Real Estate Law Blog

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.

Prior to July 1, 2020, some landlords and tenants did not realize their lease agreement contained a minor defect which undermined the enforceability, in whole or in part of the lease agreement itself. Leases for a term of more than one year were distinguished under Florida law and an interest in real estate for a […]

Buying a home for the first time is exciting. While home hunting it may be easy to get blinded by the size of the swimming pool, or the spacious open layout, or the amazing backsplash on the kitchen walls to go with those new granite and quartz counter tops and hard wood floors. When one […]

On July 31, 2020, Florida Governor Ron DeSantis issued Executive Order No. 20-181, declaring a sixty (60) day a State of Emergency in each county along Florida’s east coast ahead of Hurricane Isaias. This includes areas from Miami-Dade to Nassau counties.

Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether you live in a single family home or in a […]

As brokers, you are constantly looking at ways to maximize value for your clients. Whether you represent sellers or buyers, you may be missing out on huge opportunities by not engaging in land use due diligence. Many of you are familiar with real estate due diligence, on title work, deeds and insurance, but you have […]

Every 1 in 3 Millennials purchased a home in 2018, and yet only 36% of Millennials were married. It’s getting more and more common for this generation to choose to purchase a home together as boyfriend/girlfriend and take title as joint tenants with right of survivorship. But, what happens when they breakup and cannot agree […]

The end of the year is the time of year when real estate attorneys are the busiest. We are trying to close multiple deals by year-end for our clients. With the closing rush comes the review and negotiation of stacks of documents. We work on contracts, leases, and loan documents. Over the years, most attorneys […]

Buying a home is often a difficult process in and of itself, but selling a home while trying to buy one at the same time?  It can be done if you have a plan and know what you are doing. You should have a real estate professional on your team to help you navigate through […]

When parties enter into an active contract on the purchase of a home, they assume that the contract will close on the agreed upon closing date listed in the sales contract. Sometimes, however, notwithstanding that obligation, one of the parties changes their mind. What remedies are available when the other party refuses to close?

Developers and property owners are required to go through a complex process of review at multiple layers of government when processing development applications. One of the requirements is an impact and concurrency analysis, which analyzes the impact the proposed building will have on public facilities and utilities, such as roads, sewer, infrastructure, and schools. What […]

As Halloween approaches, we have all probably noticed a number of pop-up Halloween costume and party shops opening around town.  As soon as they close, the Christmas stores will take their place.  Holiday and other pop-ups have become very popular in the retail landscape over the last decade or so.  For both landlords and tenants, […]

Answer: It depends! Section 18F-Time is a commonly misinterpreted section of the FAR BAR Contract. Calendar dates are used to compute the critical dates of the contract. If a deadline falls on a calendar date that is not a weekend or national holiday, the deadline expires at the end of that calendar date, which is […]

It has been some time since I last wrote about operating expenses in leases.  Tenants like certainty in budgeting and, because of the way most leases are drafted, landlords often have flexibility to change and increase operating expenses each year.  I have previously offered suggestions on how tenants can limit some of this uncertainty and […]