A: As the property owner and landlord, you bear some, if not most, of the responsibility for the damage your tenant caused to the neighbor. Despite your lack of knowledge about the unauthorized addition to the plumbing, as the property owner, you will likely be held accountable for the damages.

‘Property owners are legally obligated to maintain their property to a standard that prevents damage to others, and you may have to cover the repairs your tenant’s actions caused.

Upon learning about this, your first step is to visit the apartment and ensure the plumbing issue has been resolved. Inspect the rest of the property to ensure there are no other problems; if there are, have it properly fixed.

Put your tenant on notice that he violated the lease and will be held responsible for the damage. Find out if he has rental insurance.

Realistically, making the tenant repay you for the damage he caused will be difficult, but you can at least try.

You will also need to decide if this situation is a reason for you to evict your tenant. Like not paying the rent, breaking the rules set out in the lease, such as making unauthorized renovations, can also lead to the tenant being evicted.

Your next step is to inform your insurance company about the situation. Discuss the damage with your neighbor to determine its extent and find out who their insurance company is, as your insurance company will need this information. Your neighbor’s insurance will likely coordinate directly with your insurance company to make the repairs.

This will be more difficult if one or both of you do not have insurance, but the repairs and reimbursement will need to get done in any case.

While it is better if everyone cooperates, there is a realistic possibility this will end up in court, so make sure to take pictures and make good notes along the way.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

The changes were prompted by a series of antitrust lawsuits filed against the National Association of Realtors that claim it enforced practices that made it more expensive to sell a home. The industry group is also facing a $418 million settlement.

For decades, sellers have used money from the home sale to pay a commission fee that gets split between their agent and the buyer’s agent. Typically the fee is around 5-6%, though the National Association of Realtors says that number has always been negotiable.

This long-running practice could be wiped out by two new rules from the National Association of Realtors that set stricter standards for how commission is determined.

Some speculate this could lead to lower earnings for agents, sparking an exodus from the industry.

“This is really a revolutionary change,” said MaryDell Penney, a market manager for Redfin who oversees agents in Tampa and Orlando. “It’s going to require everyone to have a mindset shift.”

What will change?

Starting Aug. 17, listing agents will no longer be allowed to advertise commission when posting a home to the Multiple Listing Services, a collection of centralized databases that members of the National Association of Realtors use to find available properties.

Previously, agents were required to list compensation on the Multiple Listing Services. Plaintiffs who sued the National Association of Realtors argued that this practice drove up commission rates.

Buyers will also have to sign a written agreement with their agents outlining how much the agent will get paid. The contracts could normalize the practice of buyers paying their own agents.

What does it mean for buyers and sellers?

For some people, nothing will change. Sellers can still offer to cover the full commission fee like they always have.

But some will choose to have each party pay their own agent instead, said Lei Wedge, a professor of finance at the University of South Florida’s Muma College of Business. Now, everything is up for negotiation.
“It’s not going to be as consistent as it was before,” she said. “Now you’re dealing with everyone’s individual preferences.”

Sellers could see more cash in their pocket at closing if they opt not to cover the buyer agent’s fee.

Buyers may be burdened with a new expense. Wedge suspects that many will take more time to shop around for an agent who offers a lower commission rate or flat fee. Some may forego using an agent altogether.

Buyers will also have to reach a written agreement with their agents. Adam Grenville, a Re/Max agent and president of Greater Tampa Realtor, warned this could be especially tricky, since there’s no universal blueprint for how these contracts should look yet.

“You need to make sure you understand what you’re signing,” he said. “Ask a lot of questions.”

What does it mean for the future of the industry?

The United States has some of the highest real estate commissions in the world. Wedge said these rules could bring us closer in line with other countries if more buyers and sellers start negotiating their agents down from the traditional 6% fee.

Since the settlement was announced in March, average buyer’s agent commissions have already seen a slight decline, according to research from Redfin.

Facing a potential threat to their earnings, some agents may choose to leave the industry. One report from investment firm Keefe, Bruyette & Woods predicted that changes to the commission structure could eventually cause as many as 1 million agents to abandon the profession.

While there’s always going to be turnover after a major change in the market, Penney said there are steps agents can take to adapt.

At her brokerage, buyer’s agents are already being trained to ask for agent compensation as part of the deal when making an offer on a property.

“I think there are a lot of agents that came into the industry in crazy COVID years when it was fairly easy,” she said. “Now it’s going to be tougher. They’re going have to have super sharp negotiation skills.”

©2024 Tampa Bay Times. Visit tampabay.com. Distributed by Tribune Content Agency, LLC.

When you buy a house on or after Aug. 17, you’ll do things differently than before. Rules will change on that date, due to the settlement of an antitrust lawsuit.

Unlike before, you will decide how much your real estate agent will be paid for representing you when you buy a home. And your agent won’t be paid by the seller’s agent. Instead, you’ll probably ask the home’s seller to pay your agent — a request that will be subject to negotiation.

In short: It won’t be the same purchasing process that your parents, siblings and friends went through when they bought their homes before the legal settlement with the National Association of Realtors.

Here’s how the new process will work.

You’ll sign an agreement before touring homes

You’re browsing real estate websites and you’ve spotted a house that you want to visit so you can see inside — this is known as a home tour. Before a real estate agent escorts you inside, you will be required to sign an agreement that defines what the agent will do for you.

The agreement can outline a lightweight and short-term relationship with the agent or it can be a longer-term contract — whatever you negotiate.

On the lightweight end of the spectrum, you could sign a touring agreement that lasts a day or a week or gives you access to just one or two houses. Think of it as giving the agent an unpaid audition. “I give them options. Option one is we could just sign the agreement just for today,” says Danielle Rownin, real estate agent with Keller Williams Realty in Connecticut. If the agent and client aren’t a good fit, she adds, the agreement expires at midnight “and we’re free to move on.”

You’ll sign an agreement even if the agent gives you a virtual tour, which is typically done by walking around the house with a cell phone camera. But you won’t have to sign a touring agreement to visit an open house. Likewise, you won’t have to sign an agreement for the seller’s agent to give you a tour of the home, because that agent is working for the seller and not for you.

You’ll sign an agreement when the search gets serious

At some point, you’ll officially hire a buyer’s agent. You’ll sign a wordier and longer-term contract that not only describes the agent’s responsibilities, but also how much the agent will be paid. It might be called a buyer agency agreement, a buyer-broker agreement or a buyer representation agreement. These agreements aren’t new; in fact, they’ve been required in some states. But now they’ll be required just about everywhere.

This could be the first contract you sign; you don’t have to use touring agreements. Or you might build a rapport with an agent during a touring agreement and convert it into a buyer agency contract.

It’s still possible to buy a house without hiring your own agent to represent you, but it’s discouraged.

You’ll negotiate the agent’s pay

The contract will spell out how much you will pay the agent for representing you. “It could be a flat fee — small or large — or it could be a percentage of the purchase price,” says Leo Pareja, CEO of eXp Realty.

Real estate brokerages will experiment with flat fees and other pay structures such as hourly rates. But for now, most buyer’s agents will charge commissions that are a percentage of the home’s price. Experienced agents might request higher percentages, and newbie agents might ask for less. You’ll have to put on your negotiating shoes and push for a commission that works for you.

If a buyer’s agent requests a 3% commission, “You should definitely say, ‘That seems high to me. Would you be willing to lower that figure?’ That’s all you have to say,” says Stephen Brobeck, senior fellow for the Consumer Federation of America.

Some agents might respond with a lower commission. Others might hold firm, telling you that you get what you pay for. This unyielding approach might impress you if you believe it means they’ll advocate zealously for you. Just keep in mind that there are plenty of agents who will compete for your business, and some might charge less. You don’t have to sign a contract with the first agent you negotiate with.

Percentages are abstract numbers, so doing the math to calculate the cost of the commission in dollars can help you understand what you’re committing yourself to. Take a $400,000 home, for example. A 3% commission would amount to $12,000, while a 2.5% commission would cost $10,000.

You’ll deal with contract elements besides pay

The duration of the contract is another thing you’ll negotiate. The agent might want to lock you in for 90 days, explaining that we’re in a seller’s market and it might take a while to make a successful offer. However, Brobeck says 90 days is too long. “You should not accept anything more than 60, and you should ask for 30,” he says, explaining that you can renew the contract when it expires (if you’re satisfied with your agent).

Read the contract thoroughly and ask the agent to explain anything that’s unclear. If you still feel confused, seek a lawyer’s advice — it might be worth the price.

Watch out for fees on top of the commission, said Wendy Gilch, deputy director of Consumer Advocates In American Real Estate. “Admin fees, brokerage fees, transaction fees, regulatory compliance fees are junk fees and buyers should negotiate them out,” she said in an email. “They’ve become rampant, with some brokerages charging $800 to buyers on top of commission collected.”

The contract can specify the geographic area it applies to. It can be one address, one or more ZIP codes, a city, a county — whatever you negotiate. Gilch recommends against letting the agreement cover the whole state because that’s asking too much.

You can ask the seller to pay your agent’s commission

When you make an offer on a house, you can ask the seller to pay your agent in what is called a seller’s concession.

Having the seller pay your agent will be a relief if you’re already stressing about how you’re going to afford the earnest money deposit, the down payment and the closing costs. Your agent’s commission will be thousands of dollars, and many buyers don’t have that kind of money lying around.

“The seller has the ability to pay the buyer’s agent,” says Courtney Johnson Rose, president of the National Association of Real Estate Brokers, an industry group for Black agents. “That’s the seller’s prerogative.”

Here’s an example of how it can work: You offer $400,000 for the house on the condition that the seller pays your agent 2.5%, or $10,000. That means the seller nets $390,000 before paying the listing agent, taxes and closing costs.

You might find that the seller already has indicated a willingness to pay a concession of, say, up to 3% of the purchase price to pay the buyer’s agent or contribute to closing costs. In such a case, the seller won’t object to your request for money to pay your agent.

Even if the seller hasn’t signaled a willingness to pay your agent, you can still ask. It might be in the seller’s interest to pay. “Sellers who choose to offer said compensation will attract more buyers, get the best price and sell more quickly,” Rownin said in an email.

In a welcome change in policy, VA borrowers — home buyers with loans guaranteed by the Department of Veterans Affairs — will be allowed to pay their agents directly or via seller concession.

How negotiating a better deal can land you a home

Finally, a word on the value of negotiating a lower commission with your agent. Look again at the example in which you offer $400,000 and ask the seller to pass along 2.5% of it, or $10,000, to your agent.

Now imagine a competing buyer who also offers $400,000 — but asks for 3%, or $12,000, to pay their agent.

Your offer lets the seller collect $2,000 more. The difference could tip the offer in your favor because you negotiated a better deal with your agent.

Holden Lewis writes for NerdWallet. Email: hlewis@nerdwallet.com. Twitter: @HoldenL.

The article What Home Shoppers Need to Know About the New Buyer’s Contracts originally appeared on NerdWallet.

Your monthly mortgage payment will probably be the largest line item in your household budget. Impacting the size of those payments is the sort of mortgage you choose — particularly a 15-year vs. a 30-year mortgage. A shorter schedule requires larger payments but allows you to pay off the loan faster, while a 30-year schedule lowers your monthly payments but costs more in interest in the long term.

Here’s how to decide whether a 15-year or a 30-year mortgage is right for you.

15-year vs. 30-year mortgages: What is the difference?

Both 15-year and 30-year mortgages are fixed-rate loans. The difference lies mainly in their terms — how long you have to pay them off.

The 30-year, fixed-rate mortgage is the go-to for most Americans buying a home because it allows the borrower to spread loan payments out over three decades. Doing so helps keep the monthly payment more affordable. But it does mean paying more in total interest for the loan.

With a 15-year mortgage, borrowers pay off their loan in a decade and a half. As a result, each monthly loan payment will be larger. But the overall cost of the loan will be less, since you’re paying interest for a shorter amount of time.

“The longer the term, with everything else being equal, the lower the payment amount because the mortgage amount is amortized over a longer period,” says Teri Williams, president and chief operating officer of OneUnited Bank, adding that, a 15-year mortgage would also have a lower annual percentage rate, or APR, than a 30-year mortgage. Lender offer lower rates on the shorter loans because it’s easier to predict repayment over a 15-year timeline than a 30-year one.

Even with a lower rate, though, your monthly payments will almost always amount to less with a 30-year mortgage compared to a 15-year mortgage.

15-year vs. 30-year mortgage example

The cost difference between a 15- and 30-year mortgage can be significant. Below is an example of the options on a $300,000 loan. We’ve assumed 6.90 percent interest on the 30-year term and 6.24 interest on the 15-year term, based on Bankrate’s national survey of lenders as of July 24.

As an example, on a $300,000 mortgage with a 6.90 percent interest rate, your monthly payment would total $2,240 for 30 years. You’d spend $411,288 in interest over the course of 360 monthly payments.

A 15-year mortgage carries a lower mortgage rate. So, with a $300,000 15-year mortgage at a rate of 6.24 percent, the monthly payment would total $2,835 or $162,714 in interest over the life of the loan.

Though payments are lower each month with a 30-year mortgage, the interest rate is higher and paid over a term double in length. Over time, a 30-year mortgage is thus substantially more expensive than a 15-year loan, thanks to heftier interest rates.

15-year mortgage pros and cons

A 15-year mortgage might sound like a more attractive option. You’ll likely save a bundle in interest and pay off your home faster. Still, there are trade-offs to consider.

Pros

—Typically lower interest rate

—Much less interest paid over the life of the loan

—Loan is paid off sooner

—Builds home equity faster, as payments toward loan principal are higher

Cons

—Monthly payments are higher to speed up repayment

—Can be harder to qualify for

—Less wiggle room in budget for emergencies or investments

30-year mortgage pros and cons

A 30-year mortgage may give you more breathing room in your monthly budget, and it’s generally easier to qualify for. But you’ll pay far more in interest.

Pros

—Monthly payments are lower because the life of the loan is extended

—Flexibility to pay back the mortgage sooner as you may choose to make higher or extra payments as you are able

—Potentially more money available for emergencies or savings and investment

—Lower income qualifications, as you do not need to prove an ability to make payments on a condensed schedule

Cons

—Typically higher interest rate

—Loan takes longer to pay off

—Much more paid in interest over loan lifetime

—Loan is more expensive overall

Alternatives to 15-year and 30-year mortgages

If these loan terms don’t work for your financial situation, some lenders offer mortgages with other terms or repayment strategies. Alternatives worth considering include:

—10 year: These loans are ideal if you want to be aggressive with your repayment strategy. Expect a steep monthly payment, which could be worth it considering the amount of interest you’ll save.

—20 year: You’ll get a slightly more affordable monthly mortgage payment than a 10-year mortgage but can still save a bundle in interest and pay your loan off faster.

—40 year: Relatively rare, but offers the lowest monthly payments. Still, you might want to refinance later once you can afford higher to minimize the overall cost.

—Interest-only mortgage: This option lets you make interest-only payments during an introductory period, followed by much higher principal and interest payments over the remaining loan term.

—Adjustable-rate mortgage (ARM): ARMs are generally 30-year mortgages with low fixed rates during an initial period. After that, the mortgage enters a variable-rate period, where the rate changes periodically. For example, with a 10/1 ARM, you’ll get a fixed interest rate for the first decade of your loan. When that ends, you’ll get an adjustable rate — that changes once per year — for the remaining 20 years. ARMS are best if you plan to move or refinance before the introductory period ends.

Consider how long you plan to stay in your home versus the duration of the mortgage you’re considering. If your goal is to get as low a payment as possible for a short time (i.e., less than five years), you might want to explore an interest-only mortgage.

“Many people sell their home before 15 to 30 years and pay off their mortgage before the end of the term, so the mortgage term may be less important,” says Williams.

Prepay a 30-year mortgage

You can always take out a 30-year mortgage and make higher or more frequent payments to pay it off sooner. Also known as prepaying your mortgage, this strategy effectively lets you create your own 15-year mortgage from a 30-year one.

Before going this route, check whether your loan has a prepayment penalty. These days, most mortgages don’t — but if yours does, the penalty usually only goes into effect if you pay off the mortgage, or a significant portion of it, within the first three to five years of the loan.

Is a 15-year or 30-year mortgage better for you?

Bear in mind that 15-year mortgages demand stronger financials, because the monthly payments are higher. Lenders will want to see a higher income and lower debt-to-income ratio.

Assuming you can qualify for both loans, though, what ultimately should drive your decision is what mortgage payment you can afford, and whether or not a larger payment would strap you and inhibit making other important financial moves, like saving for retirement.

Here’s a closer look at some key factors to consider when choosing between the two:

—Calculate mortgage payments for homes at multiple price points: Bankrate recommends following the 28 percent rule and the 36 percent rule. These rules advise buyers that no more than 28 percent of their gross income should go towards a mortgage payment each month and that no more than 36 percent of their gross monthly income should go toward monthly debt payments.

—Take a close look at your monthly budget. Evaluating your spending plan and financial commitments can help you determine what kind of mortgage payment will be feasible and comfortable for you. If you will feel consistently over-extended by the payments on a 15-year mortgage, you may consider getting a 30-year loan and making extra payments to it for an earlier payoff.

—Understand your income and obligations. “The consumer also needs to consider the reliability of their income and debt levels,” says Rocke Andrews, past president of the National Association of Mortgage Brokers. Also, keep in mind that the requirements for a 15-year mortgage could be a concern for individuals whose income is seasonal or commission-based.

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©2024 Bankrate online. Visit Bankrate online at bankrate.com. Distributed by Tribune Content Agency, LLC.

A: The question of unequal contribution frequently arises in my practice. I usually see it in one of two contexts. The first variation is like yours, where one of the spouses contributes the down payment using money they inherited or had before the couple married. The other is a situation that usually involves a second or third marriage where each spouse wants to ensure their children from a prior marriage inherit their half of the marital home.

Fortunately, with proper planning, there are several ways to set this up, depending on your circumstances.

For many people, a trust can be a powerful and flexible solution.  A trust agreement is a legal arrangement that allows you to own property and manage it according to terms you agree upon. This flexibility lets you control your financial planning, allowing you to decide, for example, that when the property is sold, you or your heirs get the down payment back, the remaining mortgage gets paid off, and you split the remaining equity with your wife.

Instead, you could execute a post-nuptial agreement. This type of agreement is similar to a pre-nuptial agreement, but it is created after the couple is married to outline the division of assets and financial responsibilities in case of a death or divorce. It is used to protect individual assets, clarify financial rights and obligations, and make a clear plan for asset distribution to reduce conflict in the future.

I have also seen the spouse contributing most of the down payment, treating it like a loan, and recording a mortgage on the property. This option may not be available to you for various reasons, such as restrictions from the new bank loan you are getting, and may have tax disincentives. However, in the right situation, this could be a good solution.

Given your situation and the various options available, it’s important to seek the assistance of an appropriate professional to guide you through the legal intricacies and find the best solution for your circumstances.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

New condos, hotels and restaurants are envisioned for the coastal destination frequented by visitors, which already has seen much growth through the years. Some residents have long opposed the sheer amount of change, while newcomers have flocked there. What was once a quieter stretch of the beach off Atlantic Boulevard only has grown livelier.

Lou Moshakos, a developer, is among those who sees the region’s potential. He already opened The Oceanic at Pompano Beach, a restaurant with an ocean liner-inspired design, and Lucky Fish Beach Bar and Grill, which replicates a Keys-style open-air tiki bar right nearby. Beachgoers tend to go there, too.

“I love Pompano Beach,” Moshakos said. “The beach is one of the best beaches you can ever find. It’s up and coming, look at what’s happened to Pompano Beach in the last five years.”

Pompano Beach Mayor Rex Hardin said many of these projects are growth rising from older buildings. “Some of it’s redevelopment of projects that were already built there that were torn down and rebuilt in a modern fashion,” he said. “That’s good for the property values, that’s good for the tax base. The tax base helps pay the bills for the services residents want.”

“Pompano Beach is undergoing a renaissance and it’s showing. We are a great place to build.”

The new developments are in various stages of readiness, ranging from proposals to being under construction. Here’s a look at all the plans afoot.

Condo/hotel approach

One of the larger beachside proposals is what’ll ultimately become Oceanside Pompano Beach, at 20 N. Ocean Blvd., city records show.

It is on a 3.7-acre waterfront site acquired by The Related Group and BH Group, the current developers, for $47.5 million. The Oceanside Pompano Beach project that is in site-plan review has two parcels. Developer Related Group is city-approved for a 24-story condo-hotel on vacant lot and a 22-story hotel. It will include two buildings with 380 condos and include residential, hotel, recreational and retail spaces. The retail component along Atlantic Boulevard will connect to the public beach access to the east.

But it hasn’t gone smoothly.

Craig Fadem, a condo board member for Sea Monarch, an 18-story condo just north of the project, said residents are concerned about the new project’s plans for Northeast First Street, which condo residents have used for 54 years for trash pickup and loading and unloading deliveries.

“It’s a lot of development,” he said of the beachside. “That’s what happens. And that’s what the city of Pompano Beach wants. There’s not much we can do about it.”

Other projects also have drawn pushback. Some residents said they were worried when the zoning was approved for a new hotel at 101 S. Ocean Blvd. in July.

For now, the plan is known as “Pompano Hotel” and envisioned as a 252-room hotel and more than 7,000 square feet of ballrooms and meeting rooms, and a 2,000-square-foot fitness center, and more space for a restaurant and bar. After an outcry from neighbors and an accompanying city request, the developer agreed to widen the footprint and only go up to 18 stories, although it could have risen as high as 21 stories.

Allison Janse, a longtime resident, wrote in an email to elected officials, “I am now considering moving because of the traffic gridlock around Atlantic and A1A, which will be made exponentially worse due to the number of high-rise developments our elected officials have approved in a very short time and in very close proximity to one another.”

Still yet to come

Many developments are undergoing the review process, including Pure Residences Resort, a 21-story, mixed-use condo-hotel located at 3300 S.E. 1st St.

That project will feature 219 apartment-style suites, ranging from traditional hotel rooms to two-bedroom units with kitchens and living rooms, “catering to a diverse extended-stay market,” according to city records. Along Southeast First Street will be a retail gift shop and a coffee shop. The building design “will have a modern maritime theme with wave balconies and glass rails,” according to city records.

Another hotel-condo plan, which consists of two towers, is called Atlantic 3350. Located at 3350 E. Atlantic Blvd, it will be prominently located by East Atlantic Boulevard and State Road A1A. It’s currently in the site-plan review process.

One of its buildings will be 19 stories at the northwest corner of the site, a hotel that will have 110 suites with 180 rooms. The other structure will be a 21-story residential building with 77 units, located at the southwest corner of Atlantic Boulevard and State Road A1A. It includes mostly two-bedroom units. At the base of the towers are shared hotel-and-residential amenities, such as a pool, Jacuzzi, pool bar, and hotel restaurant.

Replacing older buildings

Some projects already are under construction. That includes Casamar, a 21-story building at 900 N. Ocean Blvd., which will consist of 119 residential condo units ranging from one to four bedrooms.

Casamar used to be the 46-unit Pompano Beach Villa Condominiums, which was built in 1979.

When it came time for the building safety inspection in 2019, the property owner “instead elected to demolish the old buildings and proceed with their planned construction of the new 119-unit condo building,” said Christopher Feltgen, the city’s Chief ePlan Technology Administrator, which entails electronic plan review.

With growth, “there’s not a whole lot of empty land” left, Feltgen said. Soon the expectation is developers will seek to “redevelop older properties into new property” as older buildings are knocked down.

One plan, just west of State Road A1A, is called Ocean 723, a three-story residential development with 12 units planned for 723 N. Ocean Blvd. An existing office building will be demolished to accommodate the new residences.

Each of the 12 units will feature two bedrooms and will range in size from 1,430 to 1,625 square feet.

Demolishing old to build new is the likely future for the beach.

Developer Adam Adache has built projects in Pompano Beach’s downtown, and his last beachside venture in the city was the 3-story, 21-unit townhome project called “14th and Ocean” in 2016.

But that’s not for a lack of effort. He said he has made offers to purchase aging apartment buildings and even timeshares where all the owners might want to sell so that he could build anew. Generally, “there’s no land left on the east side of town,” he said. “For the most part, land is out west or up north.”

He expects the growth in Pompano Beach to continue, as will redevelopment projects.

“The east is on fire right now,” he said of Pompano’s beachside. “It has nice, real wide, beautiful beaches.”

Developments under construction include the “Entourage in the Sun,” which will rise at 407 N. Riverside Drive at 10 stories. There will be 42 units, ranging from two to four bedrooms, each with direct water views, and private elevator access. Amenities include a pool, jacuzzi, club room, gym, and a dock with space for two boats.

The Ritz-Carlton Residences will be two buildings, on both sides of State Road A1A with 205 move-in-ready homes and 14 private boat slips. It is expected to be completed in 2025. The Beach Tower will be 32 stories with 117 homes. The Marina Tower, which is 14 stories high, has 88 residences. Each primary bedroom has a walk-in closet, and select residences also have service quarters. The penthouses feature garden terraces, a private pool, a summer kitchen, and 360-degree views spanning the Atlantic Ocean to the Intracoastal Waterway.

And as luxury brands like the Ritz rise in the city, Adache thinks that will create a “snowball.”

“It’s going to encourage more,” he said.

Places to eat

There also are more eateries expected to open within walking distance of the beach, along the Intracoastal Waterway.

A 350-seat indoor-outdoor Italian restaurant will open this fall in the 3100 block of East Atlantic Boulevard. It will be called Miraggio Italian Grill. The same developer is also building a seafood steak restaurant with 150 seats that will open in 2025 in the same area.

The 120-seat Yellow Yolk, a breakfast and lunch spot, opened in the spring.

And Moshakos, with The Oceanic at Pompano Beach and Lucky Fish Beach Bar and Grill, says he’s embarking on his next project.

He plans to lease beachfront land from the city that now has a concession stand, at 20 N. Pompano Beach Blvd., to replace it with “Pompano Sunbar,” which will be a counter-service bar and grill with tables on the sand. The new one-story building will have a 1,233 square feet kitchen and a 2,010 square feet cafe tiki bar with a dining deck. The project is in the permitting phase now.

Facing reviews

Other developments will be more residence-oriented.

Right next to the beach, just a few blocks south of Atlantic Boulevard, is a proposal for 580 Briny, a 10-story multifamily development of 17 homes. The name coincides with its address: 580 Briny Ave. That proposal is in the site-plan review process.

Other projects in the pipeline for their building permits:

— Hillsboro Shores, 2507 N. Ocean Blvd., will be up to 10 stories and 121 homes with a minimum of two bedrooms. There will also be more than 5,000 square feet of commercial space. Amenities will be on the fifth floor, including the pool.

— Duet Ocean Residences at 1550 N. Ocean Blvd., will be two 19-story buildings with 28 luxury residential condominium units and 3,000 square feet of commercial space. The project is at the southeast corner of the intersection of State Road A1A and Northeast 16th Street.

— The Waldorf Astoria Residences, at 1350 S. Ocean Blvd., will be on a 2-acre oceanfront site. There will be 92 homes with “a hospitality infused amenity package,” according to city records including a beachfront cafe with room service, resident lounge, pool, jacuzzi and cabanas with poolside dining, wellness facilities, and 19 boat slips that can fit boats up to 45 feet.

— Salato, at 305 Briny Ave., is a 40-condo project featuring units with 14-foot deep terraces facing the ocean. Amenities include a wellness lounge with daily coffee and tea service, gym, beach showering area, and pool, spa, and saunas. Set to open during first quarter of 2026, the building will also include 2,700 square feet of retail space fronting State Road A1A, planned to house a high-end restaurant serving the public and offering poolside service for residents.

Salato’s developer, John Farina, president and CEO of New Jersey-based U.S. Development, said the land was previously two buildings of one-story rental apartments.

“Pompano was always overlooked, nestled between Boca Raton and Fort Lauderdale,” he said. “Pompano was always a sleepy little beach town that has transformed into a destination for locals but also for people out of state. It has created opportunity for developers because there was beachfront land to be developed.”

Farina said the “popularity of Boca Raton for decades drew people there” but its price escalation in Boca and other hot spots “drove people and developers to look for new areas.

“It was only a matter of time before Pompano came into its own for redevelopment. It was prime for development.”

Amid the growth, city officials say they’ve been mindful that the projects don’t completely take over the beach.

“We’re very careful everything is done tastefully,” said city spokeswoman Sandra King. “Our intention is to do everything slowly with smart growth.”

Lisa J. Huriash can be reached at lhuriash@sunsentinel.com. Follow on X, formerly Twitter, @LisaHuriash

A: Homeowners are responsible for meeting the appropriate building code requirements for their property.

The building code is a set of rules published by your municipality that outline the minimum requirements to satisfy basic health and safety concerns. They concern the structure, electrical, and other systems in your home.

Depending on what is being built or renovated, the property owner must get the city’s permission, known as a “permit,” before the work is started. Your city will also inspect the work upon completion to ensure it meets the minimum requirements.

Whether a permit is required varies by location, with some areas requiring permits for almost everything, from cutting down trees to painting your mailbox, while other towns only concern themselves with significant work, like replacing your roof. Your city can provide you with specific information about required permits, which can typically be found on its website.

While it can be a hassle, the permitting process is not just a formality but a crucial step in ensuring the safety and legality of your home renovations.

Failure to obtain a permit when required can lead to penalties. This is considered a building code violation and may result in substantial fines and the removal of the renovation.

Sadly, I have advised numerous homeowners to repair or remove their sunrooms because they were constructed without permits or did not meet building codes.

This is even more frustrating when the renovation was done by one of the previous owners because the current owner must bear the costs of fixing the issue.

This problem can sometimes be avoided by reviewing the city’s permit history. The research may show a code violation or incomplete permit, raising a red flag.

Other times, what is not shown is the red flag. For example, since a permit is usually required for certain renovations like a converted garage or enclosed patio, not finding the appropriate permit is a huge warning sign that something is amiss.

Unfortunately, because you already own the property with the code violation, you will need to fix it. While you can try to work with your city to ease the burden, ultimately, it will need to be resolved.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

Nautica Residences and Hotel, first unveiled in 2022, originally called for a 50-story condo tower with 241 units; a 39-story apartment tower with 454 units; and a 32-story hotel with 155 rooms.

The latest plan calls for a 37-story condo tower with 200 units; a 30-story apartment tower with 360 units; and a 30-story hotel with 119 rooms. The 4-acre project includes a restaurant, cafe and a 90-slip marina with yacht valet.

Fort Lauderdale’s Planning and Zoning Board is expected to vote on the plan in mid-August. The project will also require a commission vote.

The riverfront site at 400 SW Third Ave. sits just east of another Cymbal project planned next door: The two-tower Raintree Riverwalk Residences, home to Fort Lauderdale’s historic rain tree.

Together, the two projects comprise what Cymbal is now calling Nautico District, a place to visit, live, boat, work, shop, and be entertained and pampered amid a vibrant yachting scene, as described by Cymbal’s marketing team.

“We spent two years speaking with the community and city officials to ensure the vision for the Nautico District reflected our conversations,” Cymbal told the South Florida Sun Sentinel. “We adjusted the plans to reflect the market and best serve the community. Once built, the development will rejuvenate the south side of downtown Fort Lauderdale’s riverfront, making it a go-to destination for live-work-play while delivering the last piece of the Riverwalk.”

The Nautica site is currently home to the popular restaurant Pirate Republic and the Riverfront Marina dry boat storage facility. The restaurant will remain and the marina will be renovated.

The Nautica project brings Cymbal’s total investment in the neighborhood to $1.5 billion.

Cymbal’s Raintree Riverwalk project in the 400 block of Southwest Fourth Avenue calls for 678 luxury apartments in the 400 block of Southwest Fourth Avenue. The East Tower will have 29 floors and the West Tower will have 26. Restaurants, bars and shops will line the ground floor.

Cymbal expects to break ground on Raintree Residences in 2025.

The project initially sparked a public outcry, with residents from all over town worried the century-old rain tree might be lost to development.

Cymbal promised the city he’d do all he can to save the raintree, the largest of its kind in the continental U.S.

The tree, with a sprawling 130-foot-wide canopy, was moved closer to the New River a year ago. If it dies within five years of being moved, Cymbal will be required to pay the city $1 million.

So far, the 750-ton tree appears to be doing well in its new home closer to the water’s edge, Mayor Dean Trantalis says.

“The rain tree is actually thriving and looking in much better shape than before the move,” Trantalis said Tuesday.

The mayor says he’s more worried at this point about the potential of a bridge needed for commuter rail destroying downtown’s bustling vibe.

Cymbal’s Nautica project is partly in the way of the proposed bridge.

County officials have said they prefer a $500 million bridge to a tunnel because it would save taxpayer money.

Trantalis is pushing for a tunnel to get commuter trains across the New River, saying a bridge would simply ruin downtown.

“A tunnel would have minimal impact on this project,” Trantalis told the Sun Sentinel. “A bridge would totally destroy the value of the project. The bridge would probably run within feet of the east side of the building. Putting a bridge through the spine of the city makes no sense whatsoever.”

Commissioner Warren Sturman, whose district includes the neighborhood, could not be reached for comment.

Vice Mayor Steve Glassman says he plans to listen closely to what members of the Planning and Zoning Board have to say when they vote on the Nautica project. He agrees that a bridge would ruin the project.

“There is no way you can do a bridge with this project,” Glassman said. “You just can’t. But you can do a tunnel. A tunnel alleviates all those problems.”

Susannah Bryan can be reached at sbryan@sunsentinel.com. Follow me on X @Susannah_Bryan

A: A municipality can fine you for a long-existing code violation.

From reading your question, it sounds like you got a permit for a pool and fence, but not necessarily a fence with mesh slats.

Now that the city realizes there was a code violation, they are asking you to correct it.

A “statute of limitations” is a law defining the maximum amount of time after something happens in which a party can begin legal action. For example, in Florida, most contract-related lawsuits must be brought within five years of the breach of the agreement.

Because your violation has been ongoing with the privacy slats still in place, the statute of limitation has not yet begun because the code violation began 12 years ago and still exists today.

You are responsible for correcting now that the city has caught on.

If the city had approved the permit for a fence with privacy slats, you would have a better argument, but not necessarily a winning one.

Generally speaking, if a municipality permits something in error, it can revoke it. The reasoning is that while people should be able to rely on the assurances and commitments of public officials, a public official cannot, in error, allow something forbidden.

However, even this has limits and exceptions. In certain circumstances where the property owner makes a substantial change in position in good faith that incurs significant expense, the city may be “equitably estopped” from creating a severe and unjust result due to its mistake. However, equitable estoppel is only available in exceptional circumstances.

While you may not want to remove your privacy slats, I do not think you would qualify for this rare exception. You should remove the offending fence slats and work with the city to find an approved way to regain your privacy.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

The home just hit the market for $18.5 million.

The 4,000-square-foot, two-story home sits where the Atlantic Ocean meets the Gulf of Mexico, offering great views from every direction.

According to property records, the seller is Cecilia Joyce Johnson, widow of the late sculptor John Seward Johnson II, who died in March 2020.

The house, built in 1958, was purchased by the Johnsons in the 1990s.

“He was a very famous public figure and this was his winter home,” said Ellen Gvili, a global real estate adviser who currently holds the listing with Ocean Sotheby’s International Realty. “Which adds even more interest to the home and the property.”

A plaque at the front of the home reads “The Southernmost Southernmost House U.S.A.,” reminding any passers-by just how distinguished 400 South St. is. Greenery and towering palm trees line the pathway to its front door.

Five bedrooms, six and a half bathrooms and one powder room are part of the 4,008 square feet of living space on the 17,000-square-foot lot.

Its most luxurious amenities include a chef’s kitchen with ample open space, restaurant-style stainless steel appliances and a Sub-Zero fridge as well as a Florida room — the natural-lit sunroom with sliding glass doors that lead to the pool deck.

Outside, a 50-by-20-foot swimming pool stretches across the backyard, with room for a spacious lounge area for sunbathing.

At the edge of the deck a mosaic pieced together with shades of blue reads, “North America begins here.”

Its prime location not only boasts stunning views, but also proximity to Key West’s iconic attractions such as the Hemingway House, Lighthouse and Butterfly Conservatory.

With a transient license, the property allows for nightly rentals, making it a prime investment opportunity for vacation rentals or a lavish private residence.

The property does need some work, including partial restoration of the sea wall, but because it comes with “bay bottom” rights, a future resident has permission to restore it as well as add a dock for boating, paddle boarding, kayaking, and snorkeling right from the back patio, according to Gvili.

Seward Johnson II was known for his life-size sculptures, including the famous “Double Check” statue of a seated businessman that survived the 9/11 attacks.

His works can be found throughout Key West, including one of Marilyn Monroe at the Tropic Cinema.