Real Estate Development, Sales and Leasing Industry Legal Blog

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 […]

Commercial landlords may encounter tenants who refuse to pay rent, refuse to vacate the premises after the lease term has ended or fail to cure a material breach of the lease agreement.  In these situations, the landlord may decide to commence eviction proceedings by filing an action for eviction and […]

In the wake of the collapse of the Champlain Towers South in Surfside, Florida, many buyers looking to purchase condos for either their primary residence, a second home, or as an investment property have paused to consider whether the unit being purchased is structurally sound.  Such a pause will likely […]

In the mid-1880s, the U.S. Government was searching for a way to encourage westward expansion.  To achieve its goal, Congress passed the Homestead Act of 1862 which rewarded individuals brave enough to head west by allowing them to claim up to 160 acres of land as their own homestead. Many […]

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 […]

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 […]

The impact of the COVID-19 pandemic has been difficult on Florida businesses, particularly those in the hospitality, travel and restaurant industries, forcing many of them to close their doors to the public at various times and to suffer financial hardship. As businesses are beginning to re-open, a growing concern has […]

Lenders, Developers, Environmental Professionals and others over the years have come to know the industry standard for conducting and reporting environmental due diligence, “ASTM E1527 Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process”.  E1527 (commonly referred to as a “Phase I”) was designed by ASTM International […]

A business owner may enter into a commercial lease for purposes of renting space to operate its business activities. Unlike residential leases, a commercial lease should not be a one-size-fits-all lease. Under Florida law, non-residential tenancies (commercial tenancies) are governed by Sections 83.001-82.251 of the Florida Statutes. Business owners, or […]

On December 22, 2020, the United States Environmental Protection Agency (EPA) delegated to the Florida Department of Environmental Protection (FDEP) the authority to issue Section 404 federal Clean Water Act (CWA) permits for dredge and fill activities in certain waters within Florida.  The state’s assumption of responsibility over Section 404, […]