Oftentimes, residential and commercial real estate developers or brokers may confront title issues that interfere with the ability to sell or close on a property. If the property owner does not have clear, marketable title, it means that there is a “cloud on title.” Since clouds on title interfere with […]
On Tuesday, June 15, 2021 from 12:00 PM-1:00 PM, three attorneys from our Real Estate Development, Sales and Leasing team presented Commercial Real Estate Transactions: How to Avoid Common Buyers’ Pitfalls. This event was geared towards anyone involved in the purchase of land or real estate on the commercial side. […]
Under Florida law, condominium association (“CA”) board of directors members and homeowners’ association (“HOA”) board of directors members owe fiduciary duties to their associations and the unit or home owners they serve. This generally means that directors must place the interests of the association above their own self-interest and take […]
After a shareholder is ousted from a corporation, is the shareholder still entitled to inspect the corporate records?[1] It is undisputed that Florida law only guarantees access to corporate records to present shareholders. Urfirer v. Cornfeld, 408 F.3d 710, 726 (11th Cir. 2005). However, what if the shareholder demands to […]
Using “self-help” as a means to evict commercial tenants is no longer acceptable and likely to result in a lawsuit against the commercial landlord. When a tenant fails to pay rent as it becomes due, breach appears to be undisputed. After all, paying rent is typically why the tenant is […]
One of the most important aspects of construction project success for subcontractors can be the subcontract agreement. A one-sided subcontract in favor of the contractor can make problems experienced by the subcontractor on the project even worse, and leave the subcontractor with very few options. While subcontractors may not always […]
Featured in the May 2021 Issue Partner’s Perspective: Allow Us to Introduce JB FOR ME Register Now for Our Learn and Lunch Presentation: Commercial Real Estate Transactions: How to Avoid Common Buyers’ Pitfalls Managing Partner Charles B. Jimerson, One of Three Best Rated Business Lawyers in the Area Curiosities, Ruminations […]
Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. However, pursuant to Section 702.036 of the Florida Statutes, the foreclosure sale […]
In every foreclosure action, the foreclosing lender will be required to publish some sort of legal advertisement or notice in a newspaper (e.g. the Notice of Foreclosure Sale). “Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is […]
On many construction projects, the general contractor may be required to furnish a performance bond. That performance bond guarantees the completion of the prime contract if the general contractor defaults. A performance bond is a three-party contract between a surety (the party promising to be responsible if the principal fails […]