• 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

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  • Real Property Acquisitions & Sales for Office Buildings

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

    Slide2
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A broker who is the procuring cause is entitled to a commission.  A seller and buyer may not deny the broker’s status as procuring cause by excluding the broker from negotiations.  In order for the broker to be the procuring cause, the buyer and seller must come to a meeting of the minds regarding the […]

A seller has the ability to limit a broker’s entitlement to a commission.  Unless a seller and a broker have a “special contract,” the broker is entitled to a commission if the broker is the procuring cause.  See Siegel v. Landquest, Inc., 761 So.2d 415, 416-17 (Fla. 5th DCA 2000).  In order for the broker […]

Miami Auto. Retail, Inc. v. Christine F. Baldwin, No. 3D10-2136 (Fla. 3d DCA June 27, 2012) This case came up on appeal from an order certifying a class of automobile buyers who traded in a vehicle at Miami Auto Retail, also known as Brickell Honda. In the underlying case the plaintiff, Christine Baldwin, purchased a […]

BROKER’S COMMISSIONS AND PROCURING CAUSE A real estate broker is entitled to a commission if there is a brokerage agreement or if the broker is the “procuring cause.”  Procuring cause is a method to entitle a broker to a commission if certain conditions are fulfilled.  See Allenby & Associates, Inc. v. Crown St. Vincent, Ltd., […]

SERVICE OF PLEADINGS, ORDERS AND DOCUMENTS BY E-MAIL – AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION AND FLORIDA RULES OF CIVIL PROCEDURE On June 21, 2012 (original opinion issued June 21, 2012 followed by a correction opinion filed June 26, 2012), the Florida Supreme Court adopted new rules within the Florida Rules of Judicial […]

A restrictive covenant, as used in the real estate context, is basically an agreement imposed upon a buyer of real property to do or not do something. They can be either affirmative (a promise to do something), or negative (to not do something). An example of a standard affirmative restrictive covenant would be a requirement […]

Real estate brokerage agreements should be written and signed by all parties, even though a written agreement is not required by Florida law.  Written agreements enable consistent construction and better protect the rights of the parties. Generally, contracts may be either written or verbal. Florida, like every jurisdiction in the United States, has laws requiring […]

The executory period is the period of time in a real estate transaction between the signing of the contract for sale and the closing of the property.  A key consideration during the executory period of any real estate transaction is which party bears the physical risk of loss of the property.  It is important to […]

The business judgment rule has been traditionally applied to protect corporate directors from personal liability.  However, the presumption of correctness provided to directors under this rule is limited in nature under Florida law. In Florida, the business judgment rule has been codified in Florida Statutes 607.0830(1), which reads:   A director shall discharge his or […]

Adverse possession is a legal doctrine under which a person may gain ownership rights in a parcel of real property by occupying that parcel for a set period of time. It operates as an inverse of the statute of limitations that applies to an action in ejectment, a civil action that allows a landowner to […]

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