Florida law governs the transition of association control from developer to owners. Some turnovers are smooth and accomplished in an expeditious manner. Other turnovers are difficult, complex, and result in litigation. A critical component to successful turnover from the developer perspective and community association perspective is communication. We encourage contacting our firm prior to the […]
Read MoreResults
“Top 10 Reasons for Due Diligence” – Southwest Florida Business Today
Even if you are a sophisticated and seasoned commercial property owner, each transaction and each property is different and commercial experience alone does not replace the need to thoroughly perform due diligence on each property being purchased. Tyra Read outlines the questions that should be answered by your due diligence. Read the full article from […]
Read MoreTyra N. Read Named Among American Institute of Legal Counsel’s 10 Best Real Estate Law Attorneys
Congratulations to Shareholder Tyra N. Read who has been honored by the American Institute of Legal Counsel as one of Florida’s 2018-2019 10 Best Real Estate Law Attorneys for Client Satisfaction. The prestigious list is comprised of the top ten attorneys in each state who have not only attained the highest degree of professional achievement […]
Read MoreEmotional Support and Service Animals in Housing and Your Business
Handy tips for property owners, landlords, property managers, developers, real estate agents, community associations, and business owners: Business owners of public accommodations, such as restaurants, hotels and stores, are not required to allow emotional support animals but they are required to allow service animals. The type of information needed to request a service animal or emotional […]
Read MoreDo You Know if Your Employees are Using Medical Marijuana?
It is no surprise various clients have recently indicated uncertainty on how to handle the use of medical marijuana by their employees. As an employer, do you know how the applicable laws apply to your company due to medical marijuana being legalized in Florida? Now that Florida law permits the use of medical marijuana, an […]
Read MoreShould Commercial Real Property Tax Continue To Be Capped at 10% Per Year?
Let me take you back to the Florida real estate market in 2008. Do you remember it? The economy and forecast for the local real estate market was dismal. Florida was plagued with both residential and commercial mortgage foreclosures. Today the Florida real estate market is strong, with businesses and the economy thriving. In 2008, […]
Read MoreTop 10 Due Diligence Questions to Ask Prior to Purchasing Property
Before closing on a commercial property, buyers should always perform due diligence to make sure they know all material facts about their potential investment. The extent and scope of the due diligence varies with each property and depends on the goal of the buyer. For example, will the buyer be the end user or is […]
Read MoreAvoiding Costly Mistakes When Purchasing Property in Today’s Market
It is commonly known that a buyer should perform due diligence before purchasing property. If the buyer fails to perform due diligence (obtaining a building inspection, phase I environmental report, mold inspection, Chinese Drywall inspection, survey, etc.) the buyer may incur significant unanticipated post-closing costs and liabilities. When purchasing property at a foreclosure sale or […]
Read MoreCan a Court Reduce the Interest Due the Association for Unpaid Assessments?
As a unit owner in a condominium association, you are obligated to pay assessments to the Association for the common expenses incurred to operate and maintain the Association property. When a unit owner fails to pay the assessments, the Association may sue to collect the amount due. Florida statute provides the unpaid assessments shall bear […]
Read MoreThe Need for Due Diligence Before Signing a Lease Agreement
What Do You Do When You Need an Easement Over a Portion of Your Neighbor’s Property?
I am often asked to draft easement agreements. It is not uncommon for a residential or commercial property owner to desire or need to enter into an agreement with the neighboring property owner concerning the use of one or both of the properties. However, what neighbors usually do not consider is that an easement is […]
Read MoreA Buyer’s Guide to Purchasing Commercial Real Estate: Top 10 Due Diligence Questions Before Signing A Contract
A good portion of my practice involves representing buyers in commercial and residential transactions. Part of this representation involves advising my clients on due diligence matters pertaining to the property. Most of us know investigation of various real property matters is critical before purchasing commercial real estate. Do you also know your due diligence of […]
Read MoreA Buyer’s Guide to Purchasing Commercial Real Estate: Top 10 Due Diligence Questions Before Purchasing Commercial Property
Last month I wrote about the importance of due diligence before a contract is signed when purchasing commercial property. This month’s article discusses a buyer’s due diligence after the contract has been signed but prior to closing and taking title to the property. As stated in last month’s article, a buyer must perform due diligence […]
Read MoreBecker & Poliakoff Welcomes Real Estate Attorney Tyra Read
FT. MYERS, October 30, 2014 – Becker & Poliakoff is pleased to announce that Tyra N. Read has joined the Real Estate Practice Group as a shareholder in the Ft. Myers office. Before joining Becker & Poliakoff, she practiced in the real estate group at Henderson, Franklin, Starnes & Holt, P.A. Ms. Read concentrates her practice in residential and commercial […]
Read MoreFlorida’s “Save Our Homes” Benefit, The Ability to Transfer The Benefit to a New Homestead
When the Florida constitution was amended in 1992, a provision was adopted that limited ad valorem taxation on Florida homestead property. The constitutional amendment is codified in Section 193.155, Florida Statutes. The purpose of the provision was to protect Florida residents from being priced out of their homes due to increasing market values and thus, […]
Read MoreWill S. 896 Helping Families Save Their Homes Act of 2009 Help Florida Property Owners Keep Their Homes?
The goal of this bill is to streamline the process of short sales, deeds in lieu of foreclosure and loan modifications. Section 105, Neighborhood Stabilization Program, states “Each State shall be permitted to use the funds to address statewide concerns….” Each State and local government, however, is limited to using a maximum of 10% of such amounts […]
Read MoreDue Diligence Before Signing Residential or Commercial Lease Agreements
As a real estate lawyer, a significant part of my practice involves preparing and negotiating commercial and residential lease agreements. At times, however, potential clients may decide to find a sample lease agreement online, or have their realtor prepare the lease, to avoid attorney fees. Proceed With Caution Because most commercial leases are for 5, […]
Read MoreWhat Should You Ask Before Hiring A Lawyer?
I strongly encourage people to call several lawyers before deciding on the lawyer they will hire. Some questions to ask the prospective lawyer are: 1. How long has the lawyer been in practice and if the lawyer specializes in a particular area of law, how long has the lawyer been practicing in that area? 2. […]
Read More