The Most Common Real Estate Disputes by a South Florida Real Property Litigation Lawyer: Part 2 of 2

Below are a few more of the most common real estate disputes that can occur. If you find yourself involved in these real estate disputes or others, don’t hesitate to call a skilled South Florida real property litigation lawyer immediately to guarantee that your best interests are represented. Zoning disputes Zoning disputes can arise when […]

Real Estate Lawyers Perform Title Examinations

Title examination is a key component to a real estate transaction. A proper examination ensures the property is fit for sale. A Fort Lauderdale title examination & insurance attorney can perform a title examination for a real estate transaction. Title examination occurs while a property is under contract. The examination should discover any encumbrances that […]

Residential Real Estate Disclosures in South Florida Area

The doctrine of caveat emptor was the rule of law governing disputes from the sale of residential real property. Seller’s disclosures were not required. The seller of real property was not liable or responsible to the buyer for a defective condition in the real property that existed at the time the seller transferred possession to […]

Trade Fixtures Removed by Tenant

H. Allen Homes, Inc. and Henry Allen Holmes v. Jim Molter, Inc., 4D13-217 (Fla. 4th DCA 2013): This appeal arose from a landlord-tenant dispute involving commercial real estate. The tenant removed its trade fixtures when it vacated the leased premises after the parties’ lease contract expired. For this reason, the landlord retained the security deposit. […]

Commercial Real Estate Development – SkyRise Miami

Real estate Developer Jeff Berkowitz has plans for a 1,000 foot high tower in downtown Miami. The tower, SkyRise Miami, would be located behind Bayside Marketplace. The tower would be the tallest building in Florida. While the tower still has to go through the permit process, the FAA has already approved the building height. Additionally, […]

Title Insurance in Florida

Florida Statute §624.608 defines title insurance as “[i]nsurance of owners of real property or others having an interest in real property or contractual interest derived therefrom, or liens or encumbrances on real property, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title.” Our Ft. Lauderdale real estate law firm provides […]

Integration Clause Leads to Commercial Dispute

AGBL Enterprises, LLC v. Girlcook, Inc., 96 So.3d 1058 (Fla. 4th DCA 2012): AGBL Enterprises (“Lessor”) leased a commercial building in a shopping plaza to be used as a full service restaurant to Girlcook (“Lessee”). The lease contained an integration clause that stated, “[T]he entire agreement between the Lessor and Lessee consists solely of the […]

Clear and Unambiguous Easement Provisions Lead to Reversal

Casino Investment, Inc. v. Palm Springs Mile Associates, Ltd., 3D12-2257 (Fla. 3d DCA 2013): Casino appealed a partial final summary judgment entered in favor of Palm Springs which permanently enjoined Casino from constructing a building on its own property. In 1993, Palm Springs created and recorded a Declaration of Easement covering their entire Shopping Center […]

Third District Denies Title Insurance Claim

Village Carver Phase I, LLC v. Fidelity Nat’l Title Ins. Co, 3D12-166 (Fla. 3d DCA 2013): Village Carver sought recovery under an owner’s policy of title insurance for losses associated with the demolition and redesign of a portion of an affordable housing project on which was unearthed an abandoned cemetery and human remains during the […]

Real Estate Broker Rebates Benefit Consumers

Brokerage commissions should be established by a written listing agreement between the seller and their listing broker. The commission split between listing broker and cooperating brokers in the event of a buyer’s default, or in the event of closing, should also be established by writings between the licensees involved. Additionally, whether commercial or luxury residential […]