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 […]

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. Perez (“Plaintiffs”) sought review of the trial court’s dismissal with prejudice of their real estate transaction lawsuit against Leviev Boymelgreen Marquis Developers (“Defendant”) on the grounds that the lawsuit was filed outside the four-year statute […]

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 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 […]

Alternative Dispute Resolution: Arbitration

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 […]

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 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, […]