Request ‘release of lien from contractors
‘Property
owners can
be
responsible for money owed subcontractors, suppliers
Hello Mr. Feichthaler:
My house is currently being re-constructed in Cape Coral, after we tore down a very damaged house from Ian.
Today I received a letter by certified mail entitled “Notice to Owner/Contractor”. As I have never built a house, I am unsure as to what it means & was hoping you could help me.
Real Estate Law
- Thomas F.
Dear Thomas:
A Notice to Owner (NTO) is a written notice prescribed by Florida law that officially advises you, as owner of an improvement that the sender, usually a subcontractor or supplier not dealing directly with the owner, is looking to the owner to be sure the sender is paid before payment is made to the contractor on the job. This notice is required to be sent within 45 days from the first date labor or materials are provided to the property. By doing so, the contractor can secure a lien on your property to make sure they are paid.
From your perspective, you will want to speak with your general contractor to make sure they are paying everyone they hire to work on your project. Tell your builder you need a “Release of Lien” from all suppliers of labor and materials for your rebuild. If you do not, and you pay your contractor in full, the subcontractors will still have a lien on your property if your builder fails to pay them.
Communication with your builder on all aspects of your project, including schedules, changes in types of materials used, and payments will help to ensure your satisfaction with the job and, more importantly, avoiding potential legal battles later with your builder and their suppliers. I wish you a speedy completion to a quality home!
Power washing a deck prior to outdoor entertaining season can make it a more welcoming space for guests.
Memorial Day weekend is a popular time to entertain. For many, the weekend marks the first outdoor entertaining opportunity of the year, which is certainly something to look forward to.
As outdoor entertaining season begins, homeowners can take these steps to prepare their outdoor living spaces for the first big backyard get-together of the year.
Eric P. Feichthaler has lived in Cape Coral for over 37 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Cape Coral to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, and Cape Coral Kiwanis where he serves as president. He has been married to his wife, Mary, for 24 years, and they have four children. He earned his board certification in Real Estate Law from the Florida Bar, and primarily practices in real estate law and wills and trusts. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney .com, or 239-542-4733. This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.
· Break out the power washer. Pressure washing is an important component of spring home cleanup. The warmer temperatures of spring allow water from power washing to dry more quickly, which can decrease the chances that mold and mildew will grow on surfaces like siding. A freshly power washed home also makes for a welcoming entertaining space. A power washer also can be used on outdoor entertaining spaces to remove dirt and debris that built up over the winter. Just make sure to read manufacturer instructions before using a power washer to clean paving stones, decks and outdoor furniture.
· Inspect outdoor furniture. Now is a good time to inspect outdoor furniture if the task was not performed in late fall or early winter before items were moved into the garage or placed in storage. Check to make sure furnishings are still
Eric P. Feichthaler
over
· Clean the grill. A thorough cleaning of the grill also is in order prior to summer entertaining season. Many homeowners do little or no grilling during winter, so now is the time to give grilling surfaces and the interior of the grill a deep cleaning. Check for leaks if using a gas grill, and scrub the interior of any grease that accumulated last season. Many grilling experts advise lighting a grill and letting it burn for roughly 20 minutes prior to putting any foods on the grates for the first time. Such a strategy allows residual fluids like soap, vinegar and de-greasing products used when cleaning the grill to burn off before food is placed on the grates.
· Inspect the landscaping, too. It’s not just seating areas like patios and decks that need some investigation prior to outdoor entertaining season. Take a walk around the landscape and make sure there’s no potentially dangerous spots where people could be injured when playing backyard games. Fill in any holes with soil and fresh grass seed, and inspect trees to see if any branches need to be pruned.
Summer entertaining season begins each Memorial Day weekend. Homeowners can take various steps to ensure their outdoor entertaining spaces are comfortable and safe.
PROPERTY TRANSFERS
PROPERTY TRANSFERS
First quarter home prices reflect market pressure
First quarter 2025 median home sales prices came in lower than they were in the first quarter of 2024, continuing the trend of a slow and steady price deterioration as home values in the Cape search for their up to now elusive bottom. The numbers, shown below, tell the story.
As of Tuesday, April 22, there were 3,436 active single-family home listings in Cape Coral through a Realtor in the MLS with list prices ranging from $189,999 to $6.985 million. The median list price was at $489,000 and there were 1,540 homes listed at $450,000 and under, including 187 homes priced below $300,000. At the other end of the price spectrum, there are currently 372 homes in the Cape listed at $1 million and above. One year ago on April 23, 2024, there were 2,849 active single-family home listings in Cape Coral through the MLS with list prices ranging from $225,000 to $10.9 million. A year ago the median list price was $499,900 and there were 1,165 homes listed at $450,000 and under, including 43 homes below $300,000. At that time there were 351 homes listed at $1 million and above. As a point of reference, based on our weekly market research, it was only three years ago on April 19, 2022, when the Cape’s median list price reached its peak of $610,000.
As of Tuesday, April 22, there were 762 single-family homes in the Cape under contract with buyers as pending sales at prices ranging from $159,900 for a fire damaged home to $4.759 million. The median pending home sales price was $376,445 and 522 of the pending sales were priced at $450,000 and under, including 116 homes priced below $300,000. A total of 32 homes in the Cape were pending at $1 million and above. One year ago on April 23, 2024, there were 872 pending home sales at prices ranging from $225,000 to $3.799 million, with the median pending sales price at $400,000. Back then, 546 of the pending sales were priced at $450,000 and under, including 47 homes below $300,000. At that time there were 54 pending sales at $1 million and above. On April 19, 2023, there were 925 pending sales.
For the month of March in the overall Cape Coral single-family home market, there were 534 closed home sales, which was down 0.4% from the 536 homes sold in March 2024, but up 62.3% versus the 329 sales in February of this year. In the first quarter of 2025, there were 1,124 closed sales, which was 6.7% below the 1,205 homes sold in the first quarter of last year, but up 10.5% from the 1,017 sales in the fourth quarter of 2024.
The median sales price in the overall Cape Coral single-family home market was $380,000 in March, which was down 5% from the $400,000 posted in both March 2024, and in February of this year. In the first quarter, the median sales price averaged $385,000 per month, or 6.4% below the average of $411,407 per month in the first quarter of 2024, and down 1.3% from the average of $389,967 per month in the fourth quarter of 2024.
Indirect gulf access canal homes
below the $850,000 in March 2024, but up 9.5% versus the $735,000 in February of this year. In the first quarter, the median sales price in this segment averaged $768,333 per month, which was down 8.6% from the average of $840,833 per month in the first quarter of 2024, but 0.4% above the average of $765,000 per month in the fourth quarter of last year.
Freshwater canal and lake homes
In the Cape’s single-family freshwater canal and lake home segment, which includes landlocked waterfront homes with no boating access to the river or Gulf of America, there were 71 closed sales in March. This was 29.1% higher than the 55 sales in March 2024, and 44.9% above the 49 sales in February of this year. In the first quarter of 2025, there were 146 closed sales in this segment, which was 14.1% more than the 128 sales in the first quarter of 2024, and 30.4% above the 112 sales in the fourth quarter of last year.
The median sales price in the freshwater canal and lake home segment was $445,000 in March, down 3.3% from the $460,000 posted in March 2024, and 4.7% below the $466,860 in February of this year. In the first quarter, the median sales price in this segment averaged $453,953 per month, down 5% from the average of $478,000 per month in the first quarter of 2024, and 4.2% below the average of $473,738 per month in the fourth quarter of last year.
Dry lot homes
In the Cape’s single-family dry lot (non-canal) home segment, there were 368 closed sales in March, which was 3.9% lower than the 383 sales in March 2024, but 64.3% above the 224 sales in February of this year. There were 786 closed sales in this segment during the first quarter, which was 6.9% below the 844 sales in the first quarter of 2024, but up 3.3% from the 761 sales in the fourth quarter of last year.
In the Cape Coral single-family indirect gulf access canal home segment (meaning homes with bridges in the canal system), there were 49 closed sales in March. This was 14% lower than the 57 closed sales in March 2024, but 69% above the 29 sales in February of this year. In the first quarter of 2025, there were 98 closed sales in this segment, which was 22.8% less than the 127 sales in the first quarter of 2024, but it was 21% above the 81 sales in the fourth quarter of last year.
The median sales price for the Cape’s indirect gulf access canal homes was $735,000 in March, or 2% below the $750,000 posted in March 2024, and even with the $735,000 in February of this year. In the first quarter, the median sales price in this segment averaged $745,667 per month, or 5.9% below the average of $792,083 per month in the first quarter of 2024, and 0.5% under the average of $749,038 per month in the fourth quarter of last year.
Direct sailboat access canal homes
In the Cape Coral single-family direct sailboat access canal home segment (meaning no bridges in the canals to get out to open water), there were 46 closed sales in March. This was 15% higher than the 40 sales in March 2024, and 70.4% above the 27 sales in February of this year. In the first quarter of 2025, there were 93 closed sales in this segment, which was 8.8% below the 102 sales in the first quarter of 2024, but 52.5% above the 61 closed sales in the fourth quarter of last year.
The median sales price in the Cape’s single-family direct sailboat access canal home segment came in at $805,000 in March, which was 5.3%
The median sales price in the Cape’s dry lot home segment was $347,700 in March, or 6% lower than the $370,000 posted in March 2024, and it was down 4.7% from $365,000 in February of this year. In the first quarter, the median sales price in this segment averaged $353,563 per month, which was 6.1% below the average of $376,665 per month in the first quarter of 2024, and 4% less than the average of $368,132 per month in the fourth quarter of last year.
The sales data for this article was obtained from the Florida Realtors Multiple Listing Service Matrix for Lee County, Fla., as of April 19, 2025, unless otherwise noted. It was compiled by Bob and Geri Quinn and it includes information specifically for Cape Coral single-family homes, and does not include condominiums, short sales or foreclosures. The data and statistics are believed to be reliable, however, they could be updated and revised periodically, and are subject to change without notice. The Quinns are a husband and wife real estate team with the RE/MAX Realty Team office in Cape Coral. They have lived in Cape Coral for over 45 years. Geri has been a full-time Realtor since 2005, and Bob joined with Geri as a full-time Realtor in 2014. Their real estate practice is mainly focused on Cape Coral residential property and vacant lots.
Fri. 4/25/2025 1-3pm 849 NW 2nd St, Cape Coral, FL 33993 $570,000
Fri. 4/25/2025 3:30-5:30pm 1503 SE 33rd Ter, Cape Coral, FL 33904 $407,900
Fri. 4/25/2025 10-2pm 925 NE 4th Ave, Cape Coral, FL 33909
Fri. 4/25/2025 1-4pm 1811 Savona Pkwy W, Cape Coral, FL 33914 $465,000 Larry Deberry Coldwell Banker Realty
Sat. 4/26/2025 10-1pm 428 SE 8th St, Cape Coral, FL 33990 $360,000 Jessica Colom Swfl Life Realty
Sat. 4/26/2025 11-3pm 600 NW 27th St, Cape Coral, FL 33993
Sat. 4/26/2025 12-3pm 4142 SW 22nd Ct, Cape Coral, FL 33914
Sat. 4/26/2025 10-2pm 925 NE 4th Ave, Cape Coral, FL 33909
Sat. 4/26/2025 11-2pm 1316 NE Juanita Pl, Cape Coral, FL 33909
Sat. 4/26/2025 12-3pm 5502 Merlyn Ln, Cape Coral, FL 33914 $1,850,000 Laura Madden Dwell Right
Sat. 4/26/2025 1-4pm 627 SW 57th St, Cape Coral, FL 33914
Peter Frank Dream Coast Realty
Sat. 4/26/2025 1-4pm 2112 NE 4th Pl, Cape Coral, FL 33909 $389,900 Jerry da Silva Home Legacy Realty
Sat. 4/26/2025 2-4pm 3539 NE 14th Pl, Cape Coral, FL 33909 $519,990 Ivan Evanoff Canvas Real Estate
Sat. 4/26/2025 12-4pm 223 Tropicana Pkwy E, Cape Coral, FL 33909 $469,999 Martha Chacon DCI Homes Realty Group
Sat. 4/26/2025 1-3pm 217 SW 17th St, Cape Coral $399,900 Rusty Zakraysek Coldwell
Sat. 4/26/2025 12-3pm 3718 SE 6th Ave, Cape Coral
Sat. 4/26/2025 11-2pm 3418 SE 19th Ave, Cape Coral
Sat. 4/26/2025 12-3pm 4355 SW 21st Pl, Cape Coral
Sat. 4/26/2025 12-3pm 102 Poinsettia Dr, Fort Myers
Sat. 4/26/2025 1-3pm 15464-6 Admiralty Cir. North Fort Myers
Sat. 4/26/2025
4/26/2025 2:30-4:30pm 125 NE 11th Pl, Cape Coral, FL 33909
4/27/2025 11-2pm 864 SW 18th Ter, Cape Coral, FL 33991
4/27/2025 1-4pm 2224 NW 25th Ter, Cape Coral, FL 3399
4/27/2025 12-2pm 600 NW 27th St, Cape Coral, FL 33993
4/27/2025 12-4pm 925
4th Ave, Cape Coral, FL 33909
4/27/2025 1-4pm 627 SW 57th St, Cape Coral, FL 33914
4/27/2025 11-2pm 142 SW 35th Ave, Cape Coral, FL 33991