Perspectives

As all real estate professionals know, it’s difficult to predict what bumps in the road may arise while a property is being marketed for sale. Even in the seemingly benign scenario of a vacant residential or commercial property, someone – be it a potential buyer, an agent, a vendor, a landscaper, or anyone else who […]

Q:  As a realtor, how do I know what I’m allowed to do myself, and what I need to hire an attorney to do? A: Real estate professionals often have questions about what might constitute the unlicensed practice of law – commonly known as UPL – which is a criminal infraction under Florida law. UPL […]

Q:  If I have to sue for payment of my brokerage commission, will I be paid for my attorneys’ fees? A:  In Florida, and most jurisdictions throughout the United States, the prevailing party in a lawsuit is not automatically entitled to an award of their attorneys’ fees incurred in the course of the case.

Q: If I have to sue to get my commission paid, do I get interest on the unpaid amount? A: The Florida Statutes provide that the plaintiff in a lawsuit is entitled to judgment on the amounts being sued for, both after and potentially before a judgment is entered.

Q: Will the courts enforce the liquidated damages provision in my listing agreement? A: That depends on a few things. A liquidated damages provision in a listing agreement sets forth the amount of money both parties agree will be paid to the broker in the event that certain events occur, including, first and foremost, the […]

Q: What if my seller delays the closing beyond the termination date of our listing agreement just to avoid paying me my commission? First, you should make sure your listing agreement expressly protects your commission in the event the sale doesn’t close until after the listing agreement has terminated.