• South Florida / Fort Lauderdale & Luxury Residential Real Property Acquisitions and Sales

    Real Estate Closings, Title Examination & Issuance of Title Policies

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  • South Florida / Fort Lauderdale Real Estate Contract Preparation and Review

    Real Estate Financing, Real Estate Development & Issuance of Title Policies

    Slide3
  • Real Property Acquisitions & Sales for Office Buildings

    Shopping Centers, Hotels & Apartment Buildings, Commercial Leasing & Retail

    Slide2
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The language used in a contract is what governs the relationship between the contracting parties. In a lawsuit, the court looks within the four corners of the contract to determine the rights and obligations of each party. Outside evidence can be used in limited circumstances, such as to explain particular terms of the contract. The […]

Real estate brokers are employed by property sellers to assist in finding a purchaser or producing a sale. The terms of the broker’s employment may be outlined in a listing agreement. The listing agreement indicates what a broker must do in order to receive a commission. Once the broker either finds a purchaser or produces […]

With the rising popularity of alternative dispute resolution, more contractual agreements are including mandatory arbitration clauses. In response, courts have put arbitration clauses under the microscope, making the drafting and review of arbitration clauses and the contracts that contain them even more significant. A good example of the of where the court has given an […]

Wrongful Foreclosure or Breach of Contract: The Importance of Proper Pleading It is necessary to allege sufficient facts so a court can determine if a claimant has a viable claim. Failure to allege sufficient facts opens the claim up to possible dismissal. Foxx v. Ocwen Loan Servicing, LLC, 8:11-CV-1766-T-17EAK, 2012 WL 2048252 (M.D. Fla. 2012). […]

While there are some similarities between the buying and selling of residential real estate and the buying and selling of commercial real estate, the duty to disclose in residential real estate transactions does not similarly apply to commercial property sellers. When a residential seller makes a material misrepresentation and the buyer relies on that misrepresentation, […]

Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the argument […]

Baldwin v. Regions Financial Corp., — So.3d —-, 2012 WL 4094147 (Fla. 3d DCA 2012) On September 19, 2012, the Third District Court of Appeal of the Third District of Florida held that an arbitration clause of a loan agreement containing a class action waiver was not void as being against public policy despite the […]

  Is a denial of a summary judgment appealable after verdict and judgment? The Fourth District Court of Appeal answered this question affirmatively in a recent decision and clarified the operative rules in Dr. Tim Ioannides, et al. v. Dr. Richard A. Romagosa, No. 4D10-4670 (Fla. 4th DCA, July 11, 2012).                                                       Ioannides involved a breach […]

A broker’s right to a commission is controlled, in the final analysis, by the provisions of the employment (“listing”) agreement with the owner.  In some listing agreements, a broker is hired to find a purchaser.  In other listing agreements, a broker is hired to effectuate a sale.  The listing agreement controls whether or not the […]

A choice-of-law clause in a contract is a provision that designates the law that will govern any disputes between the contracting parties.  Including a choice-of-law clause in a contract where parties are located in different states, or even different countries, can minimize the uncertainty associated with any potential litigation with respect to the contract, and […]

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