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Florida Real Property, Estates, Trusts and Probate: Real Property

This guide supports research into issues relating to Florida Real Property, Probate, and Trust law.

Treatises and Forms

Real Estate Licensees

Use of the Term Realtor

The terms REALTOR, REALTORS, and REALTOR-ASSOCIATE are collective trademarks owned by the National Association of Realtors. Acceptable substitute terms for non-members include "licensee," "real estate salesperson," "real estate agent," and the like.

Taxation Issues

Real estate is a capital asset, 26 USCA § 1221 (2012), which results in a capital gain if the property is held for the required "holding period" (normally one year).  Exceptions to immediate recognition of a capital exist for the sale of a primary residence, for like kind exchanges, and where there is a "stepped up basis" or a "transferred basis."

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