Notice of Commercial Lease Termination

Lougas v. Sophia Enterprises, Inc., 4D12-2355 (Fla. 4th DCA 2013): The Appellant contested the court’s final judgment in favor of the Landlord. The Appellant asserted that the Landlord terminated the Lease and any legal obligations by sending a notice of termination. The Appellant had entered into a five-year commercial lease with the Landlord. The Lease […]

South Florida Commercial Property Leasing Update

The South Florida Business Journal reported that over 3.6 million square feet of leases in South Florida commercial properties are set to expire over the next 12 months. Included in the 3.6 million square feet is 1.91 million for retail, 1.15 million for office, and 484,225 for industrial. South Florida is home to approximately 40% […]

Involve Real Estate Attorneys for Successful Construction Projects

Disputes often arise over the course of a large construction project. Fortunately, luxury real estate attorneys know how to minimize risk and the likelihood of disputes. Involving attorneys can be the key to a successful project. A large construction project will involve several contracts and must take into account both state and federal laws. Disputes […]

The Basics of Option Contracts

An option contract is an agreement to keep open an offer to sell or lease real property for a fixed period of time. The optionor grants a prospective buyer (“optionee”) the exclusive right to buy or lease a property within a fixed period for a specified price and terms. The optionee is protected from the […]

What Are Essential Provisions Relating To Commercial Leases?

When signing a commercial lease, it is essential to understand and agree to all of the provisions. Provisions are usually designed to favor the landlord; however, a landlord may be willing to negotiate. Experienced luxury real estate attorneys should be consulted before entering a commercial lease. Here are a few essential provisions that should be […]

Commercial Real Estate Transactions – Caveat Emptor

While seller disclosure requirements have become a part of residential real estate transactions, caveat emptor still applies to commercial real estate transactions in Florida. Caveat emptor is Latin for let the buyer beware. It is a warning to the purchaser that he is assuming the risk that the property might be either defective or unsuitable […]

Good and Marketable Title in Real Property Contracts

A seller has an implied obligation to convey a good and marketable title in an agreement for the sale of real property unless there is a provision stating otherwise. A good and marketable title is one that is free from encumbrances. An encumbrance is any right or interest in land held by someone other than […]

The Importance of a Title Examination When Acquiring Real Estate

The South Florida housing market is recovering after taking a big hit during the 2006 housing crisis. According to the Case-Shiller Home Price Index released January 30, prices in Palm Beach, Broward, and Miami-Dade counties rose 0.8 percent from October and 9.9 percent from a year earlier. It was the 11th consecutive month that prices […]

Florida Mortgage Law: Receiverships

When a lender seeks to foreclose a property, it may be advantageous to have a receiver appointed by the court. A receiver’s responsibilities are to take custody of, manage, and preserve property. In deciding whether or not to appoint a receiver, the court will balance the owner’s right to own and possess the property and […]

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 loan secured by real property.  One such security can include the rentals that are generated from the real property itself.  A mortgage or separate instrument can provide for an assignment of rents of real property […]