Real Estate Development, Sales and Leasing Industry Legal Blog

Adequate parking is essential to most businesses.  Sufficient parking is needed for a business’s employees, customers or vendors.  Most commercial lease agreements will address parking or will address common areas, which may include parking.  Depending on a tenant’s business, adequate parking may be a material term of the commercial lease […]

Earlier this year, I wrote about a unique land use issue and some very specific First Amendment free speech implications related to the regulation of charitable donation bins (The Right to Blight – Charitable Donation Bins, Freedom of Speech, and the First Amendment).  Very few local governments, property owners and […]

Waterfront property is something that has attracted millions of residents to Florida over the years.  Whether it be a single-family home, a large homeowners association, a vibrant condo association or a busy commercial marina, the right to utilize the water that lies immediately adjacent to upland property is a long-standing […]

It seems like common sense that if the lease for a commercial space is silent on the issue of who’s responsible for maintenance and repairs of the Premises, including the infrastructure and equipment serving the Premises, that the landlord would be liable for maintenance and repair costs.  After all, the […]

During the 2019 legislative session, State Representative Jason Fischer introduced and sponsored House Bill No. 7103.  The proposed bill contained language that amended various state statutes, all dealing with development in Florida.  On June 28, 2019, Governor Ron DeSantis signed the bill into law.  While the bill is not controversial, […]

For many companies, the award of a single public contract can help cement long-lasting relationships that may result in years of continuing business.  Therefore, it is important for companies of all sizes to know and understand the requirements and bidding process in Florida when bidding on a public procurement contract.  […]

Real property purchase and sale agreements often contain detailed requirements pertaining to termination, inspection, placing of deposits, and even the form in which certain notices to parties must be provided.  Of course, parties to such agreements must read and understand their material terms and failing to strictly comply with material […]

Winning a judgment is a lot different than collecting on a judgment. A properly perfected judgment will create a lien against real property owned by the losing party (“judgment debtor”[1]) in the amount of the judgment.  Section 55.10(1) of the Florida Statutes provides that when a certified copy of the […]

Over the past few years each legislative session in Florida seems to generate new laws that impose various requirements on local governments. Some are labeled “unfunded mandates” and others are described as an assault on “home rule”.  But as bad as those things sound, the reality is that most state […]

According to NOAA, Florida has over 8,400 hundred miles of coastline.  That is second only to Alaska.  Since 2000, 79 tropical or subtropical storms have impacted the state of Florida.  Many of us cringe when we hear the names Floyd, Bonnie, Florence, Ivan, Dennis, Irma, Matthew and Michael.  Collectively, these […]