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Volume 5, Issue 1 - January/February 2006
Carla Bonten   Welcome to our first
            Communiqué for 2006!

I welcome you back to our Digital Communiqué and hope the New Year finds you well. As always, we try to bring you information and news that you can use plus give you a glimpse into our office and a look at our top producers.

We are very excited about 2006 and the real estate market in our ever-growing Southwest Florida.  We hope that you will use us as a resource this year when buying or selling property as our agents are well versed and experienced in the market.

We would also like to take this opportunity to ask for your feedback.  If there are topics or information that would be useful to you, please let us know. We’ll do our homework and get your question or suggestion in our next Communiqué.

And don’t forget, if you would like to explore past issues of Communiqué you may visit our newsletter archive.

Questions, comments, requests and your change of address may be sent to newsletter@carlabontenrealty.com

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Ask Carla!

As we come across interesting questions raised by clients and colleagues, we will publish them with our response for your viewing. Many questions have reoccurring themes and some are very specific -- we hope you will be able to use the information in some way or you may just choose to keep it for reference material.

Dear Carla,
My brother-in-law and I would like to purchase a large lot together.  We believe that the property will increase in value very soon.  Is co-ownership of land possible and, if so, how should we do it?
        --Henry from Cape Coral

Dear Henry,
Co-ownership simply means that property is owned by more than one person or entity. The two common ways in which two or more parties can co-own a piece of property are joint tenancy and tenancy in common.

When property is held in joint tenancy, each owner has a right to sell, encumber and possess the entire property. When one joint tenant dies, his or her interest in the property is automatically transferred to the remaining joint tenant. This transfer of ownership to the remaining owners is known as a right of survivorship.

Joint tenancy is a common way for a husband and wife to own property but marriage is not a requirement. Spouses can also own property as an estate by the entireties, which is similar to joint tenancy. There may also be more than two joint tenants.

Tenants in common also share the right to possess, sell and encumber the property. However, tenants in common do not have a right of survivorship. Upon the death of a tenant in common, that person's ownership interest passes to his or her heirs as part of his or her estate.

There are advantages and disadvantages to co-ownership. The major advantage to co-ownership is that you and your sister can pool your resources to purchase the land.

The major disadvantage is apparent when conflict occurs. You may want to address how to resolve the basic issues that may arise from the ownership of your property, such as how to use the property and when to sell, before you enter the agreement. If co-owners disagree and cannot resolve their conflict, they may have to resolve the issue in court. This may result in a partition action where the court may split the property in a fair and just manner. It is also possible for the court to order the property be sold and proceeds from the sale distributed to the co-owners in relation to their interests.

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CONGRATULATONS TOP PRODUCERS!!
December 2005

Peter Meili
December 2005
Top Producer and Top Selling Agent

Pamela McCall

What a terrific year for our December Top Producer AND 2005 Top Selling Agent!  Peter finished 2005 with over $15 million dollars in sales.  He continues to bring personal attention and professionalism to his eight year real estate career working with rentals, new home construction and general real estate. Peter’s European background plus fluency in Swiss German, English, German, French, Spanish and some Portuguese allows him to dedicate his experience to the international clientele in the area and beyond.  Peter is a member of the National Association of Realtors, the Florida Association of Realtors, the Bonita Springs Board of Realtors and the Christian Chamber of Southwest Florida.

When asked about his career in real estate, Peter responded, “I’m sure any seasoned realtor would enjoy working in a small boutique real estate office, especially with a Broker like Carla who not only has that professional European touch but who also has an open mind, is knowledgeable and experienced in all real estate related ventures.”

He went on to say, “I work with customers that have small and large properties, it really makes no difference. Just recently, I had a group of investors purchase a few lots. I suggested to them that if they ever thought of building a spec home to please call me. Sure enough, they called and I was able to introduce them to small dependable home builder who attends my church. He designed a special home that will give these investors a definite edge, with a unique product for a specific area. Another nice touch is when I can work with foreigners and walk them through the whole buying or selling process in their own native language. They really appreciate that ability.”

Peter says the bottom line for him is to simply take every customer by the hand, walk them through the whole experience and do it with love in an honest and ethical way. To reach Peter directly, call (239) 571-0422 or email him at: pmeili@carlabontenrealty.com

THE MEEKS TEAM
December 2005 Listing Agent
Cary Meeks, Realtor®
Gerry Meeks, Realtor®
Sandra McCarthy-Meeks
Tim Hewins

Meeks teamCongratulations to the members of The Meeks Team as December Listing Agent.  The team is comprised of Cary Meeks, Gerry Meeks and Sandra McCarthy-Meeks.  Each member of the Meeks Team comes to Carla Bonten Realty from various business backgrounds, and they specialize in high-caliber service to their clients.  The team holds memberships with the Bonita Springs-Estero Board of Realtors, the Florida Association of Realtors, and the National Association of Realtors. 

Here is how to contact members of The Meeks Team: Cary’s cell phone is (239) 287-4068 or his email is cmeeks@carlabontenrealty.com;
Gerry’s cell phone is (239) 287-7903, toll-free at 1-888-926-6836 or his email is gerry@carlabontenrealty.com; Sandra’s cell phone is (239) 287-7921 and her email is sandram@carlabontenrealty.com;
and Tim’s cell phone is (239) 580-7604 or his email address is timhewins@carlabontenrealty.com

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Reporting Gain from the Sale of My Primary Home
By Laura Olszewski, CPA

Do I need to report the gain from the sale of my primary residence?  If so, how much tax will be owed on the gain?  What if I have a loss on the sale? 

It depends on your individual circumstances.  You may be able to exclude gain if you meet certain criteria, as follows:

The property sale must be your primary residence, which means that you must have lived in the residence for your main home for at least 2 out of the last 5 years; your home can be either a house, condominium, house boat, cooperative apartment or mobile home.

If you sold your primary residence in 2005, you may be able to exclude gains up to $500,000 (married filing jointly) or $250,000 (single).  If your gain is less than these limits, you do not need to report it on your tax return.  If you have gains in excess of these limits, you will need to report them and they are taxable. 

Capital gains are taxed as either long-term or short-term.  If you owned the property for greater than one year, your gain will be considered long-term and taxed at 15%.  All holding periods of less than one year are short-term and will be taxed at your ordinary income tax rate for that year, which could be as high as 35%.

Unfortunately, if you incur a loss on the sale of your residence, it is not deductible on your tax return.   

For more information, go to www.irs.gov or contact:
Laura Olszewski, CPA
5401 Taylor Road, Suite 3
Naples, FL  34109
239-593-7070 Office
239-593-7325 Fax

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Carla Bonten Realty, Inc. News:

2006 Housing Outlook

Although some reports tell us that the housing market will be changing in Southwest Florida soon, reality shows us that the market is still strong and moving in a positive direction. There is still a very strong demand for housing and interest rates are still in the home buyers favor. Many experts in the real estate arena are projecting 2006 to be the second-best year on record. 

The National Association of Realtors explains that the Baby Boomers remain in their peak earning years while their children are just now entering the time of life when will be purchasing their first home.  Southwest Florida is still a strong draw for family members relocating to be near parents, retirees, and immigrants.

Although some economists predict a slight rise in interest rates, though the increase should amount to no more than one-quarter to one-half percent by the end of the year.  Many times the small increase does not change the amount of the monthly mortgage payment in a drastic manner and many times the amount may be offset by added tax deductions.

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Demian Kruchten
on “Knowing the Right Questions to Ask at a Closing”

Many times in life, it is knowing the right questions to ask and when to ask them. I find that’s true when closing on a new home or condo also. Florida real estate law is a vast and comprehensive topic, however during your closing there are questions that you can ask to help you understand and protect your interests.
The earlier in the process you involve a real estate lawyer (e.g., pre-contract signing), the more value you gain. One of the greatest benefits of using an attorney is that he or she has an ethical obligation to work on your behalf.
A real estate attorney is versed in Florida real estate law and will either personally perform or make sure the following procedures are completed in a timely, professional manner:

  • Review the contract and ensure that all provisions and contingencies are in your best interest
  • Inform you of your legal rights and obligations
  • Obtain a title search, evaluate the status of the title and require appropriate legal remedies to clear any defects
  • Advise you on what the title policy does not protect against, emphasizing marketability of the title when you sell
  • Prepare or review the closing statement and other closing documents, and let you know about seller contingencies that affect your interests
  • Interpret and counsel you about all legal documents related to the title and transaction, including deeds, mortgages and closing statements
  • Advise you on how you should take the title to the home, and how this affects your overall business and personal estate
  • Check for unrecorded municipal liens, including sewer and special assessment liens
  • Prepare a bill of sale to cover any personal property such as curtains and appliances that you and the seller agree shall remain in the home
  • Inform you about the income, estate, and gift tax consequences to your estate
If you familiarize yourself with the above items, you will have a better understanding of what to ask – and remember there are no bad questions. If you want to know more and feel uncomfortable about one or more parts of a legal transaction – ASK. That’s why we’re here!
Kruchten Law Firm
Demian Kruchten
975 6th Ave. South
Naples, FL 34102

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AREA ACTIVITIES & EVENTS:

ART EXHIBIT
Klaus Strubel is exhibiting his art and donating a portion of the sales during that exhibit to the local Ronald McDonald House. The exhibit is being held in the Spanish Wells office of Carla Bonten Realty, 28000 Spanish Wells Blvd. through February 28. The works of Klaus Sturbel may be viewed and purchased from 9 a.m. until 5 p.m. Monday thru Friday. The show is a truly rare find as Mr. Strubel has never had so many of his pieces in one place as one time. He furnishes galleries all over the world with his art and has put together a show for the Carla Bonten office that reflects over thirty years of his work. The show has his works in oil as well as water color. It is a must-see show according to the nearly 100 art lovers who attended the opening night reception to meet the artist and view his work.  Mr. Strubel was awarded a competitive scholarship to the American Famous Artist School in Munich, Germany.  His academic studies of art history, classical archaeology, the history of printing and of hand painted book illustrations culminated in his major of “Landscape Paintings in the 19th Century in Germany: The Romanticists of Heidelberg.”  Information: 949-9122.



THEATRE

Movin Out -  The Broadway Musical, choreographed by Twyla Tharp and based on songs by Billy Joel. 8 p.m. at the Philharmonic Center for the Performing Arts January 31 – February 5 (additional 2 p.m. performance on February 4 – 5).  Information: 597-1900.

"I Love You, You're Perfect, Now Change" will be produced by Synergy Productions of Sanibel, a new musical theater company, at 8 p.m. daily except for Tuesdays and at 2 p.m. Wednesdays, Saturdays and Sundays, beginning this Thursday, Jan. 29, through Feb. 8. Regular ticket price is $25. Shows can be seen at the Periwinkle Playhouse, 2200 Periwinkle Place, Sanibel Island. Information: (239) 472-0324.

"Pirates of Penzance," the rowdy musical, at the Naples Dinner Theatre and runs through March 7. Productions will take place Tuesday through Saturday evenings with matinees set for Wednesdays and Sundays; call for specifics.  The theater is at 1025 Piper Blvd. off Immokalee Road in North Naples. Information: 514-7827.

“How to Succeed in Business Without Really Trying” Naples Dinner Theatre Production runs through  February 26 at the Naples Dinner Theatre.  From the authors of “Guys and Dolls” comes one of the most delightfully irreverent musicals of all time. A satire of big business and all it holds sacred, “How To Succeed In Business Without Really Trying” follows the rise of J. Pierrepont Finch, who uses a little handbook called "How To Succeed In Business Without Really Trying" to climb the corporate ladder from lowly window washer to high-powered executive.  The theater is at 1025 Piper Blvd. off Immokalee Road in North Naples. Information: 514-7827.

"Ol' Blues Eyes," a cabaret performance that celebrates the musical memories of Frank Sinatra, can be seen at Naples Dinner Theatre on Monday nights and Saturday afternoons (two shows weekly) through April 19; call for specifics. The musical revue features Sinatra's biggest hits. Tickets are $40 and $45. The theater is at 1025 Piper Blvd. off Immokalee Road in North Naples. Information: 514-7827.

"Art," by Yasmina Reza and translated by Christopher Hampton is being staged at the Naples Players' Sugden Community Theatre's Blackburn Hall. Shows take place at 8 p.m. Wednesdays through Saturdays and at 2 p.m. Sundays through Feb. 7. Tickets are $30 for adults and $10 for students. Sugden Community Theatre is the home of the Naples Players, the area's oldest community theater group. The theater is at 701 Fifth Ave. S. Information: 263-7990.

"The Pajama Game," the laughter and music-filled Broadway hit, is now playing at Broadway Palm Dinner Theatre. Shows take place Tuesdays through Sundays through Feb. 14. Adult tickets range from $37 to $41; cost for kids under 12, $19. The theater is at 1380 Colonial Blvd. at Royal Palm Square in Fort Myers. Information: (239) 278-4422 or www.broadwaypalm.com.

"Sing-A-Long Sound of Music," an interactive show that includes a screening of the Julie Andrews' musical "The Sound of Music," will be presented Thursday through Saturday, Feb. 19, 20 and 21, at two locations. At 8 p.m. Feb. 19 and at 7 p.m. Feb. 20, it can be seen at the Pavilion Cinema, 833 Vanderbilt Beach Road. At 6 p.m. Saturday, the event takes place at Marco Movies, 599 S. Collier Blvd. The event is a fund-raising effort by the Marco Island Film Festival. General admission is $25 for adults and $10 for children 12 and under. Tickets are available now at Pavilion Cinema and the Marco Island Film Festival office. Information: 642-3378.

Next issue: Real estate news, area information, and more wonderful web sites to visit!      US Flag