Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations…more
After luxury real estate attorneys have reviewed the contract, a checklist of items required for the sale can help prepare for closing…more
Part I: Have an Experienced Real Estate Attorney Review the Contract
Mistakes in real estate contracts can cause major issues…more
Generally, a director or officer of a corporation does not incur personal liability for [the corporation’s] torts merely by reason of his official character; he is not liable for torts committed by or for the corporation unless…more
In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium…more
The most common listing contract in Florida is the exclusive right of sale. An exclusive right of sale listing contract entitles a broker to compensation if the property is sold through the efforts of any party including the…more
South Florida is a top luxury real estate market. The Sun-Sentinel reported that last year Broward County posted 464 sales of homes and condos valued at $1 million or more and Palm Beach County had 791 sales of $1 million-plus…more
A trial court granted summary judgment in favor of Spurrier Investments, Inc. (“Landlord”) on LK Group Holding Company’s (“Tenant”) counterclaim for wrongful eviction. Tenant based the counterclaim on the fact that a default…more
The relation back doctrine set forth in Florida Rule of Civil Procedure 1.190(c) provides that an amended pleading relates back to the date of the original pleading when it arises “out of the conduct, transaction, or occurrence…more
Although investment firms are buying many of the distressed properties in South Florida, local real estate investors are still trying to flip homes. Despite the tough competition, local real estate investors are hoping to find…more
To have standing to foreclose, it must be demonstrated that the plaintiff holds the note and mortgage in question. Mazine v. M & I Bank, 67 So. 3d 1129, 1132 (Fla. 1st DCA 2011). The plaintiff must prove that it had standing to…more
Federal bank regulatory agencies released updated supervisory guidance on leveraged lending. The guidance covers transactions characterized by a borrower with financial leverage that significantly exceeds industry norms. The…more
A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an…more
Construction contracts are very complex. If not negotiated and drafted with superior skill, disputes will develop. A construction contract should provide detailed information regarding every aspect of the construction. Involving…more
According to the National Association of Realtors, sales of properties worth over $750,000 have considerably increased in the past year. Reuters reports that the recovery in the luxury real estate market is likely attributed to…more
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