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 […]

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 […]