Broker’s Entitlement to Commission

Real estate brokers are employed by property sellers to assist in finding a purchaser or producing a sale. The terms of the broker’s employment may be outlined in a listing agreement. The listing agreement indicates what a broker must do in order to receive a commission. Once the broker either finds a purchaser or produces […]

The Law of Procuring Cause – Introduction

BROKER’S COMMISSIONS AND PROCURING CAUSE A real estate broker is entitled to a commission if there is a brokerage agreement or if the broker is the “procuring cause.”  Procuring cause is a method to entitle a broker to a commission if certain conditions are fulfilled.  See Allenby & Associates, Inc. v. Crown St. Vincent, Ltd., […]

Real Estate Brokerage Agreements and the Statute of Frauds

Real estate brokerage agreements should be written and signed by all parties, even though a written agreement is not required by Florida law.  Written agreements enable consistent construction and better protect the rights of the parties. Generally, contracts may be either written or verbal. Florida, like every jurisdiction in the United States, has laws requiring […]

Risk of Loss During the Executory Period

The executory period is the period of time in a real estate transaction between the signing of the contract for sale and the closing of the property.  A key consideration during the executory period of any real estate transaction is which party bears the physical risk of loss of the property.  It is important to […]

South Florida Real Estate Litigation – Adverse Possession

Adverse possession is a legal doctrine under which a person may gain ownership rights in a parcel of real property by occupying that parcel for a set period of time. It operates as an inverse of the statute of limitations that applies to an action in ejectment, a civil action that allows a landowner to […]

Restrictive Covenant Drafting and Enforceability

A party seeking to convey an interest in real property may desire to place a restrictive covenant on the interest, creating a legal obligation in the person or entity receiving the interest to either perform or refrain from performing certain actions.  Such a covenant may already operate on the property, inasmuch as they frequently “run […]

Florida Real Estate Litigation – Eminent Domain and its Limitations

Eminent Domain in Florida Fundamentally, eminent domain describes the power of the state to seize private property without the owner’s consent.  The property must be taken for some "public use" (utilities, highways, schools, or parks, for example), and under the 5th Amendment, “just compensation” is required to be paid to the property owner.  The power […]

Florida Real Estate Litigation – Easements under Florida Law

At its most basic, an easement is a property interest in real property (land) that allows the easement holder to use another’s property for a limited use. For example, imagine you are the owner of property A, which adjoins property B, as well as a public road. The owner of property B cannot reach the […]

Due Process and Wetland Designations – Supreme Court Sides with Property Owners

Supreme Court Allows for Judicial Review of Clean Water Act Wetlands Designations In March of this year, the Supreme Court reversed a lower court decision holding that a property owner could only challenge an EPA Compliance Order if and when the EPA brought an enforcement action seeking to impose civil and criminal penalties. Mike and […]

Housing Market Struggles To Stabilize

Data released this week showed that house prices have continued to decline for the sixth straight month overall, but there are some bright spots in the news. According to the report released by Standard and Poor/ Case Schiller Home Price Indices, the annual decline posted was 3.6 percent and 3.5 percent for the 10-city and […]