 Over the past few years, the term “Staycation” has been used more frequently by people who most often didn’t have the time to get away for the traditional vacation. The thought was, “If we can’t get away, what things can we do within our community or at least within relatively close proximity that will give us the feeling we were on vacation?” After all, we do take what we have locally many times for granted. With our son and daughter in law having recently moved to Colorado to pursue furthering their medical careers, we thought we’d visit them for a few weeks after they were settled, then enjoy some time back home on eastern Long Island, NY where we could enjoy the last few weeks of summer visiting those charming farm stands, vineyards and historic waterfront towns. However, with more and more people coming to Florida this summer looking to relocate permanently, our mini-vacations seem to be in a holding pattern, and those opportunities to make lasting memories seem to be slipping away, or are they?
While we reminisced with our friends on the complete surprise we just experienced, 24 hours later we found ourselves listening to the music of a Led Zeppelin tribute band whose lead singer was a personal friend of one of our friends. I don’t know about you but, tunes from Dion and the Belmonts the night before are about the polar opposite of Led Zeppelin, yet wouldn’t you know somehow one of the couples from the Elks must have gotten the wrong invitation and wound up on this dance floor ballroom dancing to Stairway to Heaven.
 While they were mesmerizing to watch, on the other side of the dance floor was a group of guys and gals who danced as if they were still under the influence from the party favors being handed out at Woodstock. I leaned over and said to Gail, “I feel like Lawrence Welk is being danced to on one side and from the body language of those on the other Star Wars must have some kind of lasting influence.” Again the roll of her eyes said it all. While the band, known as In The Light of Led Zeppelin was amazing, what I was watching on the dance floor was equally entertaining, and who would have ever thought right across the street was Port Charlotte’s guitar virtuoso Mike Imbasciani and his Bluez Rockerz. As if this wasn’t enough of a musical extravaganza, another great entertainment venue you have to visit is the Visani Italian Steakhouse and Comedy Theater.
 We’ve seen some of the best comedians, hypnotists, and tribute bands who have performed on some of the largest stages in the country as well as on T.V. Recently, we saw an Eagles tribute band with a group of friends that go by the name The Alter Eagles. If you closed your eyes you would swear this talented group of musicians was the original band as they have recreated the music note for note. To think you would have to drive to a major city to get this kind of entertainment is amazing in itself, but to experience it just minutes from home makes me appreciate our area even more.So you don’t feel that our summer experiences have been all music-related, another great surprise was a trip to the Babcock Ranch Eco Tour. With so many people moving to Florida, finding a native Floridian is as challenging to me as finding a good New York bagel, but if you want an intimate experience with Florida’s rich history and wildlife in 90 minutes, this is a tour you don’t want to miss.
 Surprisingly we still have cowboys and Florida Cracker cattle, with some of the animals coming right up to our safari bus. To see the diversity of wildlife in its natural habitat is an experience second to none. In fact, the original telegraph lines connecting our area to the rest of the state still weave in and out of the woods, and I bet you didn’t know Punta Gorda was originally known for being one of the largest producers of Pineapples!I often tell those looking to move to our area with high aspirations of boating, golfing, going to the beach, and experiencing all the outdoor activities Florida has to offer daily, “You never will, because you always can. We fall into complacency where the weather we experience daily somehow creates a mindset of what we don’t do today we can always do tomorrow, and before you know it you didn’t do the things you thought you were going to do.” Despite our goal in coming to Florida to live a more fulfilling lifestyle, we find we are busier than what we anticipated, and all the things we moved here for we somehow put on the back burner and took for granted. After living in the state for over 22 years I still find it amazing to think within a 2-3 hour drive we can attend professional sporting events in Tampa or Miami, the arts in a host of cities closer to home, and world-class beaches and golf within an hour’s drive.
 We can take overnight trips to a variety of different towns and cities where you can enjoy the fast pace and glitzy lifestyle of our state’s larger cities, or the downhome cooking and history found in many small towns that dot our state’s less traveled country roads. These are those surprises we overlook that are so close to homemaking our staycations so enjoyable. Now that I think about it, it may be time to revisit the charming ambiance of North Captiva’s Tween Waters Inn where we sailed to for a weekend stay so many years ago and where so many memories were made. |
Housing Market Update: Real Estate Chess Match
For years now we’ve been advised by real estate attorneys to use the FAR BAR AS IS purchase contract with right to inspect. The reason for this is that while it does protect the buyer, it takes some of the ambiguity out in determining if an item in the home is functioning as intended. To give you an example of why this has been the contract of choice, several years ago we had a client looking to purchase a condominium that had been renovated due to damages stemming from Chinese drywall. During the home inspection we found the granite counter top in the kitchen had been cracked in half around the sink during installation. The seller epoxied the seams, but the buyers were not pleased, as while the seam was cleverly joined with the epoxy, the joint was still very rough to the touch. The seller said he wasn’t going to replace the counter top and the buyer didn’t want to take it “as is,” so the buyer used their right during the inspection period to cancel the contract and get a full refund of their deposit. When speaking with the law firm who suggested we use this purchase agreement, the attorney stated, “this is why we tell you to use this purchase agreement as while the buyer wasn’t pleased with the look of the repaired granite, it was still functioning as intended as it was supporting weight and wasn’t leaking, thus it was performing as designed. If your buyer hadn’t used this “AS IS” contract that we have suggested, they wouldn’t have had the ability to cancel their contract and receive a full refund of their deposit.”
However, during this market this “AS IS” contract is being used in a manner that wasn’t originally intended. Since homes have been selling at such a frantic pace, many buyers who are out of town are using this contract to purchase properties sight unseen, or only seen virtually. Then once they arrive they use their inspection period to determine if they want to continue moving forward with the purchase of the property or cancel the contract now that they are viewing the property in person. Some buyers have even submitted contracts on several properties, had them accepted, and then used their inspection period to cancel off those properties that didn’t appeal to them and keep the one that does.
To counter this approach many sellers are starting to request the contract with repair terms that can be capped be used as it takes away the buyers ability to cancel the contract in “the buyer’s sole discretion.” Since offers have accelerated at the pace they have due to low inventory levels, bidding wars are more commonplace, resulting in purchase offers where the purchase price cannot be supported by an appraisal. To avoid a contract being cancelled by the buyer due to the offer they made not being supported by an appraisal, sellers are now requesting appraisal contingencies to be removed from the contract in many cases.
Spring Has More Than Sprung!
 For weeks I’ve been trying to come up with the perfect thought for this newsletter and found myself continually searching for something meaningful. When I first sat down to write Passover and Easter were upon us and I thought, what a great way to welcome in the new spring season by entitling my thoughts “A Second Chance.” This was a time when the Hebrews were saved from their captivity by the Egyptians and the angel of death passed over sparing their firstborn sons. For Christians, Christ’s resurrection was their second chance to realize there was life after apparent death and now there was the promise of an eternal life to come. While both holidays are rich in history today they are commonly seen as the welcoming of spring and one of hope.
To me, spring has always been a rebirth of sorts with flowers and trees coming back to life after a long harsh winter where it appeared they succumbed to the ravages of the snow and ice. People emerged from their homes after being cooped up most of the winter and everything just seemed more alive as the promise of summer with its warmer weather and outdoor activities was just around the corner. It was that euphoric feeling I wanted to capture, and one that has been on the faces of many we’ve seen this year who have decided to make Florida their permanent home in search of a better quality of life.
 As much as I intended to embrace this theme, I found I was continually approached by many asking how to navigate a real estate market that seems more like a runaway train. What started as their euphoric journey to a new beginning has become anything but, as we are experiencing what has become a feeding frenzy. Wasn’t March supposed to come in like a lion, marking the beginning of spring, and exiting like a lamb? If that is the case, then April and May must be monsters and our “Spring” has more than sprung. Of course, I am referencing the real estate market and not the weather, as by all accounts our temperatures this season have been some of the most enjoyable we’ve experienced in a long time.The real estate market on the other hand is something I don’t think anyone could have predicted. Low inventory levels combined with significant numbers of those looking to move to the area have created a unique market the likes most people have never seen. No longer is a full-price offer going to guarantee you’ll be the winning bid, in fact, most likely you’ll be looking from the outside in. Remember when a home that was on the market for ten days was considered a very new listing worth seeing? In today’s market, most people look at a home that has been on the market for ten days and wonder, “What’s wrong with the house?” Offers of $20,000, $30,000, $50,000 and moreover full price are now commonplace. Some are foregoing inspections and offering to compensate the seller on some of their closing costs. And did I mention “escalation clauses?” What is going on? For the seller, it’s almost like shooting fish in a barrel. Those who never thought of selling their homes are now thinking, “With the meteoric rise in offers, let’s put our house on the market.” Of course, that may be a double edge sword as once they sell their home they now jump into the tank with all the other buyers competing for the limited inventory on hand.
Others feel, “I’ll just wait for the housing market to crash, and then I’ll buy a home at a more reasonable price.” While I’d be as foolish as anyone to predict that will never happen again, after seeing what happened to the housing market in 2007 and 2008, I can tell you this is a very different market. Then we had much higher inventory levels and sub-prime mortgages were given to almost anyone who could sign their name. Today, most likely many would not be able to secure a loan under today’s lending guidelines. Then it was very much a speculative market driven by investors. Baby Boomers were supposed to be moving down for the next 20 or 30 years, so how could the sky ever fall? Unfortunately, we all found out, “Man makes plans and God laughs.”
What I’m seeing in the housing market today reminds me of the behavioral patterns of the panic hoarding we’ve seen when a major storm is in the forecast or during this pandemic. Fear of not having enough and grabbing as much as you can reach epidemic proportions as store shelves laid barren for weeks on end. I’m still trying to understand the rush on toilet paper, paper towels not to mention hand sanitizers! Since when did everyone become so obsessed with being germ-free? Go to a store today and the shelves are fully stocked once again, although I still have been challenged at times to find chicken wings! Panic shopping now seems to be a distant memory for some but now it has manifested itself in the housing market.
Having worked in the “concrete jungle” of New York City myself, I can understand why someone would want to move to Florida, but many states like Florida aren’t closing their doors to those looking to relocate for a better quality of life. For those waiting for the market to crash before they buy, you may be waiting for a while as this market is characterized by “end users, not investors. Inventory levels are much lower and you’ll be surprised by the number of cash buyers in the market. My advice is not to worry new listings are coming on the market every day. It may not be the home at the price you originally were after, but it is hard to put a price on the quality of life you will gain.
I feel life gives us lessons we can either learn from or repeat. When we couldn’t get the products we wanted during the pandemic, we found we could be just as happy with something that served our needs almost as well. We didn’t get to visit our favorite restaurants or entertainment venues as much, but most of us found enjoyment in the simple pleasures of early morning walks or bike rides together, perhaps even watching a Hallmark movie or two together.
 Spring is a wonderful time of year and this year it is even more special as not only are flowers and trees coming into full bloom but so are we as a community now that many of the restrictions that have governed much of our lives for the past year are being lifted. The lesson we learned from the “pause” the pandemic forced on us was to enjoy each other and the pleasures life gives us. If we’ve learned our lessons from the past we don’t need to panic every time we encounter something we’ve never experienced before. Spring is in full bloom this season and perhaps more bright and full of appreciation and hope than ever before.-Gary Cardillo
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Luck, Not only for the Irish
Do you ever find yourself looking forward to that “holiday” of the month with the same anticipation you did as a kid? For me, I think of those special days almost as the dessert after a wonderful home-cooked meal. When I think of those days I find they mean the same to me today as they did when I was a child, and perhaps are the only traditions that haven’t changed throughout the years. I think of the fun we had on Halloween trick or treating in our costumes, Thanksgiving where we played touch football games before gorging ourselves on turkey and all the side dishes until we couldn’t move, and what more needs to be said about the excitement of the holiday season and New Year! While each month brings us a unique joy in its own way, the ones I find that make us all seem to laugh and take life a little less seriously are St. Patrick’s Day and Cinco de Mayo. It doesn’t matter the color of your skin, your religion, ethnic background, or political beliefs, on those days we proudly celebrate with revelry as if that was part of our ancestry.
Recently we had dinner with a couple who introduced Gail and me on a blind date 35 years ago. They are from New York where the husband has had a jewelry business in the heart of New York’s Diamond District for many years. We were dining outside in St. Armand’s Circle in Sarasota and this couple was looking around like two kids entering Disney World, amazed at the number of people out and about enjoying the shops, restaurants, and beautiful evening weather. They had been to Florida many times before but this time was extra special as New York has been shut down to a large degree, and according to the husband, New York City has become a ghost town of sorts with rising crime rates and the closure of many businesses. However, despite the depressing news from New York, our conversations are always full of laughter as the husband has an uncanny sense of humor and like most wives, she just rolls her eyes.
While many have grown depressed being quarantined in their homes for months up north, the husband has maintained his sense of humor. He said, “You try to get creative, and when weather permits, you try to make the most of your time outdoors.” Being an avid tennis player who also enjoys the game of golf I asked, what other things he had tried. He replied, “Skeet shooting.” Detecting the puzzled look on my face he said, “I thought I’d give it a try….As a Jew we don’t hunt, we order in, but I figured it was something new and different. Unfortunately, birds were dropping from the trees and a plane fell out of the sky, but while I seemed to hit everything else, I couldn’t hit those clay pigeons.” I was so glad he hadn’t lost his sense of humor!He continued by saying, “You guys don’t realize how lucky you are to live in Florida,” and for a couple who at first was very critical of our Governor opening up the state for business and schools the way he did, he said it is no wonder our Governor is the top real estate agent in New York as he is single-handedly spearheading the mass exodus out of the state.”
I 
found it amazing to see the change in perspective as years ago Florida was only seen as a place to retire, and now couples like our friends are giving serious consideration to possibly making the move themselves in the not too distant future, which we couldn’t be happier if they did. What I also found interesting is most of the husband’s Florida clients are in the Palm Beach area, which years ago seemed like the place they would eventually relocate, however, they shared with us how they wanted to get away from the stress, congestion, and the “personalities” they deal with daily and are finding southwest Florida provides everything they could want. I have to agree as I still find myself wondering in amazement that we live in a place people come to vacation.
found it amazing to see the change in perspective as years ago Florida was only seen as a place to retire, and now couples like our friends are giving serious consideration to possibly making the move themselves in the not too distant future, which we couldn’t be happier if they did. What I also found interesting is most of the husband’s Florida clients are in the Palm Beach area, which years ago seemed like the place they would eventually relocate, however, they shared with us how they wanted to get away from the stress, congestion, and the “personalities” they deal with daily and are finding southwest Florida provides everything they could want. I have to agree as I still find myself wondering in amazement that we live in a place people come to vacation.As we were leaving the husband said, “Don’t forget St. Patrick’s Day is coming up.” I replied, “What side of your Jewish heritage emigrated from Ireland?” He replied, “I think it was the dog, but the only thing you need to remember is no one makes a better corned beef sandwich than a kosher deli.” As we walked away at the end of another perfect day, I had to admit he wasn’t wrong.
-Gary Cardillo
“How can I get the seller to accept MY offer?”, buyers wonder in today’s heated, multiple-offer market
In some areas of the country, “love letters” – a note from buyer to seller praising the home – are common. But some of the letters may flirt with Fair Housing Act violations.
The National Association of Realtors® (NAR) Conference and Expo was held virtually in 2020, and many of the sessions involved discussions about buyer “love letters.”
For those who aren’t aware of what I am referring to, “love letters” are written statements that accompany a potential buyer’s offer. While these types of letters are not in and of themselves illegal, it’s important to note that if done without careful consideration, it could end up being a Fair Housing Act (FHA) violation.
How is this a possibility? Let’s examine a couple of examples of “love letters” – one that could be problematic with one that likely isn’t.
Example 1: A buyer drafts a love letter that includes how excited the buyer is to raise a family in the home. They can’t wait to see future children excitedly running down the stairs on Christmas morning.
Sounds harmless enough, doesn’t it? However, this buyer’s letter touches on two protected classes under the FHA: familial status and religion. Should a seller take these factors into account in arriving at a determination to accept the buyer’s offer, it could be a fair housing violation.
Example 2: A buyer drafts a love letter that discusses the buyer’s love of the homes’ architectural features and the buyer’s appreciation of the various details of the home’s construction.
Here, as the buyer solely focused on the property’s characteristics, none of which fall under a protected class, it’s likely not a fair housing violation.
As agents, it’s important to remind consumers about fair housing issues if you see a potential problem on the horizon. While no agent is expected to explain the legal nuances of the Fair Housing Act, it may be wise to suggest a buyer or seller consult their personal attorney if either of the respective parties veer into potential FHA violation territory.
Recently, I personally had a family with two young girls that were very excited about purchasing a home they had seen but knew the market was very strong and were afraid they would be outbid. Their daughters Lily and Hailey, sensing the seller could sell the home to someone else asked if they could write letters to be sent along with their parent’s offer. Little did these girls know the letters they wrote were compliant with the National Association of Realtor compliance guidelines, but they brought tears to the seller who accepted their parents offer.
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While most people would like to talk about themselves, Gary and Gail have always put their clients first, and their diverse backgrounds have provided their clients an unparalleled level of service and knowledge throughout the past years.