Florida Commercial Real Estate And Land Use Law Blog
Challenging Quasi-Judicial Decisions Of A Local Government
If you own operate a business, rent to commercial tenants, develop real estate or even just own a parcel containing a single-family home, chances are, you are going to have to seek some sort of regulatory approval from a local … Read Full Post
Can A Bank Issue A Loan Secured By Its Own Stock?
On occasion a lender is confronted with a complicated question of whether it can lend based on collateral in the form of its own stock. Unfortunately, this is not legally acceptable collateral, as neither a national, nor a local Florida … Read Full Post
Quiet Enjoyment – What Landlords Need To Understand
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 … Read Full Post
7 Reasons Why You Need An Attorney For A Quitclaim Deed Transaction
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, … Read Full Post
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
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
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
What Does the Sign Say? Sign Regulation, Legal Issues and the First Amendment
All signs are subject to some form of regulation while at the same time carrying some form of First Amendment protection. Due to those protections afforded by the First Amendment, government regulation of signs is subject to a heightened scrutiny. … Read Full Post
The Right To Blight – Charitable Donation Bins, Freedom Of Speech And The First Amendment
The next time you are sitting at a red light at a busy suburban intersection, instead of checking your smart phone, look out the window. Look beyond the other traffic, beyond the political signs, and beyond the fast food combo … Read Full Post
Buyer Actions And Seller Actions For Drafting A Complaint Due To A Real Estate Sales Contract Breach
A real estate sales contract establishes the rights and obligations of the buyer and seller. As a result, it is important to understand what each party must do to avoid a contract breach. Otherwise, litigation may become necessary in order … Read Full Post