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05/26/2021
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05/26/2021
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cove view <br />-3 car garage <br />-Built 1995 <br />-Fireplace, dock with lift, enclosed porch <br />$/sf sale price $298/sfla <br />Sale 3 <br />-1955 Windward Way <br />-$1,427,500, 12/20/2019 <br />-4,074 s.f., Wood Frame <br />-Built 1988, original finishes, with wood floors, Mexican tile floors, corrian counters <br />-2 story, fireplace, no swimming pool, large screened porches <br />-New dock and lift <br />-240 x ? Lot, with expansive water frontage <br />-this sale is not in the Anchor, and does not have HOA fees, other than minimal for patrol security and beach access at <br />$355 annually <br />-original but better quality than the subject. <br />-$/sfla sale price $350/sfla <br />The sales have similar original, dated features and are located within the subject neighborhood. The Petitioner felt that <br />the sale price for the subject was a fair market price considering the dated condition of the property, and large living <br />area size that will require a significant cost to improve the property to current market demand quality. <br />PA rebuttal - <br />The PA felt that the subject sale was not arms -length, as it is a trustee estate sale based on DOR qualifications. The PA <br />indicated that the subject property is in good condition from the exterior. The subject view is good. <br />E. Magistrates analysis and finding of facts presented: <br />Magistrate comments regarding arms -length sales are based on information contained in the Department of Revenue's <br />Real Property Transfer Qualification Code Training, Florida Department of Revenue Property Tax Oversight March <br />2020. <br />"... all.sales should be considered candidates as valid sales unless sufficient information can be documented to show <br />otherwise...." <br />"An arm's length transaction is a sale or lease transaction for real property where the parties involved are not affected <br />by undue stimuli from family, business, financial, or personal factors." FDOR, The Florida Real Property Appraisal <br />Guidelines, 2002, Section 6.12.1, page 20. <br />There is a "Real Property Transfer Code List" This list does not indicate that transfers from trusts to non -related <br />parties qualifies them as not arms -length. DOR requires documentation (from a knowledgeable source) that explains <br />the basis for disqualification of a sale under codes 30 through 43. <br />Outliers (sales ratio or sale price) is not a reason to disqualify a sale. Information must be documented by an active <br />participant with direct knowledge. <br />The PA did not provide documentation that the subject sale was influenced because it was sold by a trust to qualify the <br />sale as not arms -length. The buyer and seller are not related parties. <br />The Petitioner representative indicated that the purchaser felt that they paid an appropriate price for the property <br />considering the size of the living area and the need to totally remodel the property. The property was listed on the <br />Market, through MLS for 4 months. No information was presented to the Magistrate to indicate that this was in <br />unusual listing period for the subject property. <br />Magistrate Analysis of the Evidence - <br />2020-019 <br />Page 4 of 7 <br />-8- <br />
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