After a business owner submits a good faith business damage offer in a Florida eminent domain case, the focus shifts to reaching a resolution of the claim. This article examines the process of settling business damage claims, including the condemning authority’s obligations, the components of a business damage settlement, and […]
When a business suffers economic harm due to a taking in Florida, the business owner bears the burden of proving the amount of damages. Calculating and substantiating business damages requires a thorough, thoughtful approach and detailed evidence. This article explores the key steps and considerations in measuring and demonstrating business […]
When a condemnor takes a Florida business owner’s private property through eminent domain, the owner may be left wondering, “What about my business?” Fortunately, Florida law recognizes that a business may suffer compensable damages separate from the value of the real estate in an eminent domain taking. This article breaks […]
In a strategic move aimed at bolstering economic growth and stability, the Federal Reserve recently implemented an interest rate cut. This decision has wide-reaching implications across various sectors, particularly in real estate. As a real estate lawyer, I see this development as a multifaceted opportunity for both property investors and […]
Ipso Facto clauses are provisions in a contract providing that a party to the contract will be in default in the event of insolvency or due to the party’s financial condition. These provisions can cause headaches and heartburn, particularly when a party—or parties—are entering into bankruptcy proceedings. This blog will […]
Florida’s real estate landscape is dynamic and, at times, complex. One tool that real estate attorneys are often asked about and property owners often consider is the Florida Land Trust, governed by the Florida Land Trust Act, Sec. 689.071, Florida Statutes. This blog serves as an introduction to what a […]
If you have been paying attention to the news lately, you have likely seen stories surrounding a major shakeup with real estate commissions stemming from a settlement in a prominent federal lawsuit. On March 15th, a settlement was agreed on between the National Association of Realtors (“NAR”) and the U.S. […]
It is not uncommon for residential tenants to find themselves at a disadvantage when entering a lease agreement and renting residential property from a landlord. Often, the tenant is not sophisticated in real estate law or the relevant laws of the jurisdiction governing landlords and tenants. Additionally, in the past, […]
The Bert Harris Act was enacted in 1995 by the Florida Legislature in response to concerns that governmental regulations and actions could unfairly diminish the value of private property without providing just compensation to the property owners. See Section 70.001, Florida Statutes. The Act addresses situations that may not rise […]
In the complex realm of residential and commercial real estate transactions, the importance of a well-crafted customized contract cannot be overstated. However, the convenience and seemingly time-saving allure of boilerplate real estate contracts have led many real estate agents and buyers and sellers to neglect the inherent pitfalls associated with […]