 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.
The Joy of Summer, Fulfilling Our Goals and Dreams
If you are like me, it seems the older we get the faster life appears to be passing. Oftentimes I find things I recall as happening a year or two ago occurred three or four years prior and I sit amazed at how quickly those years passed. Recently I’ve lost a few close friends and have others who are struggling with health issues and it seems the reoccurring comment I hear is, “don’t take life for granted and stop putting off your goals and dreams another day.” Even those not going through any kind of challenge have shared with me their desire to live a more fulfilling life. I then think of a comment Pastor and Televangelist Joel Osteen once said that has resonated with me, “There are many great books and inventions lying in cemeteries that never came to fruition!” “Is this my time to finally give myself permission to set time aside to fulfill my desires?” More importantly, “What legacy do I leave my son when he never sees me fulfill my goals and dreams?” The quote attributed to Walt Disney, but is presumed to be said by Disney Imagineer Tom Fitzgerald, “If you can dream it, you can do it,” has recently taken on a whole new meaning for me. “Why do I find myself always in front of my computer when not with clients showing property?” When we first moved down from New York 22 years ago we went boating, played tennis and golf, visited the beach, and started writing a book that I have yet to finish. “What happened? Why am I not permitting myself to set time aside to enjoy those simple pleasures before it is too late and I can’t enjoy those moments to their fullest? Why am I reflecting on past memories and not making new ones?”
I have always been a “summer kid,” at heart. Summer was a time when everything came alive and those memories have been frozen in time and seem like they just occurred yesterday. Simple things like bike rides, trips to the beach, days spent boating and exploring new areas by car were those simple pleasures that hold such as special place in my heart. Now I’m hearing friends of mine who are on the road fulfilling dreams of traveling the country this summer in an RV, something they never did before. Another special couple we know is cruising their way up the Intracoastal from Florida to New York and ultimately completing the “Great Loop” as they return via the Mississippi. They have been documenting and sharing pictures of their travels on daily postings where you feel like a stowaway on their great adventure. For some these adventures have been planned for months, for others, it has been more spontaneous. In contrast, my recent adventures by car have taken me to such exotic places as Costco and Trader Joe’s where I am mesmerized by fresh-cut flowers and displays of barbeque grills and patio furniture. “What happened to our boating trips to places like Tween Waters in North Captiva where we felt like we were on vacation, or our excursions to the beach and small towns along the way with their quaint shops and restaurants?” As for golf and tennis, Tiger Woods and Roger Federer have nothing to worry about as I’m not even sure which end of the racquet or club I’m supposed to grip.
I’ve often laughed at those who are looking to move to Florida who tell me how often they are going to go to the beach, enjoy boating, and playing as much golf and tennis they can fit between all their outdoor activities. When asked why I’m laughing I typically respond with, “Sure you are and before you know it six months will pass and you won’t believe how little you did those things, yet your life will seem so busy.” I continue by saying, “We fall into this “manana” mindset where what we don’t do today we feel we can always do tomorrow and before you realize it weeks and months have passed and you haven’t done many of the things that brought you here in the first place.”
Have I become my father who always looked forward to the weekend and then spent it admiring his handiwork trimming bushes and washing the car while others passed by on their boats or in their cars on their way to the golf course or to unknown destinations? If Covid didn’t have a way of taking stock in what’s important in life, certainly those daily reminders from friends saying, “I’m not putting off another day what I have been wanting to do all my life,” is something worth acting on.Apparently my wife Gail didn’t think I was implementing this goal fast enough and took matters into her own hands and signed us up for a golf membership. Giving myself permission it was O.K. to put the computer aside for two hours I felt like a kid with a new toy as we had a fun-filled round where my wife showed me the finer points of using someone’s pool cage to have her golf shot land in the middle of the fairway! While I never learned that trick in junior golf, it made me realize all the special moments I was missing, and wonderful memories I wasn’t making.
Golf may be just the beginning of recapturing some of those lost opportunities I took for granted, and hopefully, soon I’ll finish that book I started to write so many years ago that gave me so much enjoyment. While I don’t know if it will be a best seller one thing is for certain, I’m going to make the most of this summer and start to enjoy pursuing those goals and dreams I’ve been putting off far too long.
-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.
A Different Kind of New Years Resolution
Each December we reflect on our journey from the past year with all its twists and turns and with great optimism look forward to the opportunities and promise that lie ahead in the coming New Year. Typically we start by making some kind of promise or resolution to ourselves in the form of increased exercise or by embarking on something more “self-focused” to make us a new and better version of ourselves. However, I’m sure like you, it doesn’t take long before life gets in the way and our best intentions are often put on the back burner only to be reset each month until we run out of months and it becomes next year’s resolution once again. The exercise I wanted to do, the book I wanted to read, the one I wanted to write, the trip I wanted to take, or just the simple pleasure of playing more golf or tennis seems to always fall under the category of “Things to do tomorrow,” only tomorrow has already been filled with ”Things that can’t wait another day!”This year has been different. In looking back over the past year, in particular, it has been one where I feel we’ve all had a blaring horn in our face the entire time. If it isn’t the political parties blaming each other for the divisiveness going on in the country, it is the round the clock media coverage each claiming the other is biased, while giving you their jaded view. Try having a conversation with someone before it turns into political dialogue and even if you agree it is typically emotionally filled. Add the Coronavirus to the mix, and the impact it has had on all of us, and you find yourself saying, “I’m so glad 2020 is over.”
While to some that may seem like a welcome relief, I thought, “How sad?” We just took one valuable year out of our lives and said, “Let’s throw it away.” I’ve gone through many trying periods in my life, but I never wanted to throw away an entire year, as despite the challenges and difficulties there were lessons learned that have benefitted me throughout my life.
People ask me all the time what my thoughts have been this past year and why I seem so calm as a result. My faith in God has been the main reason for me to remain somewhat at peace amid the media chaos however, I have always tended to look at things from a common-sense perspective. I don’t feel the need to be heard, or for my opinion to outweigh those of others. I find as I’ve gotten older there is more wisdom in listening than projecting an opinion and somewhere along the way common sense becomes even more clear despite what the media critics have to say.
Since Covid began I’ve seen it bring out the best and worst in some people. Some are doing their best to support those struggling through these challenging times by supporting their businesses, bringing food to those in need, or just staying in touch, letting them know there is someone who cares. Others haven’t been quite so gracious, never embodying the desire to share or step aside to help others. Some have become depressed from the lack of social interaction while others maintained their sense of humor. In a post I read the other day, a man by the name of Bernie posted, “I told my wife post Covid I will take her anywhere in the world. I’m holding up a map of the world in the kitchen and told her to throw a dart and wherever it lands, we would go…..Apparently we are going to spend two weeks behind the refrigerator!” For me, it has been a time to reflect on what is important in life and realize how fortunate we are.Since this pandemic began we’ve seen a tremendous influx of people moving to Florida, finally realizing what we have been blessed with for so long, “water, warmth, and way of life,” a phrase I credit to a friend, public speaker, and respected Realtor Denny Grimes. Since January of last year, we were hearing stories of those looking to escape the inclement weather and high taxes in the north. However, when the pandemic hit it facilitated a mass movement of those looking to escape the densely populated areas and where commuting via mass transit was a way of life. With the realization, it was now possible to work remotely and transition from the rat race to a better quality of life, these “new Floridians” were about to discover what we have oftentimes taken for granted. As a Realtor, we are typically one of the first points of contact for those looking to relocate to our beautiful state. To see the look of almost disbelief on their faces that they have arrived at what many call “paradise,” and no longer have to make the dreaded journey back north in a few short weeks, has been one of my most gratifying experiences and one I find so hard to put into words. Before long they usually share with me how friendly everyone is, how people are always outside enjoying each other’s company, and how clean our highways and stores are kept, things we oftentimes take for granted. Isn’t it funny how those of us who lived in the north often say when returning from a trip back home say, “How did we ever want to live in that environment?
As I look at the changes I want to make in myself this year I’m often amazed at the wisdom and futuristic foresight that writers of the 1940’s and 1950’s such as Ayn Rand, (Atlas Shrugged), George Orwell (“Nineteen Eighty-Four), and Ray Bradbury (Fahrenheit 451) documented in their writings. Many of the scenarios they envisioned we are living in today. For those who have read these books and other similar themed writings look at the tug of war and name-calling going on in our nation’s capital and the controlling influence of social media with little or no surprise. While others may feel they are on a runaway train they can do nothing about, my resolution is not to panic and assume the role of the victim, but to incorporate the lessons learned from these writings so I can take the emotion out of the “news of the day,” and interact with those I meet from a common-sense perspective and help preserve those special attributes that have made our community and those we share it with so special. Future generations are watching, as well as those moving to our communities. Hopefully the difference I make in myself will inspire others to do the same and instead of talking at each other we can speak with one another and enjoy this wonderful quality of life we’ve come to call home.
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.