Every small business should have a written contract, whether it is with its customers, vendors, or suppliers. While every business is different, and this may apply to some industries more than others, it is important for small businesses to evaluate when or how a dispute could arise and whether they […]
Far too often, I’m approached by tenants who have an issue with a residential lease that they have already signed and agreed to but have come to find out is full of problems and missing key information. Like any contract, once a lease is signed, there’s not much a tenant […]
The commercial landlord-tenant act is set forth in Sections 83.001-83.251 of the Florida Statutes. While the commercial landlord-tenant act does not specifically address whether wrongful/constructive eviction (“constructive eviction”) is a defense to an eviction or removal action (or grounds for a tenant to vacate the premises), case law supports that […]
As a real estate attorney, I’m often approached by clients purchasing a new property that are concerned with deed restrictions. They first want to know what deed restrictions (also known as covenants and restrictions) are, and second, they want to know whether such deed restrictions can be circumvented. These are […]
Among the many attractive features of owning real estate in Florida is the possibility of having a waterfront view of one of the numerous scenic bodies of water throughout the state. However, property owners in Florida are often under the mistaken impression that they have an absolute right to a […]
As a real estate attorney, I am often approached with the question of whether it’s necessary to hire an attorney when purchasing a new home. After all, there is no requirement in the state of Florida that a homebuyer needs to be represented by counsel. Plus, there are several other […]
Paying off one’s mortgage can be an exciting time for homeowners. Not only is the homeowner relieved of the burden of their monthly mortgage payments, but they are also finally able to proclaim that the property is owned free and clear. However, making the payoff alone does not automatically free […]
It is a common question whether certain restrictive covenants, such as confidentiality agreements, are enforceable in Florida. A restrictive covenant is a contractual agreement or provision designed to protect a party’s business interests and restricts what a party is allowed to do after the agreement is executed. See Proudfoot Consulting […]
When a property owner experiences construction defects in their property, one of the important considerations as to whether or not to pursue a construction defect lawsuit is what types of damages may be available to remedy the defects. This is an important consideration, as without a complete understanding of all […]
Different situations can lead to a corporate buyout. As a business move, a majority shareholder may seek to buyout the minority shareholders or one company may seek to acquire a majority of another company’s shares. Buyouts may also be contractually forced under a company’s governing documents or legally forced by […]