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Author: Jimerson Birr

Considerations for Community Association’s Use of Drones for Covenant Enforcement and Maintenance Inspections

April 9, 2019 Community Association Industry Legal Blog

There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance.  The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections.  However, there are significant risks as well.  There are a number of […]

How to Calculate Real Estate Valuation Damages in a Construction Defect Action

April 4, 2019 Construction Industry Legal Blog

When determining whether to pursue a construction defect action, few property owners consider the question: “how will my damages be calculated?”. While understandable, failure to properly address this question can prevent owners from recovering the full extent of their damages. This blog post discusses issues that should be considered when […]

Quiet Enjoyment – What Landlords Need to Understand

April 2, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Almost everyone, regardless of whether they have ever leased out or rented a commercial space, is generally aware of each party’s duties under a commercial tenant lease agreement. The landlord allows the tenant to use his building, in exchange for the tenant making rental payments.  But, most people, even experienced […]

Can a Condominium Impose Special Assessments for Necessary or Routine Maintenance?

April 1, 2019 Community Association Industry Legal Blog

Although it is rarely welcomed by the owners, condo associations are permitted by Florida statute to impose special assessments for necessary and routine maintenance. There are a lot of considerations that come into play in deciding whether special assessments for necessary maintenance are required, both procedural and substantive considerations. For […]

March 2019 Firm Newsletter: Out-Preparing and Out-Working the Competition on Your Path to Success

March 30, 2019 Newsletters

Featured in the March 2019 Issue Partner’s Perspective: Out-Preparing and Out-Working the Competition on Your Path to Success JoAnne Eichelberger joins Jimerson Birr’s Business Litigation and Appellate Law practice groups Jimerson Birr wins the Florida Community Association Journal 2019 Readers Choice Award New Law Blogs Curiosities, Ruminations and Various Eccentricities […]

7 Reasons Why You Need an Attorney for a Quitclaim Deed Transaction

March 26, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

Quitclaim deeds are often viewed as quick, easy mechanisms for transferring title in real property from one party to another. However, if the parties fail to properly consider all relevant issues, a quitclaim deed transaction may have undesirable consequences. Fortunately, many of these consequences can be avoided by hiring an […]

Can Real Estate Seller Disclosure Obligations (Johnson v. Davis) be Waived in a Purchase and Sale Agreement?

March 22, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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 obligation on sellers of residential real estate to disclose latent […]

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?

March 20, 2019 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog

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 participating/purchasing bank(s) relying on the diligence and underwriting of the […]

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