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 […]
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The Do’s and Don’ts of Buying a House – a Personal Experience
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 […]
Read MoreThe COVID-19 Pandemic and Its Effect On Association Collections
Since the early days in March 2020, the discussion during the COVID-19 pandemic has been about, among other related issues, Stay at Home Executive Orders, closing and then opening businesses, flattening the curve, wearing masks and social distancing. These discussions and decisions are understandable however association collection attorneys, (on a less public stage) have dealt […]
Read MoreUnlicensed Practice of Law
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 […]
Read MoreAssociation Title Services is Now Becker Title
Please join us as we celebrate the official launch of Becker Title! About Becker Title: Becker Title is the in-house title company of Becker & Poliakoff, a Florida-based law firm focusing on residential real estate closings, title, and escrow services. While we have modernized the look and feel of our logo and website to better […]
Read MoreEverything You Need to Know About Net Leases
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 […]
Read MoreAttorney Fees with Respect to Brokerage Commissions
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.
Read MorePre-Judgment and Post-Judgment Interest
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.
Read MoreLiquidated Damages and Your Listing Agreement
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 […]
Read MorePreparing to Navigate the Claims Process by Understanding What Is Expected
Navigating an insurance claim after a significant loss can be frustrating, costly, and time consuming. Associations have an obligation to cooperate with their insurance company fully and completely during the claims process even in the most daunting of circumstances. Failure to adhere to that duty may result in the denial of an insurance claim even […]
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