Real Estate Law Blog

During my 26 years practicing real estate law, and with over ten thousand real estate closings under my belt, I have seen my share of real estate agents. Some great. Others, not so much. The great ones, however, all share the same traits, and, in my opinion, it is these characteristics that set them apart […]

Just months prior to the pandemic, the title and legal industry made some tremendous strides toward virtual closings. Florida’s remote online notarization (“RON”) law, passed in July 2019, went into effect January 1, 2020. Normally, new technology takes time to implement; however,  lockdown/quarantine requirements allowed Becker and Becker Title to accelerate adoption and implementation of […]

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 […]

Two years ago, my wife and I sold our house of 23 years and decided to downsize. We thought we would rent for a year and figure out what we wanted to do. I had an accident, so one year became two and she (not me) started looking just as the COVID-19 crisis began. I […]

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 […]

The term net lease refers to a contractual agreement where, in addition to rent, a lessee pays a portion or all of the taxes, insurance fees, and maintenance costs for a property. Net leases are commonly used in commercial real estate. In the purest form of a net lease, the tenant is expected to pay […]

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.