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The right of first refusal

by Kijner & Sons International Realty

The right of first refusal to purchase clause on a lease may seem clear at the time a lease is negotiated and it is usually viewed as an incentive to the tenant since it does not cost anything. However, a right of first refusal, unless it is very clearly stated on the lease, might complicate matters.

The right of first refusal gives the option to the tenant that before the landlord/seller can sell the property, the tenant must be given the opportunity to purchase it for the same price, terms, and conditions as the offer received from an outside third party.

1. The lease shall state a specific amount of days for the tenant to respond as to whether he accepts or rejects his right to purchase the property.

2. The lease must give certain amount of days for the tenant to have the purchase contract drawn and executed after he/she is notified of an outside offer has been received

3. The provision should state if this is a one-time right or if it continues during the term of the lease for every offer the landlord receives.

4. The third party offer must be in writing and signed by the prospective buyer before it is presented to the tenant for his consideration.

5. One of the complications that it may occur is that if the tenant declines to meet the price being offered by the outside third party, and later on the property closes a a lower price, after the initial agreed price is reduced due to defects found during inspection period, the tenant may claim he was not given the opportunity to buy at the lower price.

6. All communications must be transmitted in writing and are time sensitive.

7. The lease shall define very clearly if any sale to a third party is going to be subject to the existing lease or if tenant or landlord may have the right to terminate the lease at the time of the sale.

Any Realtor® taking a listing with a lease in place should be made aware by the owner if a right of first refusal is in effect. The Realtor® should review these provisions and clearly understands whether or not the listing Realtor® would be entitled to a commission in case such right of first refusal is exercised by the exiting tenant. The Realtor® should be prepared to assist owner/landlord navigate these troubled waters.

Do you have questions about purchasing or selling a property with a tenant in place in Miami or Sarasota Florida ? Contact our Florida agents today at You'll be glad you did :)


Courtesy of Mrs. Terri Alvarez, Broker at Fortune International Realty, Miami FL



New Changes to the Florida Condominium Act

by Kijner & Sons International Realty

On July 1, 2017 several new amendements to chapter 718 of the Florida Condominium Act went into effect. Here is what you need to know if you are looking to rent or buy a condo in the Sunshine State.

  • A unit renter has the right to inspect and receive a copy of the association’s by-laws and rules.
  • The association must issue an estoppel certificate (letter) within 10 business days of receipt of a written electronic request for said certificate.
  • If the estoppel certificate is not delivered within 10 business days from request, no fee may be charged for the preparation and delivery of said estoppel certificate.
  • The estoppel certificate if hand-delivered or sent electronically must be valid for 30 days; and 35 days if sent by regular mail.
  • The fee is limited to up to $250.00. However, for an expedited request to be delivered within 3 business days, the association may charge an additional $150.00. Furthermore, if the owner is delinquent on the payments, the association may charge an additional $150.00.
  • All condominium estoppel certificate must contain the following:
    • Specific assessment information
    • An itemized list of all assessments
    • Regular periodic assessment and frequency
    • Assessments and other moneys to become due
    • If there is a capital contribution fee and the amount
    • Resale fee or any other fee and the amount
    • If there is a right of first refusal to the association or to its members
    • Contact information for all insurances maintained by the association
  • Board of director members are limited to a maximum term of 8 years.
  • Denial of condo documents may be cause for a felony charge.
  • Associations with 150 or more units must post digital copies of the condo documents on its website as of July 1, 2018.

Effective July 1, 2017, Condo Associations and Homeowners Associations will have a limit on the amount they will be able to charge homeowners for an Estoppel Certificate (estoppel letter). The cap is as follows:

  • For Homeowners who are current in their assessments: $250.00
  • For expedited services, to be delivered within 3 days from request: $100.00 extra
  • For Homeowners who are delinquent in their payments: $150.00 extra

This bill also requires certificates to be valid for 30 days if delivered electronically, and 35 days if delivered by mail. This uniformed fee will facilitate accuracy for closing agents when preparing closing estimates for sellers.

If you are looking to rent or buy a condo in Miami Florida, contact us today at


Source: Fortune International Realty

KSI Realty NYC Renter's Guide

by Kijner & Sons International Realty

Kijner & Sons International Realty is thrilled to share with you its New York City Renter's Guide. If you have ever wanted to navigate with ease the maze that is New York City's rental market, this illustrated guide is right for you!

Whether you are from New York yourself or a recent transplant, you will learn some of the most common local leasing terms, know what to expect when putting an application in and how to be fully prepared when looking for your next home in Manhattan. We make the leasing process easy, convenient and fun for you! Contact us now to get you started on your next NYC apartment search.

We have thousands of listings for rent all over the city whatever your budget or needs are. We look forward to assisting you!

Click here to view our latest properties for rent in New York City. For any inquiries, contact us today at or schedule your private consultation at our conveniently located Midtown East office.

Click here to download your KSI Realty NYC Renter's Guide

The Difference Between Apartment and Condo in Thailand

by Kijner & Sons International Realty

As long time international brokers and real estate professionals, local industry jargon is rarely an obstacle, but for many investors and future clients, some terminology can remain confusing especially in a country such as Thailand and a city like Bangkok. The demand for Bangkok’s Business Central District (BCD) housing remains very strong with limited supply of quality, renovated and well-priced properties.

The preferences of foreign expatriates, young domestic business professionals and their families are centered around 3 main offerings: apartments, condominiums and town-houses. Very often, most tenants in Thailand don’t understand the simple difference between apartments and condominiums. The mysterious answer resides in the ownership of the unit by one individual for apartments and by multiple and individual owners for condominiums. This can make a notable difference especially when dealing with a query or an issue.  The point of communication will be central and unique for apartments whereas for condominiums a mixture of Juristic Office staff - managing the common areas and services of the building - and the owner of the particular unit will take place. The time response and efficiency in the handling of any issues such as an A/C or washing machine being out-of-service can make a positive or negative lasting impression on a tenant and will certainly motivate his or her choice for future extension in the long run.

Ideally, a landlord wants to secure a tenant for as long as possible by providing the best service possible. In reality, this doesn’t necessarily happen and often tenants leave their units to the great demise of their landlord at the end of the lease without having given the chance for the owners to address some issues for which they are not necessarily aware of or have not been contacted for. This situation alone makes apartments more desirable on a tenant point-of-view as they are often kept in a more recent or updated condition, the communication channel between tenants and landlord is more direct and efficient and all issues handling is centralized.














But rest assured, some advantages of condominiums are notable such as a less standardized decoration, more flexibility in allowing your friendly domesticated companions to live in the premises (cats, dogs, turtles and other adorable creatures) and more room for price’s negotiation as renting price in the building is not set by one owner. From an investment point-of-view and if your budget allows owning standardized units, centralized management can create interesting economies of scale and increase your ROI while safeguarding your capital, helping you reach the long-term goal of capital appreciation. For a more controlled budget, condominiums can be great opportunities to generate monthly cash flows and secure your savings into a long-term asset. Foreigners can benefit from full ownership in projects that are respecting the 51-49% ratio rule between Thai national and foreign owners.

Dr. Sopon Pornchockchai, President of the Agency for Real Estate Affairs (AREA), develops in his 2011 Land Survey Valuation Report, that although there are limited amount of apartments’ development in the pipeline, some 300 projects are ready to be launched in the next 4 to 5 years in Bangkok’s BCD; hence offering more choices and ultimately, more value to both domestic and foreign users. This ensures the attractiveness for Bangkok’s property investment from both domestic investors and foreigners who want to diversify their portfolio.

KSI Realty Thailand predicts that the fast development trend of the last 5 years of high rises will slow down in favor of more harmonized and community-oriented low rises or town-home sub-divisions. Although land prices remain strong and have increased more than 3 times in the last 15 years, some developers will follow the trend of building more quality than quantity-oriented housing and offer ultimately more luxurious, city and eco-friendly-oriented lifestyle to their customers. For more info on Real Estate news in Thailand please visit our Blog, like our Facebook Page and follow us on Twitter  


Article by Kijner & Sons International Realty, 21 February 2012

6 Creative Ways to Afford a Home

by Kijner & Sons International Realty

If you are looking to purchase a property in Miami or Sarasota Florida, but fell like you don't have the funds, here is a list of 6 creative ways to afford a home: 

1. Investigate local, state, and national down payment assistance programs. These programs give qualified applicants loans or grants to cover all or part of your required down payment. National programs include the Nehemiah program,, and the American Dream Down Payment Fund from the Department of Housing and Urban Development,

2. Explore seller financing. In some cases, sellers may be willing to finance all or part of the purchase price of the home and let you repay them gradually, just as you would do with a mortgage.

3. Consider a shared-appreciation or shared-equity arrangement. Under this arrangement, your family, friends, or even a third-party may buy a portion of the home and share in any appreciation when the home is sold. The owner/occupant usually pays the mortgage, property taxes, and maintenance costs, but all the investors' names are usually on the mortgage. Companies are available that can help you find such an investor, if your family can’t participate.

4. Ask your family for help. Perhaps a family member will loan you money for the down payment or act as a co-signer for the mortgage. Lenders often like to have a co-signer if you have little credit history.

5. Lease with the option to buy. Renting the home for a year or more will give you the chance to save more toward your down payment. And in many cases, owners will apply some of the rental amount toward the purchase price. You usually have to pay a small, nonrefundable option fee to the owner.

6. Consider a short-term second mortgage. If you can qualify for a short-term second mortgage, this would give you money to make a larger down payment. This may be possible if you’re in good financial standing, with a strong income and little other debt.

If you are looking to purchase a house in either Sarasota or Miami Florida, contact Kijner & Sons International Realty at


Source: The National Association of Realtors® (NAR)

Displaying blog entries 1-5 of 5




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