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Business & Legal Matters for 40 Years

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 […]

Bill to Reduce the Sales Tax on Commercial Leases

Senate Bill 176 has been filed by Sen. Dorothy L. Hukill (R-Port Orange). If passed by the Florida Legislature and signed by Gov. Rick Scott, the Bill would reduce the sales tax on commercial leases. A similar bill (HB 11) was filed by Rep. Greg Steube (R-Sarasota) in the House in August.

Types of Deeds in Real Estate Transactions

Deeds are used to convey title to real estate. An important aspect of a real estate transaction is the type of deed being used. The type of deed being used determines the warranties the grantee is receiving from the grantor. The three types of deeds used in Florida include general warranty deeds, special warranty deeds, […]

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 […]