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 […]
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 […]
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 […]