REAL ESTATE

22 THE SUN REAL ESTATE

NOVEMBER 10, 2021

Buyer and seller remorse

The definition of remorse is a deep regret for a wrong commitment. In other words, you said, “I do” and the next day decided “I don’t.” When it comes to real estate commitments, it can be a little more complicated than personal commitments, at least when it involves money.

Buyer and seller remorse is fairly common and sometimes leads to the end of real estate deals. In today’s fast-moving market, buyers are jumping at practically anything with a front door and a couple of bathrooms. This can lead to making the wrong decision both financially and personally for you and your family.

There are consequences if a buyer is remorseful and breaches a contract of sale after all parties have signed and the appropriate cooling-off period - usually three business days, plus five days for the attorney review - has ended. To begin with, the seller may be entitled to the earnest money that was put down at the time the contract was

Castles in the Sand

LOUISE BOLGER

signed. Depending on the culture of the area of the sale, this is generally 1% to 3%. But in today’s market, that amount can be far higher, making it that much more difficult for a buyer to back out.

In addition, sellers can sue for damages if the buyer’s actions have caused personal and/or monetary inconvenience. The worst case would be the seller suing for specific performance or demanding completion of the transaction. However, generally in a situation like this, especially in this market, the seller would just accept the earnest money and put the property back on the market.

Sellers, too, can have remorse for the same reason - a fast-moving market. There is a lot of incentive to sell a house today. Selling prices are at an all-time high, certainly the highest in many decades, and sellers feel the pressure to cash out and move on. The problem comes when there is nothing to move on to, which is when the remorse moves in.

Again, after the review deadlines are gone, a seller breaching the contract may be more complicated. Buyers may have already put their lives in motion in their new home. Enrolling kids in school, accepting a new job, and setting up movers all are considered if the transaction ends up in court.

Sellers, of course, should offer to refund the earnest money and reimburse any of the buyer’s expenses incurred because of the cancellation. Buyers can still sue for damages or specific performance, again forcing completion of the sale, but good luck with trying to get someone to move out of the home who doesn’t want to.

On another note, there has been a task force organized by the Florida Bar Association with recommendations relative to condominium association regulations. This has been sent to the governor and includes tightening up reserves with an eye towards potential future repairs, engineer inspections, and mandates, and owner voting regulations, to name a few. This task force is the result of the tragic collapse of the Champlain Towers South in Surfside and in general the age of Florida condos. More than 912,000 condo units in Florida are at least 30 years old, according to data from the Department of Business and Professional Regulation, and all may be at risk.

As far as buyers and sellers, none of the above options are good and the best way to proceed with a contract of sale is to make sure this is the best choice for you. Once you have made a contractual commitment, whether you’re a buyer or seller, “remorse” can be a dirty and expensive word.

After 15 years, Two Scoops is still better than one

Two Scoops has expanded its offerings over the years but its core values remain the same.

BY JOE HENDRICKS

SUN CORRESPONDENT | jhendricks@amisun.com

ANNA MARIA – In October, Two Scoops ice cream celebrated its 15th anniversary.

Two Scoops is located in the Bayview Plaza at the end of Pine Avenue, across the street from the Anna Maria City Pier.

Owner Dave LaBell and his family also own and operate the Two Sides of Nature and Two Sides of Nature Too clothing, gift and décor stores located in Bayview Plaza.

“It’s a family business,” LaBell said. “We’re all engaged. My wife, my daughter and I work between the stores and the ice cream store and I basically do the buying and the merchandising for the three stores.”

LaBell also has another professional passion. Since 2005, he’s worked for the Tampa Bay Times newspaper doing promotions and promotional events.

Over the years, some things have changed at Two Scoops and some things remain the same. When Two Scoops began in 2006 the menu offerings were limited to ice cream and chili dogs.

Two Scoops now offers 32 flavors of ice cream – including yogurt and sorbets – chili dogs, hot dogs, Barnie’s Coffee, espresso, lattes, specialty drinks and more. Two Scoops sells both Coke and Pepsi products, as well as vintage and nostalgic collectible bottled sodas and several varieties of nostalgic candies.

“We continue to grow and evolve. We’ve expanded our menu. Now we’ve got a full breakfast menu and a full lunch menu with all kinds of sandwiches. Our volume has increased and our specialty gift sales have increased, including our bottled sodas,” LaBell said.

“We still have homemade ice cream. Our chili dogs have been a staple and a favorite for 15 years now. They’re all-beef hotdogs with chili, cheese and onions and we price them at $2.19 so people don’t have to spend a fortune on lunch. We still pride ourselves on our prices and our service,” he added. “We always have three to five people on staff at all times to make sure we can get people in and out quickly. And

JOE HENDRICKS | SUN These young visitors from Holly, Michigan recently enjoyed their Two Scoops ice cream. The company motto is “Two Scoops is better than one.”

SEE TWO SCOOPS, PAGE 24

TWO SCOOPS: Celebrates 15 years on the Island

FROM PAGE 23 we still celebrate all the holidays and decorate the building with the rest of the plaza.

“Our T-shirts are a big seller and have become very popular over the years. A lot of folks come in wearing their Two Scoops T-shirts and we see family photos of them all wearing their Two Scoops Tshirts,” LaBell said.

The Two Scoops interior décor includes large figurines of Betty Boop, an ice cream sundae, a coffee bean, a penguin and more.

“I’m a big prop person, so anytime I see something that fits the theme of Two Scoops I have to have it. We just have fun with that stuff and try to create a fun atmosphere,” LaBell said.

“We’re a family-owned business and we appreciate the support we’ve had over the past 15 years. We have over 1,200 Facebook followers who celebrate and let us know when they’re coming to town. We appreciate their support and business. And always, our motto is ‘Two Scoops is better than one,’” LaBell said.

“We have a great crew that works with us and they have a lot of fun – as they should because they’re serving dessert to people on vacation. We have some employees that have been with us for 15 years since we opened,” LaBell said.

“We have great relationships with our vendors and suppliers. We’ve had to search a little bit harder for some products but, for the most part, we have fared very well. During the COVID pandemic, we only closed for a couple weeks and we started a takeout window,” he added.

“We’ve had a busy season and now that travel is opening up more, we expect to see more of our northern friends and our European travelers as well. I think we’re going to see another great season. The Island is a unique space and a great place to visit,” LaBell said. “We have customers who brought their kids in when they were five or six years old. Now they’re going to college and they bring them in to say hello, which we enjoy and appreciate.”

Located at 101 South Bay Blvd. Unit A2, Two Scoops is open seven days a week from 10 a.m. to 10 p.m. You can visit Two Scoops online at www. TwoScoopsAmi.com.

JOE HENDRICKS | SUN Two Scoops offers a wide variety of ice cream, food, coffee and more.

JOE HENDRICKS | SUN Specialty sundaes are among the many Two Scoops’ offerings. The Betty Boop figurine is part of Two Scoops’ whimsical interior décor. Two Scoops offers 32 flavors of ice cream and more.

JOE HENDRICKS | SUN The four, brick-paver crosswalks that were installed on Bridge Street in 2020 and that began settling and sinking soon thereafter have now been replaced with asphalt crosswalks that have been stamped and painted to resemble a red, brick-like surface. According to City Treasurer Shayne Thompson, the additional construction work completed by C-Squared and the additional engineering work provided by Colliers Engineering cost a total of $45,975. The brick paver crosswalks that required replacement were originally installed by Classic Brick and engineered by LTA Engineers.

Commissioners plan holiday season meetings

It might be hard to believe, but with the first of November past, the holiday season has begun. In preparation for the official kickoff of one of the busiest times of the year, Holmes Beach commissioners are setting an abbreviated schedule for their meetings in November and December. In November, two meetings are planned. The first one is a full commission meeting with a work session to follow on Tuesday, Nov. 9 at 5 p.m. at Holmes Beach City Hall, 5801 Marina Drive. The second meeting, tentatively scheduled for Monday, Nov. 15 at 9 a.m., is the swearing-in ceremony for three commissioners and the organizational meeting for the city commission when the positions of chair and vice-chair for the 2021-22 year will be decided. The date of the swearing-in and organizational meeting is subject to change depending on when election results are certified. In December, commissioners will hold only one meeting on Tuesday, Dec. 14 at 5 p.m. That is planned to be a commission meeting with a work session to follow and the first full commission meeting for those newly elected. For more information, visit www. holmesbeachfl.org.

Perico Bay Club—As Good As It Gets!!

Business As Usual…..Just A Li le Differently. If you’re looking to buy or sell in Perico Bay Club, or know someone who is, please give me a call!

Give me a call today if yo oGive me a call today if you’u re looking ge lookine re to Buy or Sell on Anna Maria Isla yBuy or Sell on Anna M Maria Isla MariaMari nd d or the surroundi a ng area!

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MAYOR: Chappie re-elected, term limits remain in place

FROM PAGE 1 election results posted at the Manatee County Supervisor of Elections website, Chappie received 242 votes (69.54%) and Galuszka received 106 votes (30.46%), with a total of 348 votes cast in the mayor’s race.

“I thank the voters for all their support over the years. It’s an honor. I’m happy and I’m humbled. I love serving and that’s what I’ve done pretty much all of my adult life, trying to make Bradenton Beach an even better community than it is; and this is paradise,” Chappie said Tuesday evening after the election results were known.

“We’ve got a lot of great city projects going on right now, including the undergrounding of utility lines, our stormwater and drainage improvements, and the dock expansion project. And the city’s getting a lot of financial support for these projects from the county and the state,” he added.

“I had an extremely good opponent. He’s fair and level-headed and ran a really good campaign. He’s a good guy. I give him credit for wanting to be involved in the community and I hope he continues that,” Chappie said.

When asked about the results, Galuszka said, “The results are disappointing, of course, but the support I received from the community was above and beyond my expectations. We both ran a good campaign. In the end, people did speak on the issues I presented. I’m hoping my opponent will take that into account. I would like to stay involved in local politics and this has given me the drive to stay involved. The people spoke to me, and our voices were heard as a result of this election.”

When asked about potentially running again in 2023, Galuszka said, “I definitely will consider running again in 2023.” TERM LIMITS MAINTAINED

The term limit-related charter amendment question appeared on the ballot as follows: “The current city charter provides that no person may hold the same elected office for more than three consecutive terms or portions thereof, with each term lasting two years. Should the city amend its charter removing term limits, while maintaining the requirement that each term shall last for two years?”

According to the official election results, 177 votes (51.75%) were cast in opposition to eliminating term limits and 165 votes (48.25%) were cast in support of eliminating term limits.

According to City Attorney Ricinda Perry, the voters’ decision to maintain the existing term limits means Chappie cannot run for mayor again in 2023, Spooner cannot run for the Ward 1 seat in 2023 and Commissioner Marilyn Maro cannot seek an additional term when her current Ward 2 commission term expires in 2022. Chappie could seek the Ward 3 city commissioner’s seat in 2023 if he so desires.

JOE HENDRICKS | SUN John Chappie will serve a third consecutive term as the Bradenton Beach Mayor. First-time candidate David Galuszka fell short in his initial bid for the mayor’s seat.

HOLMES BEACH: Commissioners elected

FROM PAGE 1 will be Soustek’s fourth full term on the commission after first being appointed in November 2014 to fill the unexpired term of David Zaccagnino.

A swearing-in ceremony and organizational meeting for Holmes Beach commissioners is tentatively scheduled for Nov. 15 at 9 a.m.

The other item on this year’s ballot for Holmes Beach residents was the consideration of a land swap with Jon Cooper and his family. The land swap received voter approval with 856 votes in favor or 69.76% of votes cast in the matter.

The swap means that, in exchange for a 50- by 100-foot section of right of way, the Coopers give the city of Holmes Beach a section of beachfront property along with $10,000 for dune restoration or another environmental project of city leaders’ choosing. The city right of way, part of an undeveloped street, bisects two sections of the Coopers’ beachfront property.

Now that the land swap is approved, it will go before commissioners to be ratified before becoming official.

Holmes Beach has 2,757 voters. Approximately 45% of Holmes Beach registered voters cast their ballots in this election.

KRISTIN SWAIN | SUN Clockwise above left, Candidates Renee Ferguson and John Monetti hang out with some supporters outside of the polls Nov. 2 at St. Bernard Catholic Church. Commissioner Carol Soustek strikes a pose with fellow candidates John Monetti and Pat Morton. Commissioner Kim Rash stops by to say hello to candidate Renee Ferguson.

OBITUARIES

Charles John Horvath

Charles John Horvath, affectionately named “Duke” by his father, went into the arms of our Lord at 2:22 a.m. on Oct. 28, 2021, after a tragic accident while working outside. He was surrounded by his daughters and grandchildren as he began his journey to heaven. He was 91 and a longtime resident of Bradenton Beach.

Duke was born in South Bend, Ind., on June 12, 1930. His father was killed in a motorcycle accident when Duke was 4 months old, so for the next six years, he was raised by his two Hungarian grandmothers. Duke’s mother remarried in 1936 and moved to Hastings, N.Y., where he grew up and graduated from Hastings High School in 1948. He then went to work for General Motors in Tarrytown, N.Y., and attended Westchester Community College.

In 1951 he was drafted into the United States Army when the Korean War began. Duke did his basic training at Fort Dix, N.J., and contracted measles, which caused him to miss his ship to North Korea and be sent to Panama. For the next two years, he served as a corporal in the Army military police while stationed in the Panama Canal Zone. His time in the military gave him a deep, lifelong sense of patriotism for his country.

After his discharge from the Army, Duke worked as a land surveyor on the New York State Thruway. In April of 1954, Duke, in his own words, met the love of his life. On their first date, he said, “You know Shirl, I’m not the marrying kind.” They were married five months later in North Tonawanda where he was surveying the Grand Island Bridge to Canada.

The Horvaths were married for 68 years, so Duke apparently was the marrying kind.

In 1957, when the Thruway was completed and the country was in a bad recession, Duke took a civil service test for law enforcement. Out of 365 applicants he placed second on the list. For the next 20 years, Duke and Shirl raised their five beautiful daughters in upstate New York. Duke enjoyed his work in the Rochester Police Department and retired as a police lieutenant.

Duke and Shirl relocated to Bradenton Beach, Fla., in 1978. He worked in crime prevention for the Manatee County Sheriff’s Office and as a security guard for the Longboat Key Club. Duke also had his own taxi business in the 1980s, called “Duke’s Island Taxi.”

Duke had a deep love of hunting and being in the woods. He treasured his time hunting and fishing with his family and sharing the camaraderie. One of his favorite places to be was in a tree stand, enjoying the peace of the woods and waiting to see what animals would come out. The girls share their father’s love of the outdoors, spending time fishing, hunting, gardening and hiking. He taught his wife, children and grandchildren how to throw a cast net and how to find and harvest crabs and clams. He loved watching westerns with his wife every day and reading Louis L’Amour books every night. At 91 years old, he was still dedicated to physical fitness, working out at AMI Fitness with his friends. He was the most honest man one could ever meet - a confidant teacher, role model and the anchor of our family. His legacy of laughter and unconditional love of family lives on through his wife and best friend, Shirley; their five daughters, Charlene Panipinto (Frank), Shirl McGivney (Tim), Cheryl Cicero (Joe), Shari Horvath (John) and Chandra Horvath; 10 grandchildren; 14 greatgrandchildren and relatives in a great big family. We will cherish our precious time with him forever. Please visit with us to honor Charles “Duke” Horvath at 11 a.m. on Monday, Nov. 29, 2021, at Brown & Sons Funeral Homes & Crematory 43rd Street Chapel, 604 43rd Street West, Bradenton, Fla., with a 1:30 p.m. graveside service with military honors to follow at Sarasota National Cemetery, 9810 State Road 72, Sarasota, Fla. Immediately following at abut 4:30 p.m. will be a mission barbecue at a family home. Condolences may be made to www.brownandsonsfuneral.com. God Bless you all!

BEACH BEAT

BRADENTON BEACH

10/28, 8:30 p.m., trespass warning, 103 Gulf Drive S. An officer was dispatched to the Circle K after a man tried to return a power cord he had stolen four days prior. The manager knew it was stolen because he had observed the theft on security video. The officer trespassed the alleged thief for a period of one year at the request of Circle K management. 10/30, 9 p.m., noise complaint, 103 7th St. S. Officers responded to a loud noise complaint at the above address. When they arrived, they could hear loud music coming from the rear of the home with a live DJ playing and people dancing. The decibel reading taken by officers was between 70 and 74 db, which was higher than the 65 db allowed by law. The contact individual for the residence agreed to stop the outside party since it was getting close to 10 p.m. when no outdoor music would be permitted. There were no further issues at the residence, and no citations were issued.

HOLMES BEACH

10/29, 8:59 p.m., no valid ID, 700 Manatee Ave. While on patrol, the officer observed a silver truck with a constant blue light activated under the vehicle. After stopping the truck, the driver admitted to not having a valid license, saying he had never had one issued. The driver was given a summons to appear for no valid ID, and was cited for the blue lights under the vehicle. 10/31, 4:36 p.m., code ordinance violation/ construction, 228 S. Harbor Drive. The officer was dispatched to the above address in response to a complaint about a neighbor pressure washing and getting the complainant wet. When officers arrived the man pressure washing said he did not own the residence but was prepping it for painters coming the next day (Monday). The subject said he was not aware of the ordinance prohibiting construction work on Sundays. The subject was issued a city ordinance violation for construction on a Sunday. 10/31, 10:49 p.m., trespass warning, 6200 Flotilla Drive. While on patrol, the officer was dispatched to a noise complaint to the Flotilla apartments. The officer observed four males in the pool area swimming and eating pizza. The officer confirmed the subjects did not have permission to be on the property or to use the pool. The four subjects were juveniles, so they were issued a trespass warning and their parents were called to remove them from the property. 11/1, 7:18 p.m., theft from vehicle, 225 84th St. The victim came to the Holmes Beach Police Department to report the theft of two political signs from his vehicle. He valued the signs at $25 each and said he does not have any security cameras at his home. The officer says there is currently no suspect in this case at this time.