Perspectives

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Breaking Up Is Hard to Do: Who Gets Credit for the Deposit When Unmarried Couples Partition a Home?

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 […]

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Scott Marcus Reappointed to Florida Realtor-Attorney Joint Committee

Real Estate Shareholder Scott A. Marcus has been reappointed to the Florida Realtor-Attorney Joint Committee. The 22 member committee is made up of eleven attorneys appointed by The Florida Bar and eleven Realtor®/broker members appointed by Florida Realtors®. Mr. Marcus has served on the Committee since 2017 and will continue to represent the 4th Appellate […]

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The Board Certification Advantage

We did the math. With 51 Florida Bar Board Certified attorneys, we pride ourselves on having more certified attorneys in Business Litigation, Construction, Real Estate, and Condominium & Planned Development Law combined than any other law firm in the state. Board certification demands rigorous testing and is in recognition of having the highest standards of […]

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Forcing the Sale of Property After Breach of Sales Agreement

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?

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Feeling the Impact? Lower Your Costs in the Development Application Process

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 […]

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Do the Deadlines on the FAR BAR “AS-IS” Residential Contract for Sale and Purchase expire at 5:00pm or 11:59pm?

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 […]

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“Debtor Must Release Privileged Carlton Fields Attorney-Client Communications, Judge Rules,” Daily Business Review

Becker shareholder Jon Polenberg represents creditor-trustee, Daniel J. Stermer in a suit filed in Bankruptcy Court for the Middle District of Florida alleging that ATIF’s 2015 asset transfer to Old Republic National Title Insurance Company, one of the largest title insurance groups in the U.S., was fraudulent. Mr. Polenberg argued that ATIF attempted to avoid […]

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