Monthly Archives: March 2019

Can Real Estate Seller Disclosure Obligations (Johnson v. Davis) Be Waived In A Purchase And Sale Agreement?

We are often asked by buyers and sellers alike as to what obligations of disclosure a seller has on a residential real estate transaction. Thanks to well established Florida precedent, in Johnson v. Davis, the Florida Supreme Court created an … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas:

Do OCC Guidelines And Regulations Governing The Conduct Of Banks In Loan Participation Transactions Impose An Obligation Upon The Purchasing Bank To Conduct An Independent Credit Analysis Of The Borrower?

As the economy remains hot and the lending environment remains competitive, many OCC regulated banks will turn to loan participation transactions in order to turn a profit. Often these transactions are made in a bit of a vacuum with the … Read Full Post

CATEGORY: Florida Business Litigation Blog Practice Areas: ,

Do Tenants Get Compensated When The Government Takes Property By Eminent Domain?

When the government takes property from a land owner under eminent domain, it is given that the government must pay the owner for the value of the property taken. However, tenants and leaseholders of property are often unsure as to … Read Full Post

CATEGORY: Florida Eminent Domain Law Blog Practice Areas: ,

Contractor Guide To Effectively Using The Construction Lien Law And Florida Statute 713.05 For Protection And To Allow A Full Recovery

All contractors and subcontractors in the State of Florida should know that a contractor and a subcontractor may each claim a lien for the same work on a particular project.  However, the contractor and the subcontractor cannot both recover for … Read Full Post

CATEGORY: Florida Construction Industry Law Blog Practice Areas: ,

What Does the Sign Say Part II: Practical Solutions for Local Governments

As was discussed in Part I of this blog series, all signs are subject to some form of regulation while also carrying First Amendment protection.  This almost always leads to sign regulations that are confusing, inadequate, dated, and often, unconstitutional. … Read Full Post

CATEGORY: Florida Commercial Real Estate And Land Use Law Blog Practice Areas: , , , , ,

Can’t Help Yourself: Self-help Eviction Under Florida Law

It is common to see commercial leases that grant the landlord broad powers upon the tenant’s default.  Some variation of the following can often be found in a lease: Upon default by Tenant, Landlord may immediately re‑enter the Premises and … Read Full Post

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