First Time Homebuyers

Approximately 50% of Floridians live in communities governed by homeowners associations (HOAs), sometimes referred to a property owners associations (POAs).  These associations, which govern various aspects of community living, such as property maintenance and shared amenities, can provide numerous benefits but may impose certain restrictions on homeowners.

To make informed decisions while purchasing a home governed by a homeowners association (HOA), prospective buyers must be aware of the rules set forth by the HOA and how those rules interact with local ordinances and state laws.

One advantage of purchasing a property under an HOA is the access to various amenities. Many communities boast shared facilities such as swimming pools, clubhouses, fitness centers, tennis and pickleball, or spas, which may be included in the dues residents pay. Additionally, HOAs often are responsible for maintaining common areas to include, but not limited to, security gates, roads, lighting, sidewalks, landscaping, and exterior building maintenance, ultimately enhancing the overall neighborhood utility and aesthetics. A HOA may also have dispute resolution procedure in place to assist with conflicts between neighbors, management and more.

Living within an HOA-governed community might have certain restrictions related to architectural modifications or pet ownership. Additionally, fees required for upkeep and management could impact affordability depending on individual financial circumstances. Therefore, buyers should consider their desires for autonomy versus communal support while evaluating properties in association-controlled neighborhoods.

After considering the advantages and disadvantages of purchasing a home within an HOA community.  Should you decide that an HOA community is appealing to you, it is essential to go deeper into the specifics of the prospective association.  Thorough examination of the governing documents like covenants, conditions, and restrictions (CC&Rs), bylaws, rules and regulations, financial statements, reserve studies, insurance policies, and any other pertinent documentation will further evaluate if the specific community is where you want to make an investment in a home.

These documents will provide important information on architectural control guidelines, assessment obligations (including special assessments), dispute resolution procedures, rental restrictions, pet policies, parking rules, and maintenance requirements and more.

Here are some of the documents you need to request and review when reviewing an HOA in advance of purchase commitment.

Financials

Annual due and fees, special assessments, fines and fees and other budgeted expenses and necessary information a buyer needs when evaluation their total financial obligation when purchasing a home.  At a minimum a budget, balance sheet and audited financials should be reviewed in advance of finalizing a purchase decision.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

This is a legally binding document that is officially recorded for all registered homeowners associations (HOAs)and filed with the State. The CC&R covers the rights and obligations of the HOA to its members and vice-versa.  The goal of the CC&Rs is to protect, preserve, and enhance property values in the community.

Bylaws

The community’s bylaws establish the structure of day-to-day governance of your homeowners association and duties of the Board. This includes things like:

• Frequency of HOA board elections
• Process for nominating and electing new board members
• Number of members that serve at one time
• Length of board member service terms
• Meeting frequency and quorum requirements
• Duties and responsibilities of board members

Rules and Regulations

When you purchase a home in a community governed by an HOA you are agreeing to abide by all rules and regulations specified in the governing documents. Your community’s Rules & Regulations are a catch-all for the things that aren’t covered in the CC&Rs or Bylaws. These are often the rules that might need revising over time due to changes in the community.

Every document can be changed and is done so with Amendments.  Make sure you request all these, as well, for review.

Equipped with this knowledge about what financial membership entails within an HOA community in Florida will enable buyers to make informed decisions regarding if the property is suited to your needs and desires.

Filed under: 2022 Real Estate, 2024 real estate, Blog, Boca Raton real estate, CEBA, contracts, Down Sizing, EBA, Exclusive Buyer Agency, First Time Homebuyers, Florida Buyer Agent, Florida Exclusive Buyer Agent, Florida Real Estate, HOA, Home Buyer Advice, Home Buyers, Homebuyer Advice, homeowners association, POA, Property Owners Association, Real Estate, Real Estate Investment, real estate news, Relocation, Retirement, second home, South Florida Real Estate, Uncategorized by Kim Bregman
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An exclusive buyer’s agent (EBA)is hired to help you with a big monetary decision, which is also a big personal decision. There is a wide variety in the quality of that fiduciary (financial) advice you will get, depending on the agent you choose.

An EBA is required to help their client get the best price and the best terms for the property that they want to buy. They are bound to help protect their client’s financial interests throughout the buying process.

How does buyer brokerage work? 

The company – traditional offices:

An agent who works with a buyer — and has a contract to give that buyer representation — is a buyer’s agent. The vast majority of buyer’s agents work in companies alongside other agents who represent sellers. In those companies, most work with both buyers and sellers. Whenever a buyer puts in an offer for a house listed by that company, the head of that office is a dual agent. Both agents want the highest price for the Seller …they are sub-agents of the Seller.

The company – exclusive buyer brokerage:

That’s why exclusive buyer brokerages are different. They are a small number of companies who don’t help sellers get the highest price for their house or condo. Instead, exclusive buyer’s agents (EBAs) work in firms that only help buyers buy properties. Exclusive buyer’s agents have no colleagues in the office who are trying to sell any particular house or condo. They are not invested in you buying any particular home; they want you to use your money to get what works best for you.

How do exclusive buyers agents help buyers?

Because EBAs don’t list properties for sale, they become buyer experts. They work only in the financial interests of buyers, so they can think clearly about how to get the best place for the best price.

They become experts in what are typical good points and bad points of local housing stock and neighborhoods. They can tell you whether the house you like is typical in your price range or if it is really special. They are free to share negatives, too, to help you avoid problems later.

In order to be fiduciary advisors, EBAs provide a buyer-centered view of the current value of a property you might want to buy. EBAs provide a comparative market analysis to give you an idea of what the property is worth before you decide on a price. Based on the market analysis, and the potential competition for the property, and how much you like it, an EBA will help you decide on a negotiation plan.

Because EBAs work only with buyers, they develop a reputation in the real estate market for having exceptionally prepared buyers.

Because EBAs work with buyers only, they develop a network of lenders who get your mortgage done on time at a competitive price, inspectors who look long and hard for defects in the property, and attorneys who will protect your rights.

What should a buyer ask an agent before hiring them?

• In the past year, how many sellers have you represented? How many buyers have you represented?
• If you run into an unusual situation, who do you go to for advice?
• Tell me about a recent success.
• Tell me about a recent problem with a house and how you handled it.
• Can I have three references?

Filed under: 2024 real estate, Blog, Boca Raton real estate, CEBA, EBA, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Buyer Agent, Florida Exclusive Buyer Agent, Florida Real Estate, Foreign Home Buyers, Home Buyer Advice, Home Buyers, Homebuyer Advice, NAR, NAR Legislation, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, South Florida Real Estate by Kim Bregman
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The Department of Justice, in its regulatory capacity, has recently intervened to reshape commission structures, a move that will trigger a multitude of changes, especially for home buyers.

The National Association of Realtors ( NAR) settlement has not yet been accepted. It is proposed to go into effect at the end of June to mid-July.

The results of the NAR Settlement means that:

1.    NAR owned multiple listing services ( MLS) are prohibited from sharing offers of compensation to Buyers.

2.   MLS members are required to enter into written agreements with the buyers disclosing how they will be paid and by whom before showing a property.

What are Multiple Listing Services (MLS)? They are database platforms that agents and brokers pay to subscribe to. The agents and brokers use it to share information about properties for sale. Subscribers agree to rules about cooperating with and compensating all brokers who subscribe to it. If you are seeing listings on other sites (like Zillow), chances are, those sites are getting a feed from their local MLS.

Since the beginning of buyer agency, the buyer broker’s commission has been built into the sale price of the property. The buyer paid for the house and the seller paid outstanding bills, then collected their profit. Responsible seller’s brokers used a form called a “net sheet” to show sellers what their final profit was. Broker fees were deducted from the sale price along with taxes, water bills, or other costs of the sale.

The MLS system built commissions into the price. The seller, through their broker, published their offered commission to buyer’s broker on the MLS.

If the settlement is accepted and all offers of compensation are removed from the MLS system, we need ways that buyers can continue to pay our fees without undo burden.

1.   Include the Buyer Broker Fee in the Offer and request that it be included in the Sales price. This creates a way that the buyer broker commission is paid for in a mortgage, as part of the house purchase. Functionally, this is exactly the same as it has been. The buyer pays for the house, and the buyer’s broker fee is subtracted from the seller’s profit at closing.

2.   Lenders are seeking ways to create financing options for buyers, so that they can finance the buyer broker commission, if it is not included in the sale price.

3.   Buyers to pay the Buyer Broker fee outside of Closing or as a disbursement at Closing, though not reflected in the sales price. This is de minimis for cash Buyer but requires that a Buyer getting a loan have more cash to close.

Home Buyers will no longer have representation costs built into the real estate transaction when a property is listed through the MLS system and represents a property for sale by a licensed real estate agent, but Sellers will.

Buyers or their agents will have to approach Seller and ask permission to include the cost of representation within the transaction. Sellers have all the power to withhold their permission for the Buyer to do so. Seller’s representation costs, however, will continue to be included in the transaction, using the Buyer’s funds to pay for them.

Every Buyer will be obligated to sign an Exclusive Buyer Agreement in advance of being shown homes that specifies payment terms when seeing a home that is listed by a real estate agent, EVEN IF THE REAL ESTATE AGENT SHOWING THE HOME IS THE LISTING AGENT. THIS IS DUAL AGENCY!

Payment can be made directly by the buyer outside of the transaction, included in an offer to the seller requesting a credit to cover the expense, or through a commission offered by the listing agent. However, commissions won’t be advertised as part of the transaction on the Multiple Listing. Fee arrangements with the client may include an hourly fee, a lump sum fee, or a percentage-based commission.

This is a particular disservice to homebuyers requiring a loan. Buyers will have to pay their own agent out of pocket, on top of a down payment and other closing costs. Finding thousands of dollars to pay an agent could be a challenge, especially for first-time buyers, who typically have limited funds and also the greatest need for an agent’s guidance. VA Loans currently prohit paying a Buyers Agent directly by the Buyer.

The trickle effect resulting from this barrier to entry for first time homebuyers or move up home buyers will likely affect the economy negatively in the near term. Home buying and construction drives jobs, manufacturing, retail and more.

Removing the buyer’s representation cost from the transaction but leaving the seller’s representation cost in is extremely one sided and unfair.

Florida has more real estate agents than any state in the US and over 99.9% of agents in Florida are transactional agents who don’t represent the buyer or seller in a fiduciary capacity. According to Florida statutes, unless an agent establishes a single agent or no brokerage relationship with a customer in writing, they are by default considered transaction brokers.

The Florida Legislature some time back rewrote a law to say that if you’re a fiduciary agent, you have to disclose that, but if you’re transactional broker, you don’t have to. Why is transactional brokerage so attractive to the agents? It is because you don’t have the legal liability, you don’t have the responsibility that a fiduciary agent has.”

Optima Properties is a member of the National Association of Exclusive Buyer Agents

(NAEBA.org) and never represent Sellers. Optima Properties does not list or sell houses and never practice Dual agency. Optima Properties will never ask homebuyers (clients) to sign a “consent form” asking them to switch to another “Designated Buyers Agent or Dual Agent” within the team or same real estate brokerage in the middle of a real estate transaction because the buyer is interested in making an offer on one of their company’s real estate listings.

Click Here for a list of

“100 Services Provided to Home Buyers”

by Optima Properties

Filed under: 2022 Real Estate, 2024 real estate, Blog, Boca Raton real estate, Buyer Compemsation, closing costs, contracts, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, Homebuyer Advice, House Closings, Mortgage Information, NAR, NAR Legislation, new home construction, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, Real estate trends, Seller Financing, South Florida Real Estate, yer by Kim Bregman
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Florida is now America’s fast growing state. According to recent census data, the Sunshine State added over 400,000 additional people between July 2021 to July 2022. It was a growth of 1.9%, bringing the total population to 22,244,823. That makes it faster-growing than Texas, which has the second-largest population in the United States, trailing only California. Florida is a popular destination for retirees, second-home buyers, and investors which is driving up demand for housing.

Florida has consistently maintained one of the highest rates of job growth in the U.S., making it an appealing destination for those seeking employment opportunities and a vibrant lifestyle. This influx of residents contributes to the demand for housing in the state, stimulating the real estate market.

Key Market Indicators:

·      For Sale Inventory: As of December 31, 2023, there are 133,691 properties listed for sale, showcasing a diverse range of options for potential buyers.

·      New Listings: In the same period, 32,615 new listings have entered the market, providing fresh opportunities for those in pursuit of their dream homes.

·      Median Sale to List Ratio: The median sale to list ratio, a key metric indicating market competitiveness, stands at 0.977 as of November 30, 2023.

·      Percent of Sales Over List Price: Notably, 14.5% of sales in November 30, 2023, exceeded the list price, indicating a competitive environment.

·      Percent of Sales Under List Price: On the other hand, 67.9% of sales during the same period were below the list price, providing insights into negotiation dynamics.

Florida’s strong population growth, diverse job market, tourist attractions, affordable property prices, tax benefits, and diversified economy all contribute to making it a hot spot for real estate investment.

Filed under: 2024 real estate, Blog, Boca Raton real estate, Exclusive Buyer Agency, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Homebuyer Advice, International Home Buyers, International investors, Real Estate, Real Estate Investment, real estate news, Real estate trends, second home, South Florida Real Estate, vacation home by Kim Bregman
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Florida is home to over twenty different species of termites with the most damaging and common species are subterranean and drywood termites. These termites cause billions of dollars of damage annually in the United States and correct termite identification is pivotal to successful prevention, control, and protection of your home.

Subterranean termites live and invade from underground, and a single colony can cover one acre underneath
homes. They typically live in dark, moist, hidden environments underground but will create and live in carton
nests aboveground. These can be found in walls and attics of structures and in nearby trees. To move above the
ground, these termites build mud tubes on foundations, walls, and nearby trees. These mud tubes are a sign
of termite activity and used for detection.

Drywood termites live and forage in dry wood. There are many different species of drywood termites in Florida,
and these are located throughout the state. They enter structures through swarming from infested trees, stored
wood, or other structures near your home. Unlike subterranean termites, drywood termite colonies grow
slowly and thus do not cause as much damage as subterranean termites. A tell-tale sign of drywood termites are
sawdust-like piles near the infestation, these piles are hexagonal shaped pellets or waste of the termite.

Actions you can take to keep air home termite free are:

• Eliminate sources of standing water in or near the home.
• Be wary of areas in the home where wood is in contact with soil.
• Keep piles of lumber or firewood away from your home.
• Regularly inspect your deck, patio, or outdoor furniture for signs of damage.
• Remove decaying trees and branches from areas surrounding your yard.
• Use pine needles, pea gravel, rubber, or other non-organic material as mulch.

Part of your Inspections before purchasing a home should include Wood Destroying Organisms ( WDO) Inspection. Unlike most states, the Florida Department of Agriculture and Consumer Services (FDACS) requires the licensed WDO Inspector to report on Wood Destroying Organisms.

The Department of Agriculture and Consumer Services recommends that you hire a licensed pest control company for correct termite identification and protection for your home. You can find out if a company is licensed in Florida at: https://www.fdacs.gov/Business-Services/Pest-Control. For more info and tips: https://www.fdacs.gov/Consumer-Resources/Health-and-Safety/Protect-Your-Home-from-Pests/Termites.

Filed under: 2024 real estate, Blog, Boca Raton real estate, Exclusive Buyer Agency, First Time Homebuyers, Florida Real Estate, Home Buyers, home Inspections, Home Maintenance, home safety, Homebuyer Advice, Real Estate, Real Estate Investment, real estate news, South Florida Real Estate, Termites, WDO Inspection by Kim Bregman
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A recent survey from the National Association of Home Builders (NAHB) found that energy-efficient features are among the most sought-after “must-haves” among homebuyers. Among those surveyed, 83% desired Energy Star-rated windows, 81% wanted Energy Star-rated appliances and 80% preferred energy-efficient lighting.

Though eco-conscious sensibilities compel millions of homeowners to make their homes more energy-efficient, that’s not the only reason to upgrade your home. The following are a handful of the many benefits of energy-efficient homes.

Save money: The U.S. Department of Energy indicates upgrading to energy efficient appliances products can help homeowners reduce their energy costs by as much as 30%. The Environmental Protection Agency (EPA) estimates you can save 11% on average on your total energy costs by air sealing your home and adding insulation in the attic and crawl spaces.

Improve resale value: Being able to market your home as energy-efficient when it comes time to sell it may help your resale value, especially as energy-efficient homes become better-known and more in-demand.

According to several studies, energy-efficient homes and apartments garner anywhere from 2% to 8% more in sales prices than their traditional counterparts. Research from the mortgage lender Freddie Mac found that homes with energy-efficient ratings sold for nearly 3% more on average than homes without such ratings.

Live healthier: The benefits of energy-efficient homes aren’t just economic, though health-related benefits certainly produce an economic incentive as well.

Energy-efficient homes boost your comfort level by also enhancing the indoor air quality by reducing pollen, dust, insects, and humidity, which leads to better quality of life.

Energy-efficient appliances are typically quieter than traditional models, as well, making their operation less intrusive to your daily life.

To learn more and find out how to perform some of these improvements yourself, visit DOE’s Energy Saver website.

Tools and Calculators for Homes:

• Air Seal and Insulate with ENERGY STAR

Information, tools, and resource to help consumers seal and insulate their homes, including a DIY Guide to Sealing and Insulating with ENERGY STAR.

• Assess Your Home with ENERGY STAR

Information, tools, and resources to help consumers assess their home’s energy use, including the ENERGY STAR Home Advisor and the ENERGY STAR Home Energy Yardstick.

• Building Energy Software

List of building energy software packages, some of which are available for free or a small fee.

• ENERGY STAR Refrigerator Retirement Savings Calculator

A tool that allows a consumer to determine energy savings and costs associated with replacing non-ENERGY STAR-rated refrigerators.

• Heat & Cool Efficiently with ENERGY STAR

Information, tools, and resources to help consumers increase the efficiency of their home’s heating and cooling system.

• Roof Savings Calculator 

A tool developed as an industry-consensus roof savings calculator for residential and commercial buildings using whole-building energy simulations.

Filed under: 2024 real estate, Blog, Boca Raton real estate, Energy efficiency, Energy efficient homes, Exclusive Buyer Agency, First Time Homebuyers, Florida Real Estate, home automation, Home Buyer Advice, Home Buyers, home safety, Homebuyer Advice, new home construction, Real Estate, real estate news, Real estate trends, smart home, South Florida Real Estate by Kim Bregman
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For now, economic signals suggest more positive news for buyers in 2024 though no experts are forecasting a return to 3% rates anytime soon. More likely, we will see the 30-year mortgage rate decline closer to 6% according to forecasts from the Mortgage Bankers Association and the National Association of Realtors.

Mortgage rates and housing prices are both high while the housing supply is running low. The current market has a 3.6-month supply of unsold home inventory. A balanced market has a supply of five to six months. Despite larger shortages, 92% of markets have seen modest inventory growth over the last three months, according to a November 2023 report from ICE Mortgage Technology.

Until supply catches up to demand, prices are unlikely to fall. Realtor.com estimates prices will fall less than 2% next year and that is a nationwide forecast. Prices in the South are not expected to fall with over 2000 people a month moving to Florida.

More than one in four homes are still selling for above list price, according to October 2023 data from the NAR: 28% of homes sold for above list price that month. Homes for sale spent a median of 23 days on the market and saw an average of 2.5 offers, a sign that competition remains tough.

Don’t let high rates keep you on the sidelines for too long. When rates go down, competition goes up — another reason there’s no time like the present to start house hunting.

How do you compete in this market?

1.    Adjust your criteria and expectations. No one gets 100% of what they want in a home. Decide the features that are your top priority and compromise on the rest. Plan on adding or changing features you can control in the future and shop for those you cannot such as location, community amenities, school districts, and more.

2.    Consider the option to refinance in the future if rates do fall significantly. Nothing in the economy is suggesting that this will happen anytime soon. Waiting around for rates to drop only means that there will be more competition for the homes you can afford while home prices continue to rise. Consider getting into a home that you can afford and leave open the option to refinance in the future to ease your monthly expenditures and invest in home improvements. Should rates not fall, then you are already building equity and are way ahead of where you would be if you waited.

3.    Consider new construction, some developers are offering below market mortgage rates if you use their financing company and often include incentives towards closing costs. You start off with a brand-new roof, appliances, a home warranty, and more so the future expenditures you need for a resale can be applied to your down payment or décor.

Filed under: 2024 real estate, Blog, Boca Raton real estate, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Homebuyer Advice, new home construction, Real Estate, Real Estate Investment, real estate news, Real estate trends, South Florida Real Estate by Kim Bregman
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Filed under: 2024 real estate, Blog, Boca Raton real estate, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, Homebuyer Advice, Mortgage Information, Real Estate, Real Estate Investment, real estate news, Real estate trends, South Florida Real Estate by Kim Bregman
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While a government shutdown won’t stop people from buying and selling homes, the ripple effects across the economy could be disruptive, especially if it drags on.

Some expect to see delays around mortgage loans, particularly if the shutdown isn’t resolved quickly. Zillow estimates around 2,500 originated loans would be delayed per working day. Homebuyers applying for a government-backed mortgage from the Federal Housing Administration would face processing delays.

A government shutdown could also delay mortgage loan approval for other reasons. In areas where flood insurance is required, for example, buyers could be stalled if the National Flood Insurance Program were to pause operations.

• Delayed Loan Processing- Some federal agencies, such as the Federal Housing Administration (FHA), may operate with reduced staffing or close entirely. This can lead to delays in loan approvals and processing, affecting both homebuyers and sellers. It’s essential to inform your clients about the possibility of extended timelines.
• Verification and Documentation- Many mortgage applications require verification of income, tax returns, and other documentation from government agencies. If these agencies are affected by a shutdown, obtaining necessary documents may become more challenging, further slowing down the mortgage approval process.
• National Flood Insurance Program (NFIP)– The NFIP is vital for many homeowners in flood-prone areas, as lenders often require flood insurance for mortgage approval. A government shutdown could impact the availability of NFIP policies and affect property transactions in flood-prone regions.
• IRS and Tax Transcripts–The Internal Revenue Service (IRS) provides tax transcripts required for mortgage applications. The IRS would remain funded through the Inflation Reduction Act, but obtaining these transcripts may become difficult, potentially leading to delays in loan processing and closing.
• Appraisals and Inspections- Government shutdowns may disrupt the scheduling of appraisals and inspections, as federal agencies oversee certain aspects of these processes. Delays in these areas can lead to extended closing times and may affect contract deadlines.
• Market Uncertainty- A prolonged government shutdown can create uncertainty in the real estate market, causing some buyers and sellers to delay their transactions until stability is restored. This could result in slower market activity and potential fluctuations in home prices.
• Economic Confidence- Government shutdowns can erode consumer and investor confidence in the economy. If potential buyers and investors become hesitant due to political uncertainty, it may impact the overall demand and stability of the real estate market.

Filed under: appraisal, Blog, contracts, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Flood Insurance, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Financing, home Inspections, Homebuyer Advice, House Closings, Mortgage Information, Real Estate, Real Estate Closings, Real Estate Investment, real estate news, South Florida Real Estate by Kim Bregman
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• Have a residence with no smokers
• Pay your premium upfront
• Pick paperless billing
• Sign up for automatic payments

Filed under: 4 Point Inspection, Blog, Boca Raton real estate, Exclusive Buyer Agency, Exclusive Buyer Agent, First Time Homebuyers, Flood Insurance, Florida Real Estate, Home Buyer Advice, Home Buyers, Home Maintenance, home safety, Homebuyer Advice, Homeowners Insurance, Hurricane Preparedness, Insurance Claims, Real Estate, real estate news, South Florida Real Estate by Kim Bregman
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