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Quiet Enjoyment – What Landlords Need to Understand

April 2, 2019 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

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 the tenant making rental payments.  But, most people, even experienced […]

7 Reasons Why You Need an Attorney for a Quitclaim Deed Transaction

March 26, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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, many of these consequences can be avoided by hiring an […]

Can Real Estate Seller Disclosure Obligations (Johnson v. Davis) be Waived in a Purchase and Sale Agreement?

March 22, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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 obligation on sellers of residential real estate to disclose latent […]

What Does the Sign Say Part II: Practical Solutions for Local Governments

March 6, 2019 Real Estate Development, Sales and Leasing Industry Legal Blog

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. Yet local governments across that state of Florida and the […]

What Must be Disclosed When Selling Residential Property in Florida?

November 27, 2018 Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Every state has different requirements for what must be disclosed when selling residential property.  Some states don’t require any disclosure and some states require disclosure of facts that don’t tangibly affect the property, such as a murder or suicide.  In Florida, it has always been a violation of the law […]

New Florida Statute Provides Lenders with a Remedy in a Foreclosure Proceeding Against Borrowers who Declare Bankruptcy

October 24, 2018 Banking & Financial Services Industry Legal Blog, Florida Business Litigation Blog, Real Estate Development, Sales and Leasing Industry Legal Blog

Effective October 2018, lenders have a new remedy in a foreclosure proceeding to expedite the final resolution of the proceeding.  Section 702.12, Florida Statutes creates a presumption in favor of the lender that the borrower waived any defense to a foreclosure proceeding when the borrower’s debt was discharged in a […]

Buyer Actions and Seller Actions for Drafting a Complaint due to a Real Estate Sales Contract Breach

August 6, 2018 Real Estate Development, Sales and Leasing Industry Legal Blog

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 for you to recoup losses. In this presentation, we provide […]

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