 price changes: 5821 Pine Tree Dr now $499K, 976 Whelk Dr now $689K.

No new or closed sales.

Captiva

CONDOS

1 new listing: Sunset Captiva #103 2/2/2 $999K.

No price changes, new sales, or closed sales.

HOMES

1 new listing: 11534 Laika Ln 4/3.5 $1.799M.

No price changes.

1 new sale: 9 Sunset Captiva 3/2 listed at $1.299M.

1 closed sale: 13550 Palmflower Ln 4/3.5 listed at $3.75M

LOTS

Nothing to report.

Until next Friday,

Susan Andrews, aka SanibelSusan

2017-08-08 Lighthouse beach log

Pre-Easter Things Hoppin’ on Sanibel

Posted on March 23, 2018 by SanibelSusan

Bunny hopping clip art It’s been another fun week with real estate on Sanibel Island. Between showings, offers, and inspections, The SanibelSusan Team is enjoying the end-of-season rush!

In typical late-March fashion, many island soon-departing snowbirds, visitors, and owners are scurrying to take care of local real estate needs before heading home.

Congress’ Budget Extends Flood Insurance to July

As posted today on FloridaRealtors® and sourced to The Advocate, Baton Rouge, La., Bryn Stole. Distributed by Tribune Content Agency, LLC.

“But others were more hopeful that the looming deadline and Senate resistance to some of Hensarling’s proposals could result in a more favorable long-term deal on the program.

“But the July proposed extension would split the NFIP from must-pass budget bills, leaving less power for leadership to push rank-and-file lawmakers to back an extension or potential changes.”

Upcoming Events

Southern Comfort on Sanibel – tonight, March 23, Friday, doors open a 6 p.m. at the Sanibel Community House – to benefit CROW – register online at www.CROWClinic.org
Youth Fishing Derby – March 31, Saturday, on Island A of Sanibel Causeway (1^st island next to high span), registration at 8:30 a.m., fishing begins at 9 a.m. Hosted by The Sanibel Island Fishing Club in cooperation with Lee County Parks & Recreation Department, the “Ding” Darling Wildlife Society and several other local organizations. Age groups are 9 and under, and ages 10 to 15. More info at 847-456-4650.
SanCap Cares 18^th Annual lsland Celebration – April 8, Sunday at 6 p.m. at The Sanctuary Golf Club – to benefit Golisano Children’s Hospital of Southwest Florida – details at SanibelCaptivaCares@gmail.com, 239-984-0381, http://www.SanCapCares.org

Florida Governor Scott Signs Real Estate-Related Bills Into Law

Posted today on-line on FloridaRealtors®:

“TALLAHASSEE, Fla. – March 23, 2018 – Gov. Scott signed a number of bills into law within the past week including a few that could impact Fla. Homeowners:

“CS/HB 935: Mortgage regulation

“CS/CS/HB 1011: Homeowner’s insurance policy disclosures

“HB 617: Covenants and restrictions

“This 28-page bill expands and modifies laws related to association covenants and restrictions. Effective date: Oct. 1, 2018”

“HB 193: Mortgage brokering

“This law reduces certain mortgage business regulations on securities dealers, investment advisors, and associated persons under certain conditions. Effective date: July 1, 2018”

Sanibel & Captiva Islands Multiple Listing Service Activity March 16-23, 2018

Sanibel

CONDOS

6 new listings: Loggerhead Cay #422 2/2 $535K, Sunset South #6D 2/2 $695K, Lighthouse Point #212 2/2 $769K, Seawind II #5 2/2.5 $825K, Compass Point #183 2/2 $1.295M, Poinciana #2B 3/2 $1.45M.

2 closed sales: Sand Pointe #215 2/2 $690K, By-The-Sea #B202 2/2 $1.15M.

HOMES

DCIM100MEDIADJI_0023.JPG

DCIM100MEDIADJI_0002.JPG

5 closed sales: 1029 Dixie Beach Blvd 2/2 $410K, 2005 Mitzi Ln 2/2 $525K, 5301 Ladyfinger Lake Rd 3/2 $625K, 3323 Twin Lakes Ln 3/3 $730K, 3010 West Gulf Dr 3/2 $745K.

LOTS

1 new listing: 1305 Seaspray Ln $795K.

2 price changes: 5821 Pine Tree Dr now $499K, 976 Whelk Dr now $689K.

No new or closed sales.

Captiva

CONDOS

1 new listing: Sunset Captiva #103 2/2/2 $999K.

No price changes, new sales, or closed sales.

HOMES

1 new listing: 11534 Laika Ln 4/3.5 $1.799M.

No price changes.

1 new sale: 9 Sunset Captiva 3/2 listed at $1.299M.

1 closed sale: 13550 Palmflower Ln 4/3.5 listed at $3.75M

LOTS

Nothing to report.

Until next Friday,

Susan Andrews, aka SanibelSusan

2017-08-08 Lighthouse beach log

Almost Time to Get Your Island Green On

Posted on March 16, 2018 by SanibelSusan

2018-03-15 WW1 2018-03-15 WW2 2018-03-15 WW3

It’s SanibelSusan reporting another week of glorious Florida winter. Several mornings had temperatures down into the 50’s, followed by afternoons in the mid-70’s. Other than the occasional stiff breezes that have brought in some red tide, it has been very nice – bright and beautiful. (The pictures above were taken noon-ish yesterday on the beach in front of West Wind Inn.) Again this week, visitors and vacationers are having fun, as the bike paths continue to be busy, especially with families.

Colleagues in the accommodation business say that the upcoming rental week (Mar 17-24) is the first in several where they have vacancies, but that probably won’t slow things down on the island as Lee County Schools are off next week. Today and tomorrow, the Lions Club Arts & Crafts Fair at The Community House, across the street from our office, will keep Periwinkle busy.

Here at SanibelSusan Realty, we’ve had both sales and good showing activity this week. The activity since last Friday, as posted in the islands Multiple Listing Service follows a couple of new items.

Lower Your Wind Insurance Premium

Nice write-up in today’s “Island Sun” by island Association of Realtors® Affiliate, Angela Larson Roehl with Rosier Insurance:

“Consider having a wind mitigation inspection done. What is a wind mitigation inspection? The wind mitigation inspection breaks down the following information for carriers to apply applicable credits:

Building code compliance
Type of roof covering
Roof deck attachment
Roof to wall attachment
Roof geometry
Secondary water resistance
Opening protection.

“The wind mitigation inspection has evolved over the past 10 years or so, from being a simple two-page inspection with no photos, to now being four pages that must also include color photos to substantiate the information listed on the report. Wind mitigation inspections are valid for five years.

‘So what wind mitigation credits could potentially save you money on your wind premium? If your home has any of the following:

Florida Building Code credit relaying the roof was completed after March 1, 2002.
Roof deck attachment – B or C
Roof to wall attachment showing either clips, single wraps, or double wraps
Roof style – Hip
Secondary water resistance
Class A opening protection showing all exterior openings protected for cystic pressure of a nine-pound large missile (4.5 pounds for skylights)

“Credits for each of the above mitigation features can vary depending on the carrier. It’s best to consult your insurance agent to confirm the mitigation credits your policy already is providing and to see if having a new wind mitigation inspection could assist in lowering your wind insurance premium.” You can reach Angie at info@rosierinsurance.com.

In 2006, Florida became the first state in the nation to mandate that insurance companies offer some reduction insurance costs if a wind mitigation inspection is sought and certified upon review by a qualified inspector (usually a board-certified contractor, architect or engineer). Some Florida home inspectors are certified to prepare Wind Mitigation Reports too. Ron Dehler with Horizon Inspection Service, Inc. is one, HorizonInspection.com. We often recommend that buyers save time and money by having a wind mitigation inspection done at the same time as their standard home inspection.

Upcoming Events

St Patrick’s Day Fun – tomorrow, Mar 17 – several local establishments have special events & meals planned:

American Legion Post 123 on San-Cap Rd – St. Patrick’s Day Celebration with corned beef & cabbage from noon to 8 p.m.
George & Wendy’s Sanibel Seafood Grille, 2499 Periwinkle Way, “Eat, Drink, & Be Irish”, serving corned beef & cabbage, green beer, band & more, 5 to 11:30 p.m.
Fish Madness at The Sanibel Grill, 703 Tarpon Bay Rd – open for lunch today through Sun, Mar 18 for March Madness, corned beef special on St. Paddy’s Day
Matzaluna, 1200 Periwinkle Way, featuring corned beef & cabbage pizza on St. Patrick’s Day
Traditions on the Beach at 3111 West Gulf Dr – St Patrick’s Day Irish menu, party favors, live music & dancing, reservations recommended, 239-472-4559

FREE Spring Concert – Tues, Mar 20 at 7:15 p.m. – Combined voices of the Shell Point Singers & the BIG ARTS Community Chorus at Shell Point’s Village Church, 7:15 p.m., tickets not required, info at 239-454-2290. (It’s also not too early to get your tickets for the BIG ARTS Chorus spring concerts Apr 4 & 5. See below.)

2018 chorus poster

What’s a Seller’s Continuing Maintenance Requirement?

Good article posted on-line today, by Attorney Meredith Caruso who is Manager of Member Legal Communications for Florida Realtors®. She works with the state Forms Content Committee where I serve.

“Often sellers choose a contract based on the repair requirements involved. Do they use a contract that requires no repairs, like the Florida Realtors/Florida Bar “As Is” Residential Contract for Sale and Purchase (As Is FR/Bar)? Or do they prefer a repair obligation up to a specified limit, which they can do if they choose the Florida Realtors/Florida Bar Residential Contract for Sale and Purchase (FR/Bar) or Florida Realtors Contract for Residential Sale and Purchase (CRSP)?

“Either way, it’s important for both Realtors and the transaction parties to understand potential additional repair obligations contained within the contracts.

“If using the “As Is” FR/Bar contract, the seller has no obligation to make repairs based on the buyer’s inspection results. But what happens if, after the inspection period on this contract, the seller’s air conditioning unit (which was noted as “older” in the inspection report) simply stops working? With no repair obligation, can the seller simply say “too bad” to the buyer and expect the buyer to proceed to closing?

“In short, no. And here’s why: Based on the language in paragraph 11, the Property Maintenance section, excluding normal wear and tear and Casualty Loss, the seller is obligated to maintain the property including, but not limited to, the lawn, shrubbery and pool, in the condition existing as of the Effective Date of the contract.

“This means that the seller may not have repair obligations under the inspection section of the As Is FR/Bar contract, but the seller does have to keep the property in relatively the same condition it was when the parties went under contract.

“Some other examples could include a neighborhood kid accidentally hitting a ball through a window or the pool pump no longer functioning. Assuming there was no hole in the window and the pool pump functioned fine when the parties went under contract, the seller must fix those items.

“It’s important to note that this potential repair obligation also extends to contracts where the seller is obligated to make repairs pursuant to a buyer’s inspection. If using either the FR/Bar or the CRSP contract, the seller has to make any repairs up to the repair limit(s) as laid out in the contract. However, if the refrigerator stops working right before closing, the seller is also obligated to fix that as well. This is an additional repair beyond the inspection repair obligation already contained in the contract.

“Why? Because a refrigerator that isn’t working right before closing – when it was working at the time the parties went under contract – needs to be repaired based on the property maintenance language in the contracts. For the FR/Bar this is also paragraph 11; for the CRSP, this language is in paragraph 8.

While these particular sections of the contracts may not come into play very often, it’s important to know of the potential obligation just in case “things happen,” as they tend to do.”

Sanibel & Captiva Islands Multiple Listing Service Activity March 9-16, 2018

Sanibel

CONDOS

6 new listings: Seashells #42 2/2 $379.9K, Sundial West #I404 1/1 $484K, Seawind #109 2/2.5 $530K, Loggerhead Cay #314 2/2 $569K, Pointe Santo #B21 2/2 $749K, Nutmeg Village #103 2/2 $810K.

7 price changes: Captains Walk #B2 1/1 now $239K (our listing), Sunset South #7C 2/2 now $569.5K, Kimball Lodge #303 1/2 now $595K, Compass Point #232 2/2 now $659K, Sundial East #Q404 2/2 now $949K, Tanglewood #1A 3/2 now $1.045M, Tamarind #B302 2/2 now $1.789M.

5 new sales: Tennisplace #E32 2/1 listed at $299K (our sale), Sandpebble #4D 2/2 listed at $439K, Sanibel Arms West #H2 2/2 listed at $499K, Sand Pointe #122 2/2 listed at $649K (our listing), Poinciana #3C 3/2 listed at $1.725M.

1 closed sale: Sundial #J207 2/2 $670K.

HOMES

5 new listings: 396 Lake Murex Blvd 3/2 $774.9K, 1120 Shell Basket Ln 4/2 $895K, 784 Limpet Dr 4/3 $1.95M, 1008 Bayview Dr 4/4.5 $3.595M, 4431 Waters Edge Ln 3/4 $6.495M.

16 price changes: 1438 Sandpiper Cir 3/2.4 half-duplex now $379.9K, 6143 Henderson Rd 4/3 now $424K, 5299 Umbrella Pool Rd 3/2.5 now $499K, 752/754 Cardium St 4/2 duplex now $579K, 744 Martha’s Lin 2/2 now $598K, 1323 Par View Dr 3/2 now $639K, 601 Sea Oats Dr 3/2 now $659.9K, 5430 Osprey Ct 3/3 now $699K, 5739 Pine Tree Dr now $819K, 9027 Mockingbird Dr 4/3 now $859K, 1350 Middle Gulf Dr 3/3 half-duplex now $889K, 1656 Middle Gulf Dr 3/4 now $949.9K, 6412 Pine Ave 4/2.5 now $1.195M, 267 Ferry Landing Dr 3/2 now $1.689M, 3009 Turtle Gait Ln 4/4.5 now $2.995M, 536 Lighthouse Way 4/4.5 now $2.995M.

7 new sales: 1029 Dixie Beach Blvd 2/2 listed at $419K, 707 Cardium St 3/2 listed at $879K, 1265 Par View Dr 3/2.5 listed at $899K, 940 Spoonbill Ct 3/2.5 listed at $1.095M, 2629 Coconut Dr 2/3 listed at $1.198M, 2263 Starfish Ln 5/4.5 listed at $1.699M, 514 Kinzie Island Ct 4/5 listed at $1.895M.

4 closed sales: 1513 Sand Castle Rd 3/2.5 $677K, 1245 Anhinga Ln 3/2 $799K, 5657 Sanibel-Captiva Rd 3/2 $865K, 1152 Buttonwood Ln 3/3.5 $1.235M.

LOTS

1 new listing: 6095 Dinkins Bayou Rd $289,555.

No price changes, new, or closed sales.

Captiva

CONDOS

5 new listings: Tennis Villas #3129 1/1 $325K, Tennis Villas #3136 1/1 $340K, Tennis Villas #3230 2/2 $469K, Beach Villas #2426 1/1 $545K, Marina Villas #901 2/2 $785K.

No price changes.

1 new sale: Beach Homes #22 2/2 listed at $2.095M.

1 closed sale: Bayside Villas #5202 1/2 $360K.

HOMES

4 new listings: 55 Sandpiper Ct 3/2 $1.049M, 9 Sunset Captiva Ln 3/2 $1.229M, 11525 Chapin Ln 4/4 $1.64M, 16179 Captiva Dr 6/6 multi-family $5.5M.

4 price changes: 16813 Captiva Dr 3/3 now $2.45M, 16814 Captiva Dr 2/2.5 now $5.45M, 16596 Captiva Dr 5/5/2 now $7.9M, 17030 Captiva Dr 6/7.5 now $9.25M.

1 new sale: 11535 Chapin Ln 4/3 listed at $1.359M.

2 closed sales: 11531 Paige Ct 4/3.5 $3.25M, 1121 Schefflera Ct 4/4.5 $5.25M.

LOTS

Nothing to report.

Our colorful St. Patrick’s Day ad got us the back page of the “Island Sun” this week. Here’s it is. Don’t forget to wear your green tomorrow!

Until next Friday, Susan Andrews, aka SanibelSusan Island Sun 3-16-18

Sanibel’s Mini-Chill Is Like Heaven!

Posted on March 9, 2018 by SanibelSusan

View c Master Bedroom View Sanibel and Captiva had another touch of island-style winter yesterday with temperatures barely out of the 60’s, but with bright blue skies and a fairly stiff breeze. It has been more of the same is today, then expected to be back to the high 70’s tomorrow, until the next mini-chill arrives. This time of the year, temperature changes often are the residual effects from pre-spring storms in the northeast.

Yesterday at the islands’ Association of Realtors® morning caravan meeting, more sales were announced followed by comments like “the market was late in getting rolling this winter”. Often the most island sales activity is from mid-January to Easter, but for some reason, this year that action picked up late. With Easter early this year, March could quickly make up for lost time. The recent snowstorms probably will help.

With just three weeks of high season left, plenty of price reductions were announced at yesterday’s meeting too. The above photos are the views from our listing at Mariner Pointe #1061 (price just reduced to $549,900). (More info and streaming video under the “Search SanibelSusan Listings” tab above.)

Rumor has it that the first car transport recently was spotted, that’s usually a sign that the first group of snowbirds are about to take flight.

The action posted since last Friday in the Sanibel & Captiva Islands Multiple Listing Service follows a couple of news items below. The first was posted on line today at FloridaRealtors®. Their source is Copyright © 2018 The Kiplinger Washington Editors, Pat Mertz Esswein. Though lengthy, it’s worth the read.

What Will Happen With Home Prices This Year?

“New Jersey is the poster child for the high-cost, high-tax states where housing markets – and homeowners – are supposed to suffer under the new tax law. Patrice and Kalvin Sosoo, of Teaneck, N.J., have a toddler, Kingsley, and a baby on the way, so they’re in the market for a larger place. But the Sosoos aren’t deterred by the new rules, even though housing costs for their next home are likely to be higher.

Under the new law, homeowners with existing mortgages taken out before Dec. 15, 2017, can continue to deduct interest on up to $1 million of mortgage debt. After that date, the limit for all “acquisition debt” – money used to buy, build or substantially improve a home – falls to $750,000. The deductibility of interest on home-equity loans or lines of credit, old or new, that are used for other purposes – such as paying for a vacation, a car or a college education–disappears. Plus, the deduction for state and local taxes, including property taxes, will be capped at $10,000.

“While living in their first home, the Sosoos itemized deductions on their federal tax return, including $11,000 in annual property taxes. The Sosoos have set a price limit of $700,000 on their next home, so they will still be able to deduct all of their mortgage interest. But they’ll take a major hit on the deductibility of their state and local taxes; they estimate that property taxes alone will run them about $15,000 annually.

“Taxes here are crazy, and the $10,000 limit kind of hurts,” says Patrice. But when they file their taxes for 2018, a tax-rate cut and the higher standard deduction could offset at least some of the loss in state and local tax deductions.

Limited damage

“The new law raises the standard deduction to $12,000 for single filers, $18,000 for head-of-household filers and $24,000 for married couples who file jointly. That may make the limits on deduction of mortgage interest and state and local taxes a moot point for many homeowners, who will benefit by switching from itemizing to taking the standard deduction.

“And despite the agitation that followed passage of the tax law, the changes will affect relatively few homeowners. In 2017, about 100,000 home buyers, or just 3.9% of all buyers nationally, took out a mortgage that exceeded $750,000, and they’re mainly concentrated in the Bay Area of California and the New York metro area, according to ATTOM Data Solutions, which analyzes property data.

“ATTOM also found that 4.1 million homeowners, or 4.4% of all homeowners, paid more than $10,000 in property taxes, and they’re concentrated in high-tax counties in the Bay Area, Connecticut, Illinois, New Jersey, New York and Texas.

“But high-earners in places with lower property taxes could also hit the limit. Many high-income homeowners who are subject to the alternative minimum tax were already limited to deducting interest only on mortgage or home-equity debt used to buy, build or improve their homes, and they were prohibited from deducting state and local taxes.

What do the changes to the tax law mean for home prices?

moody's logo “Moody’s Analytics expects the housing market to continue recovering in 2018, the seventh year since the market hit bottom. But Moody’s predicts that by 2019, home prices nationally will be 3.7% lower, on average, than they would have been otherwise.

“The value of tax benefits was baked into home prices in high-cost, high-tax areas, so home prices will rise more slowly as prospective buyers try to contain the after-tax cost of homeownership. Some renters may rent longer or choose not to buy at all. Some buyers will look for less-expensive homes. Sellers of higher-end trade-up homes will feel more pressure to lower their prices.

“There buyers not only will hit the mortgage-interest and tax caps but also will be more likely to take the standard deduction and discontinue itemizing, especially if they have no other sizable deductions besides housing costs, says Andres Carbacho-Burgos, a housing economist at Moody’s Analytics.

“High-cost counties that will see home-price appreciation slow are concentrated on the West Coast, in the largest metro areas of Texas, in Chicago, and in the states from Massachusetts to Virginia. New Jersey is the worst case because it has the highest average property tax rate of the 50 states and the largest share of high-tier markets. Moody’s figures that by mid-2019, New Jersey’s home prices will fall by 2% from the year before.

“The trend of people moving from high-cost to lower-cost states will accelerate, says Lawrence Yun, chief economist at the National Association of Realtors. Home prices will continue to rise in states such as Arizona, the Carolinas, Colorado, Florida, Nevada, Texas and Utah as more people move in than out. But prices in Connecticut, Illinois, New Jersey and New York will decline as more people leave.

Home prices around the U.S.

“Prices increased nationally by 5.4% in 2017, compared with 5.8% in 2016, according to Clear Capital, a provider of real estate data and analysis. Jobs fueled demand from millennials and Generation Xers, who competed for a dearth of starter and trade-up homes and drove up prices.

“Home values rose in 269 of the 299 cities tracked by Clear Capital, going up by double digits in about one-seventh of them. With the exception of San Jose, Calif., epicenter of the tech boom, the places with the biggest gains were mostly smaller cities on the West Coast, in the Mountain states or in Florida that are attracting buyers priced out of larger cities nearby or have thriving economies. The cities where prices lost ground have moribund economies. They’re mostly located in Upstate New York, the Rust Belt and the South.

“CoreLogic, a financial data and analytics company, forecasts that prices will rise by about 4% in 2018, reverting to their historical pace. Frank Nothaft, chief economist at CoreLogic, says that in late 2017, CoreLogic analyzed home prices in the largest 100 metro areas and found that about one-third of them were overvalued by 10% or more, based on the long-term relationship between income and home prices.

“Are they in bubble trouble? “No,” says Nothaft. “It’s more an amber warning light indicating erosion of affordability.”

“Nothaft says historically low mortgage rates have helped to mask declining affordability, and when rates edge up in 2018, affordability will erode, adding to the potential for a slowdown in sales and price appreciation.

An unbalanced market

“The U.S. homeownership rate reached 64.2% in 2017, and it’s on a sustainable upward track, according to the U.S. Census. (The homeownership rate peaked at 69.2% in 2004.) Throughout 2017, the number of new homeowners exceeded the number of new renters, and first-time home buyers accounted for nearly one-third of all home sales. Millennials are making their first foray into ownership, and Gen Xers are transitioning from renting back to owning, says Yun. But until the inventory of new and existing homes increases, many would-be first-time buyers will be forced to continue renting.

“Existing homeowners are staying put longer than ever, and the share of repeat home buyers fell slightly between 2016 and 2017. Many homeowners would like to sell, but they fear they won’t be able to find another home they want. Others don’t want to give up their cheap mortgages.

“New homes are the key to unlocking the inventory stalemate, and with more new homes coming to market, the acuteness of the overall housing shortage is past, says Yun. “This year won’t be as bad for buyers as 2017, but it won’t be back to normal, either,” he says.

“As the housing market approaches the spring sales season, one thing is sure: Most people buy or sell homes for reasons other than tax benefits. “They’re getting married, having kids, or they’ve changed their jobs, or they’re retiring,” says Ralph McLaughlin, chief economist at Trulia, an online real estate marketplace. “The tax benefits are of less importance to them.”

“Mortgage outlook: Rates will ratchet up

FreddieMacLogo_3 “The 30-year fixed rate has lingered at about 4% or less since mid-2011, but this is the year mortgage rates will begin to rise from historic lows. The Federal Reserve is all but certain to continue ratcheting up short-term rates, and yields on 10-year Treasuries, which are tied to the 30-year mortgage rate, have already jumped. In early February, the national average 30-year fixed rate was 4.2%, according to Freddie Mac. By the end of 2018, Kiplinger expects the 30-year fixed rate to hit 4.5% and the 15-year fixed rate to reach 4.2%, up from 3.7% in early February.

“Borrowers who have a FICO credit score of 720 or higher and a down payment of at least 30% will get the best rates. Lenders will look at your whole credit profile, however, and consider factors that will offset risk, such as making a larger down payment or having other assets, says Guy Cecala, publisher of Inside Mortgage Finance. You still must be prepared to produce heaps of documentation of your income and assets and answer persnickety questions.

“With rising home prices and increasing equity, homeowners who haven’t refinanced yet could still snag a low fixed rate. As rates rise, 5/1 and 7/1 adjustable rate mortgages, which lock in a lower rate for five or seven years and then default to a one-year ARM, could gain popularity. Rates on jumbo loans (with a loan amount of $453,100 or more or, in high-cost areas, $679,650 or more) may be even lower than on conforming loans, says Cecala.

“When you shop, include an independent mortgage broker or two along with your bank or credit union and nonbank lenders such as Quicken, Caliber Home Loans or LoanDepot. Brokers may be able to find a cheaper deal through their wholesale channel than you could by approaching lenders directly.”

Congratulations to Shell Festival Winners

The island papers this week include the “Ribbon Report” from the 2018 Sanibel Shell Show. It was great to read of that some of our friends, clients, blog followers, and chorus pals won awards!

Dianne Reich’s sailor’s valentine received a 2^nd place ribbon.

Cheri Hollis’s shell photo got a 3^rd place ribbon.

Cheri hollis pix

Barb Walling’s professional flower arrangement made of shells won a 1^st place ribbon. Barb’s professional sea-life arrangement also earned a 1^st place.

Congratulations to all who participated.

Upcoming Island Events

35th Annual Sanibel-Captiva Lions Club Fine Arts & Crafts Fair – next week, 3/16 & 3/17 at The Community House across the street from SanibelSusan Realty. Fri 9 a.m. to 5 p.m. Sat 9 a.m. to 4:30 p.m.

The Launch – Sat 3/24 from 6 to 10 p.m., celebrating The Past, Present & Future of Our Coastal Heritage, sponsored by Coastal Keepers at The Sanibel Community House. To make a reservation call (239) 472-8585.

Sanibel & Captiva Islands Multiple Listing Service Activity March 2-9, 2018

Sanibel

CONDOS

5 new listings: Sandpebble #4D 2/2 $439K, Sanibel Moorings #1611 2/2 $509K, Breakers West #A4 2/2 $549.9K, Sundial East #T301 2/2 $845K, Sundial East #P204 2/2 $899K.

3 price changes: Mariner Pointe #1061 2/2 now $549.9K (our listing), Lighthouse Point #321 3/2 now $679K, Loggerhead Cay #163 2/2 now $799,999.

4 new sales: Mariner Pointe #241 2/2.5 listed at $629K, Sundial West #J408 2/2 listed at $679K, Snug Harbor #211 2/2 listed at $769K, Sanddollar #B301 2/2 listed at $1.149M.

2 closed sales: Blind Pass #D101 2/2 $415K, Seascape #202 3/3.5 $2.195M.

HOMES

2 new listings: 9471 Peaceful Dr 3/2 $469K, 330 East Gulf Dr 3/2 $1.15M.

14 price changes: 9225 Belding Dr 3/2 now $449.9K, 225 Daniel Dr 3/2.5 now $719K, 9028 Mockingbird Dr 4/3 now $869K, 3941 Coquina Dr 3/2 now $949K, 5313 Punta Caloosa Ct 4/3 now $965K, 1724 Bunting Ln 3/4 now $975K, 1304 Eagle Run Dr 3/3 now $1.0995M, 824 Birdie View Pt 3/3 now $1.169M, 580 Lake Murex Cir 4/2 now $1.195M, 529 Lighthouse Way 3/3 now $1.22M, 534 N Yachtsman Dr 3/2 now $1.298M, 2857 Wulfert Rd 4/5 now $1.598M, 490 Sawgrass Pl 3/2.5 now $1.675M, 4689 Rue Belle Mer 5/6.5 now $6.995M.

6 new sales: 1625 Sand Castle Rd 3/3 half-duplex listed at $619K, 1342 Junonia 3/3 listed at $669K, 1295 Par View Dr 3/2 listed at $675K, 5757 Baltusrol Ct 3/3 listed at $1.497M, 6021 Sanibel-Captiva Rd 4/3/2 listed at $2.499M, 1304 Seaspray Ln 3/2.5 listed at $4.345M.

3 closed sales: 1943 Sanibel Bayou Rd 3/3 $629.5K, 1307 Par View Dr 3/3 $970K, 1077 Bird Ln 4/4/2 $5.5M.

LOTS

No new listings.

3 price changes: 9226 Kincaid Ct now $159K, 1204 Par View Dr now $329K, 4995 Joewood Dr now $2.495M.

No new sale or closed sales.

Captiva

CONDOS

2 new listings: Marina Villas #803 2/2 $749K, Beach Homes #17 4/3 $3.395M.

No price changes or new sales.

1 closed sale: Beach Cottages #1403 2/2 $1.125M

HOMES

No new listings.

1 price change: 15138 Wiles Dr 6/5.5 now $6.999M.

No new sales.

1 closed sale: 11521 Andy Rosse Ln 7/8 $2.25M.

LOTS

Nothing to report.

Until next Friday, Susan Andrews, aka SanibelSusan Sanibelsusan Logo

Another Friday On Sanibel

Posted on January 12, 2018 by SanibelSusan

A steady increase in traffic is noticeable here on the island, which we expect to continue through Easter. The weather has been great this week, but an additional cold front is expected to arrive this weekend and is due to stay around all next week. Wednesday morning low looks to be in the 30’s.

Boat Ramp Rehabilitation Project Complete

The City of Sanibel Boat Ramp Rehabilitation project is complete and now open to the public. The project consisted of removal and replacement of the deteriorated concrete boat ramp. The completed boat ramp includes modified slopes for improved boating access and a new v-groove pattern for added vehicle traction. The dock walkways were widened and a railing added for safety. Parking at the boat ramp is available as paid hourly or through a valid Sanibel “C” parking pass.

Sanibel & Captiva Multiple Listing Service Activity January 5-12, 2018

Sanibel

CONDOS

4 new listings: Sundial West #J307 2/2 $759K, Surfside 12 #A1 3/2 $799K, Sanibel Arms West #D5 2/2 $849K, By-The-Sea #B202 2/2 $1.249M.

6 price changes: Lighthouse Point #220 2/2 now $450K, Mariner Pointe #521 2/2 now $475K, Sanibel Arms West #H2 2/2 now $499K, Mariner Pointe #1061 2/2 now $589.9K (our listing), High Tide #C101 2/2 now $939K, Gulfside Place #123 2/2 now $1.248M.

1 new sale: Blind Pass #D105 2/2 listed at $419K.

4 closed sales: Sundial West #G105 1/1 $425.1K, Loggerhead Cay #153 2/2 $870K, Sanibel Moorings #1221 3/2.5 $965K, By-The-Sea #9 3/2 $1.749M.

HOMES

8 new listings: 6143 Henderson Rd 4/3 $489K, 1169 Sand Castle Rd 3/2 $679K, 1550 Centre St 4/3 $725K, 1245 Anhinga Ln 3/2 $875K, 938 Pecten Ct 3/2.5 $1.195M, 569 Lighthouse Way 3/3 $1.395M (our listing), 4641 Belle Mer 3/2.5 $3.295M, 1310 Seaspray Ln 4/4 $5.795M.

6 price changes: 3784 Coquina Dr 3/3 now $625K, 9446 Beverly Ln 3/3.5 now $874.5K, 1470 Angel Dr 3/2 now $920K, 5402 Osprey Ct 4/3 now $1.025M, 1672 Hibiscus Dr 3/2 now $1.249M, 2167 Starfish Ln 4/4.5 now $1.975M.

8 new sales: 9292 Kincaid Ct 3/2 listed at $489K, 5301 Ladyfinger Lake Rd 3/2 listed at $649K, 1323 Par View Dr 3/2 listed at $649K, 1513 Sand Castle Rd 3/2.5 listed at $689K, 1314 Par View Dr 3/2 listed at $800K, 1341 Sand Castle Rd 3/2 listed at $845K, 1035 Kings Crown Dr 4/3 listed at $1.7495M, 547 Kinzie Island Ct 4/4.5 listed at $1.789M.

4 closed sales: 1312 Par View Dr 3/2 $685K, 700 Nerita St 3/2 $675K, 932 Whelk Dr 3/3 $1.15M, 3869 West Gulf Dr 6/7/2 $7.8M.

LOTS

7 new listings: 1313 Par View Dr $365,555; 809 Pyrula Ave $475K; 217 Violet Dr $575K; 3304 Saint Kilda Rd $699K; 6000 White Heron Ln $169K; 0 Sawgrass Pl $949K; 1321 Seaspray Ln $995K.

3 price changes: 2486 Wulfert Rd now $169K, 0 Island Inn Rd now $279K, 5251 Indian Ct now $729K.

No new or closed sales.

Captiva

CONDOS

1 new listings: Beach Villas #2621 2/2 $650K.

No price changes or new sales.

3 closed sales: Sunset Captiva #201 2/2 $830K, Beach Homes #7 2/2 $1.4M, Beach Homes #8 4/3 $2.35M.

HOMES

1 new listing: 10 Sunset Captiva Ln 2/2.5 $989K.

1 price change: 11509 Chapin Ln 4/4 now $2.149M.

2 new sales: 15154 Wiles Dr 4/3 listed at $1.495M, 16167 Captiva Dr 4/3 listed at $1.595M.

1 closed sales: 14865 Mango Ct 2/2 $850K.

LOTS

Nothing to report.

Have a Great Weekend!

Elise for The SanibelSusan Team

Brrrr…It’s Cold Outside

Posted on January 5, 2018 by SanibelSusan

Well, this week has been a cold week on Sanibel. We won’t complain though, as we are thinking of everyone elsewhere in the US dealing with far greater cold temps. Stay warm & safe everyone.

Insurers Try New Tactic To Limit Damage Claims

Here is an article posted on FloridaRealtors® website: Some Florida homeowners are discovering their insurance companies are employing an interesting strategy to avoid future claims costs.

Settlement checks sent by at least three companies include language stating that accepting the check releases the companies from further obligations connected to the claim.

Plaintiffs’ attorneys say they have major problems with this strategy: It tries to intimidate policyholders into not seeking payment for additional costs that come up during repairs and is likely unenforceable.

Palmetto Bay-based trial attorney Joe Ligman pointed to a section of Florida insurance law stating an insurer, after paying “actual cash value” for an insured loss minus any applicable deductible, “shall pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred.”

But that’s not what notices from two of Florida’s largest insurers say.

On the back side of checks sent to homeowners, Fort Lauderdale-based Universal Property & Casualty includes the statement that an endorsement by the payee “constitutes receipt and release in full settlement for the claim or item mentioned in the draft.” Universal P&C is the state’s largest property insurer, with 612,227 policies statewide and 237,172 in the tri-county region as of Sept. 30, according to state records.

Along with a check sent to at least one of its homeowners, Deerfield Beach-based People’s Trust Insurance sent a letter stating that “your endorsement of the indemnity check constitutes a full accord and satisfaction of a disputed loss.”

And a third company, Sarasota-based Gulfstream Property and Casualty Insurance Co., enclosed with checks to at least two victims of Hurricane Irma a “release of property damage” that “does hereby … release, acquit and forever discharge” the company and its officials “from any and all claims, actions, causes of actions, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever” stemming from the hurricane.

By contrast, state-run Citizens Property Insurance Corp. acknowledged in December that rising labor and materials costs triggered by Hurricane Irma would likely result in higher repair costs than initially estimated.

“As they go through the claims and repairs process, things will come up that may require us to readdress [and reopen] the claim,” Citizens spokesman Michael Peltier said Wednesday.

Locke Burt, chairman and president of Ormond Beach-based Security First Insurance, said his firm does not send release language with its claims checks “because we agree with the trial lawyer. It wouldn’t stand up in court.” Plus, he said, “We wouldn’t treat people that way.”

The Sun Sentinel contacted Universal P&C, People’s Trust and Gulfstream and asked each why they assert that acceptance of a settlement check releases them from supplemental claims.

The state law requiring insurers to pay any remaining amounts for additional work does not apply to People’s Trust, which operates a unique business model known as “managed repair,” countered Amy Rosen, the company’s chief marketing officer.

The company, with 129,626 policies statewide and 56,511 in the tri-county region, provides a premium discount in exchange for a customer’s agreement to use its affiliated “Rapid Response Team” contractor to make repairs. Rosen said it only sends the letter asserting acceptance of its check releases it from future obligations when a policyholder “wishes to receive a monetary payment in exchange for [the company’s] agreement to waive its right to have [the Rapid Response Team] perform the repairs.”

“If the insured accepts the monetary payment … then a settlement has been reached,” Rosen said. “If the insured does not accept the payment, then [the Rapid Response Team] repairs the property and, if additional covered damage is found, that is also repaired.”

Perry Cone, Gulfstream’s general counsel, declined to respond to questions about why it directs its policyholders to sign the release forms. “Gulfstream absolutely follows Florida law in its claims handling processes,” Cone wrote.

Travis Miller, spokesman for Universal Property & Casualty, said the statement on the checks “does not preclude claims for replacement costs or supplemental damage,” adding it “represents payment for items that have been reported to the insurer, have been reviewed, and are included within the scope of the draft.” He said other statements with the check will specify that the release pertains to a portion of coverage the check is for, such as additional living expenses, and “does not affect other payments such as replacement costs or other portions of the same claim [or any other claim.]”

Trial attorney Ligman, representing a policyholder who has declined to endorse a check from Universal, has filed a petition asking a Miami-Dade County circuit court judge to determine whether endorsement of the company’s check would bar him from making future claims.

“Universal refuses to change their check policy and continues to send the check release endorsement in violation of Florida law in order to trick their insureds to believe that they are releasing all future claims,” the petition states.

Sanibel & Captiva Multiple Listing Service Activity December 29, 2017 – January 5, 2018

Sanibel

CONDOS

1 new listing: Sandy Bend #4 2/2 $779K.

6 price changes: Tennisplace #D21 1/1 now $244.8K, Captains Walk #B2 1/1 now $249K (our listing), Lighthouse Point #220 2/2 now $450K, Pine Cove #102 3/2 now $1.25M, Gulfside Place #123 2/2 now $1.273M, Plantation Village #312 3/2.5 now $1.749M.

1 new sale: By-The-Sea #9 3/2 listed at $1.749M.

2 closed sales: Sanibel Arms #F2 1/1 $470K, Nutmeg Village #205 2/2 $745K.

HOMES

8 new listings: 9477 Peaceful Dr 3/2 $537K; 887 Casa Ybel Rd 5/3 duplex $575K; 1513 Sand Castle Rd 2/2.5 $689,000; 3010 West Gulf Dr 3/2 $799K; 529 Lake Murex Cir 3/2 $799,997; 9028 Mockingbird Dr 4/3 $889K; 4960 Joewood Dr 3/3 $1.049M; 940 Spoonbill Ct 3/2.5 $1.195M.

6 price changes: 9292 Kincaid Ct 3/2 now $489K, 4542 Bowen Bayou Rd 3/2 now $548K, 1327 Tahiti Dr 2/2 now $630K, 6123 Starling Way 3/2.5 now $1.225M, 1995 My Tern Ct 4/2 now $1.389M; 2029 Periwinkle Way 4/3 now $1.899M.

12 new sales: 1613 Sand Castle Rd 3/2.5 listed at $499K, 9446 Yucca Ct 3/2 listed at $545K, 2521 Key Lime Pl 3/2 listed at $599K, 241 Violet Dr 3/2.5 listed at $750K, 335 East Gulf Dr 3/2 listed at $1.095M, 1307 Par View Dr 3/3 listed at $1.1M, 1277 Par View Dr 4/3.5 listed at $1.15M, 1106 Buttonwood Ln 3/2 listed at $1.2M, 1313 Eagle Run Dr 3/3 listed at $1.35M, 1052 Whisperwood Ln 3/3 listed at $1.499M, 3945 West Gulf Dr 3/3 listed at $3.195M, 4115 West Gulf Dr 4/5 listed at $5.485M.

4 closed sales: 725 Nerita St 2/1 $385K, 5292 Umbrella Pool Rd 3/2 $540K, 3273 Twin Lakes Ln 3/2 $820K, 4155 West Gulf Dr 4/3 $4M.

LOTS

No new listings or price changes.

1 new sale: 667 Birdie View Pt listed at $345K.

No closed sales.

Captiva

CONDOS

1 new listing: Tennis Villas #3216 1/1 $330K.

1 price change: Marina Villas #610 2/2 now $725K.

1 new sale: Beach Villas #2514 2/2 listed at $609K.

No closed sales.

HOMES

2 new listings: 20 Urchin Ct 2/2.5 $989K, 16801 Captiva Dr 3/3.5 $2.695M.

2 price changes: 1114 Schefflera Ct 4/3.5 now $2.899M, 15133 Captiva Dr 3/3 now $3.2M.

1 new sale: 1121 Schefflera Ct 4/4.5 listed at $5.6M.

2 closed sales: 11461 Old Lodge Ln 2/2 $995K, 11500 Gore Ln 3/2 $1.15M.

LOTS

Nothing to report.

Have A Great Weekend!

Elise for The SanibelSusan Team

Happy New Year From Sanibel

Posted on December 29, 2017 by SanibelSusan

We have enjoyed another week of nice weather here on Sanibel. Today and into the New Year we are expecting a “cool front” with morning lows in the 50’s (later next week to be in the 40’s) & the afternoons warming to the mid 60’s, low 70’s. Lots of people this week, walking, biking, & filling up the roads. Here at the office we know when it is 3:30, as the cars are stopped on the road out front.

New Year’s Day Polar Bear Plunge

On Monday, January 1, the Sanibel-Captiva Chapter of the National Polar Bear Club will hold its 18th annual meeting at “the crack of noon” at Tarpon Bay Beach (the south/gulf end of Tarpon Bay Road). The meeting will begin with the singing of the traditional Polar Bear anthem by the Cubbies (first-timers), Juveniles (one-time previous dippers) and seasoned Adult bears (those who took the plunge in previous years). Following the anthem, the Polar Bears will enter the “icy” gulf waters. Everyone is welcome. Chairs and coolers are optional.

Sanibel Library Earns Award

sanibel library This year marks the fourth time the Sanibel public library has been recognized as one of the best libraries in the country by Library Journal. The rating is based on the number of people walking through the library’s doors, number of program attendees and the number of books checked out. The rating is also based on electronic material.

“Ding” Darling Announces 2018 Film Series

The sixth annual “Ding” Darling Wednesday Film Series kicks off its bi-weekly showings this winter with a schedule of seven films that explore natural facets from pollinators and coral to wild Florida and the war on coal. It runs Jan. 10 through April 4.“Ding” Darling Wildlife Society-Friends of the Refuge hosts the free film showings in the “Ding” Darling Visitor & Education Center with sponsorship from Sanibel-Captiva Beach Resorts. Seating is limited and on a first-come basis.

Below are the season’s scheduled films. All films begin at 1 p.m. except the Jan. 24 film, which airs at 10a.m. A short discussion will follow each film to allow visitors to gain more from their documentary-viewing experience by listening to other people’s points of view and analyzing what they just watched. For full descriptions of the films, please visit www.dingdarlingsociety.org

Jan. 10 – Wings of Life

Jan. 24 – Tapped

Feb. 7 – From the Ashes

Feb. 21 – Chasing Coral

March 7 – The Forgotten Coast: Return to Wild Florida

Mach 21 – Mission Blue

April 4 – STRAWS

Sanibel & Captiva Multiple Listing Service Activity December 22-29, 2017

Sanibel

CONDOS

1 new listing: Sundial West #F308 1/1 $439K.

No price changes.

3 new sales: Sanibel Moorings #1221 3/2.5 listed at $1.095M, White Sands #32 2/2.5 listed at $1.095M, Bandy Beach #A101 3/2 listed at $1.299M (our Buyer).

1 closed sale: Captains Walk #A8 2/2 $347K.

HOMES

2 new listings: 5299 Umbrella Pool Rd 3/2.5 $539K, 5411 Osprey Ct 3/2 $1.295M.

2 price changes: 563 Hideaway Ct 3/2 now $699K, 4460 Waters Edge Ln 3/2 now $898K.

3 new sales: 1394 Middle Gulf Dr half-duplex listed at $524.9K, 1943 Sanibel Bayou Rd 3/3 listed at $649.9K, 5743 Baltusrol Ct 3/3/2 listed at $1.495M.

6 closed sales: 1390 Middle Gulf Dr 3/3 half-duplex $430K, 1187 Sand Castle Rd 3/2 $635K, 2030 Sunrise Cir 3/3 $605K, 1195 Par View Dr 3/2.5 $1M, 519 Kinzie Island Ct 3/2.5 $1.25M, 750 Periwinkle Way 5/4 $1.49M.

LOTS

2 new listings: 4538 Bowen Bayou Rd $258K, 1817 Long Point Ln $399,555.

2 price changes: 5116 Sea Bell Rd now $169.5K, 5126 Sea Bell Rd now $169.5K.

No new or closed sales.

Captiva

CONDOS

No new listings or price changes.

1 new sale: Captiva Shores #4B 3/2.5 listed at $1.495M.

No closed sales.

HOMES

4 new listings: 41 Oster Ct 2/2.5 $1.085M, 16163 Captiva Dr 3/2 $2.795M, 1124 Longifolia Ct 4/5 $4.3M, 15867 Captiva Dr 3/3.5 $4.895M.

No price changes.

1 new sale: 11526 Laika Ln 4/4 duplex listed at $1.749M.

No closed sales.

LOTS

Nothing to report.

Happy New Year!

Elise for The SanibelSusan Team

Merry Christmas from Sanibel

Posted on December 22, 2017 by SanibelSusan

It’s been a beautiful weather week, some fog in the early mornings, but with sunny skies every day. The Christmas Eve & Christmas Day forecasts look just as nice & sunny.

Sanibel & Captiva Islands Association of Realtors®

As a reminder, there was no Realtor® Caravan this week, but the every-Thursday-morning schedule begins again on Dec 28 with a West Caravan.

Free Refuge Programs and Tours Begin In January

This year, JN “Ding” Darling National Wildlife Refuge adds a new Horseshoe Crab program to its calendar of daily free tours and activities. The seasonal calendar of free programs and tours begins on Tuesday, January 2 and runs through April 8. Daily programs begin at 8:30 a.m. and include programs such as Nature Photography, Beach Walk, Birds of Prey, and Indigo Trail Walk. They have something for visitors of all ages and the programs/tours last anywhere from a half hour to two hours. For a full calendar of programs/tours and descriptions, visit http://www.dingdarlingsociety.org

Rent Tax Reduced Beginning January 1, 2018

Here is an article written by Henderson Franklin, Attorneys at Law:

The Florida Legislature recently delivered a small win for the business community with Florida House Bill 7109. Effective January 1, 2018, Florida Statute 212.031(1)(c) is amended by lowering the sales tax levied against commercial tenants from 6% to 5.8%. A more significant decrease would have been better, but commercial tenants will take what they can get, we suspect. The tax – known as the Business Rent Tax or “the BRT” – affects commercial tenants including retail, office space, and industrial tenants.

What is the BRT?

The Florida Legislature enacted the BRT in 1969, declaring that the business of renting, leasing, letting or granting a license for the use of commercial real property is a “taxable privilege.” In part because Florida has no personal income tax, the state government relies on sales taxes, including the BRT, as a significant source of revenue. Many local governments also impose a local option sales tax on top of the state BRT.

Florida is the only state to levy a statewide tax against commercial tenants, and thereby creates a competitive disadvantage for Florida businesses that lease rather than own their commercial space.

House Bill 7109

Florida’s BRT is unique from a national perspective in two respects: not only is it the only standard, statewide sales tax on commercial real estate rents, but unlike other corporate taxes, it is not pegged to profitability. As a result, the BRT significantly raises occupancy costs on all commercial tenants, regardless of their financial condition. New and/or struggling businesses in Florida may have the greatest difficulty with the burden this tax creates, and these businesses are likely to benefit the most from the tax relief in House Bill 7109.

Takeaway

Many voices within Florida’s business community have pushed for years for steep cuts to the BRT and, beginning in 2018, start to see their lobbying efforts bear fruit. Considering the significant impact the tax has on occupancy costs, the BRT should continue to be the subject of considerable debate in Tallahassee. As with all tax matters, please consult with your tax professional.

You Can Inherit A Home, But You Can’t Inherit Taxes

Here is a helpful article posted at FloridaRealtors®. This one on Dec 18, 2017 is credited to Marty Kiar, Broward County property appraiser.

“The family home often passes from generation to generation as parents pass on, but Broward County’s property appraiser says he often gets a similar question the following year: Why did my property taxes go up so much?

“This happens when the decedent’s Homestead Exemption is removed the year following their passing and the Save Our Homes value is reset,” says Broward’s Marty Kiar. While alive, the parents had a cap on the amount their property taxes could go up each year thanks to Florida’s homestead exemption.

However, that protection ends and the house’s taxable value resets when it gets a new owner, even if that new owner inherited the house from his or her parents. In some cases, that higher taxable value can be dramatic.

Kiar notes only a few exceptions: A surviving spouse can inherit a house as well as the existing tax savings via Save Our Homes, as can a “legal dependent who was permanently residing on the property at the time of the decedent’s death.”

In all other cases, the new owner – even if he or she grew up in that house – must file for a new Homestead Exemption when they become the legal owner. Once filed, they also then have protection from yearly increases through Save Our Homes, though going forward it’s based on the first year they applied for the Homestead Exemption.”

Sanibel & Captiva Multiple Listing Service Activity December 15-22, 2017

Sanibel

CONDOS

7 new listings: Spanish Cay #4 2/2 $374K, Sundial West #G105 1/1 $425K, Blind Pass #B211 2/2 $469K, Sunset South #1A 2/2 $775K, Loggerhead Cay #134 2/2 $995K, Tanglewood #1A 3/2 $1.149M, Atrium #201 3/3 $1.495M.

3 price changes: Sundial West #G204 2/2 now $649,999; Island Beach Club #220E 2/2 now $979K; Pointe Santo #E23 2/2 now $995K.

2 new sales: Sundial West #G105 1/1 listed at $425K, Sundial West #J207 2/2 listed at $695K.

6 closed sales: Seashells #44 2/2 $320K, Captians Walk #B5 2/1 $340K, Sundial West #C306 1/1 $404.5K, Blind Pass #B207 2/2.5 $469K, Sanibel Arms West #G8 2/2 $475K, Bougainvillea #A3 4/4 $3.55M.

HOMES

12 new listings: 1613 Sand Castle Rd 3/2.5 half-duplex $499K, 1027 Sand Castle Rd 2/2 $575K, 693 Rabbit Rd 3/2 $579K, 2521 Key Lime Pl 3/2 $599K, 1357 Jamaica Dr 2/3 duplex $650K, 1521 Wilton Ln 3/2 $784.5K, 4791 Rue Helene 3/2 $875K, 1106 Buttonwood Ln 3/2 $1.2M, 4166 Dingman Dr 4/4 $2.9M, 772 Birdie View Pt 3/3.5 $1.395M, 1035 Kings Crown Dr 4/3 $1.7495M, 1191 Bird Ln 5/4.5 $7.9M.

5 price changes: 667 Spartina Ct 3/2 now $619,555; 5299 Ladyfinger Lake Rd 3/3 now $648K; 1656 Middle Gulf Dr 3/4 now $990K; 5403 Shearwater Dr 4/3 now $1.195M; 2939 Wulfert Rd 5/5/2 now $1.349M.

9 new sales: 915 Palm St 3/2 listed at $475K, 3273 Twin Lakes Ln 3/2 listed at $825K, 3358 Saint Kilda Rd 3/3 listed at $979K, 932 Whelk Dr 3/3 listed at $1.224M, 899 Almas Ct 3/2 listed at $1.249M, 2441 Wulfert Rd 4/4.5 listed at $1.295M, 2190 Starfish Ln 3/3 listed at $1.395M, 1525 San Carlos Bay Dr 3/2 listed at $1.675M, 267 Ferry Landing Dr 3/2 listed at $1.795M.

1 closed sale: 4775 Rue Helene 4/3 $737.5K.

LOTS

1 new listings: 2987 Wulfert Rd $450K.

No price changes.

1 new sale: 1311 Par View Dr listed at $274K.

1 closed sale: 461 Lake Murex Cir $325K.

Captiva

CONDOS

No new listings.

1 price change: Sunset Captiva #302 4/3 now $2.895M.

2 new sales: Tennis Villas #3210 1/1 listed at $300K, Lands End Village #1657 2/2 listed at $1.095M

1 closed sale: Lands End Village #1660 3/3 $1.5375M.

HOMES

2 new listings: 11526 Laika Ln 4/4 duplex $1.749M, 16814 Captiva Dr 5/5.5 $8.2M.

2 price changes: 16163 Captiva Dr 3/2 now $2.795M, 16447 Captiva Dr 6/5/2 now $3.599M.

No new or closed sales.

LOTS

Nothing to report.

Santa on Beach

Florida House Bill 631/Senate Bill 804 – What Are The Facts?

Reducing Your Flood Insurance Cost

2018 Hurricane Seminar

Upcoming Events

Reminder About Watering

Sanibel & Captiva Islands Multiple Listing Service Activity April 6-13, 2018

Until next week, here’s hoping your Friday the 13th has been lucky & you get to the beach this weekend!

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Sanibel/Captiva Real Estate

Leaving LIBOR, Say Hello to SOFR

Is A Seller’s Disclosure Required?

Sanibel & Captiva Islands Multiple Listing Service Activity March 30 – April 6, 2018

Until next Friday, enjoy your week…

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Congress’ Budget Extends Flood Insurance to July

Upcoming Events

Florida Governor Scott Signs Real Estate-Related Bills Into Law

Sanibel & Captiva Islands Multiple Listing Service Activity March 16-23, 2018

Until next Friday,

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Congress’ Budget Extends Flood Insurance to July

Upcoming Events

Florida Governor Scott Signs Real Estate-Related Bills Into Law

Sanibel & Captiva Islands Multiple Listing Service Activity March 16-23, 2018

Until next Friday,

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Lower Your Wind Insurance Premium

Upcoming Events

What’s a Seller’s Continuing Maintenance Requirement?

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What Will Happen With Home Prices This Year?

Congratulations to Shell Festival Winners

Upcoming Island Events

Sanibel & Captiva Islands Multiple Listing Service Activity March 2-9, 2018

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Boat Ramp Rehabilitation Project Complete

Sanibel & Captiva Multiple Listing Service Activity January 5-12, 2018

Have a Great Weekend!

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Insurers Try New Tactic To Limit Damage Claims

Sanibel & Captiva Multiple Listing Service Activity December 29, 2017 – January 5, 2018

Have A Great Weekend!

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New Year’s Day Polar Bear Plunge

Sanibel Library Earns Award

“Ding” Darling Announces 2018 Film Series

Sanibel & Captiva Multiple Listing Service Activity December 22-29, 2017

Happy New Year!

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Sanibel & Captiva Islands Association of Realtors®

Free Refuge Programs and Tours Begin In January

Rent Tax Reduced Beginning January 1, 2018

You Can Inherit A Home, But You Can’t Inherit Taxes

Sanibel & Captiva Multiple Listing Service Activity December 15-22, 2017

Wishing You & Your Family A Happy Holiday Weekend!

Elise for The SanibelSusan Team

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