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Category: Commercial Real Estate Contracts

Florida Mortgage Law: Receiverships

When a lender seeks to foreclose a property, it may be advantageous to have a receiver appointed by the court.…

Florida Mortgage Law: Assignment of Rents

In Florida, there are several types of security that a mortgagee can negotiate and obtain with respect to a mortgage…

Lack of Factual Detail in Record Raised Issues Concerning Statute of Limitations in Real Estate Transaction Lawsuit

In Xavier v. Leviev Boymelgreen Marquis Developers, LLC, 3D11-549(Fla. 3d DCA, Nov. 21, 2012), Maiko A. Xavier and Gricell B.…

The Importance of Contract Language

The language used in a contract is what governs the relationship between the contracting parties. In a lawsuit, the court…

Alternative Dispute Resolution: Arbitration

With the rising popularity of alternative dispute resolution, more contractual agreements are including mandatory arbitration clauses. In response, courts have…

Contract Rescission: “As-Is” Clauses and Misrepresentation

While there are some similarities between the buying and selling of residential real estate and the buying and selling of…