Trade Fixtures Removed by Tenant
H. Allen Homes, Inc. and Henry Allen Holmes v. Jim Molter, Inc., 4D13-217 (Fla. 4th DCA 2013): This appeal arose from a landlord-tenant dispute involving commercial real estate. The tenant removed its trade fixtures when it vacated the leased premises after the parties’ lease contract expired. For this reason, the landlord retained the security deposit. […]
Avoiding Real Estate Brokerage Disputes in South Florida
The South Florida real estate market is continuing to thrive. Unfortunately, the numerous real estate transactions taking place will likely result in some real estate brokerage disputes. Some brokers may have difficulty collecting on their brokerage agreements. Others may be sued by a client that believes the broker did something wrong. Our Fort Lauderdale real […]
Commercial Real Estate Development – SkyRise Miami
Real estate Developer Jeff Berkowitz has plans for a 1,000 foot high tower in downtown Miami. The tower, SkyRise Miami, would be located behind Bayside Marketplace. The tower would be the tallest building in Florida. While the tower still has to go through the permit process, the FAA has already approved the building height. Additionally, […]
Construction Defect Claims
Construction is taking place all over South Florida. Looking around Brickell, Downtown Miami, and Fort Lauderdale you will undoubtedly spot cranes working on various projects. With all of the construction, there are likely to be instances of construction related litigation. One particular area of construction litigation is construction defects. Our experienced Fort Lauderdale law firm […]
Contractors and Florida Construction Liens
Anyone who works on your property or provides materials, and is not fully compensated, may have a right to enforce a claim for payment against your property. Construction liens are foreclosed in the same method as mortgages; however, there are differences. Construction liens must be based on actual improvements made to the property, the lien […]
Breach of Contract Disputes
To prove the existence of a contract under Florida law, a plaintiff must plead: (1) offer; (2) acceptance; (3) consideration; and (4) sufficient specification of the essential terms. A breach of contract is a legal cause of action where the contract is not honored by a party to the agreement. A party filing a breach […]
High-End Home Flipping Increases
A Florida Realtors news article discussed RealtyTrac’s Q3 2013 Home Flipping Report. The Report indicated that Florida was second in the nation in third quarter home flips with 4,706. Only California had more with 8,592. The Report considered a home “flipped” where it was purchased and subsequently sold again within six months.
Fourth District Reversed Dismissal of a Mechanic’s Lien Claim
Marble Unlimited, Inc. v. Weston Real Estate Inv. Corp., 4D11-3113 (Fla. 4th DCA 2013): Marble Unlimited, Inc. (“Marble”) is a granite countertop subcontractor. In 2003, Marble contracted with Weston Real Estate Investment Corporation (“Weston Investment”) to renovate buildings within a condominium complex. Marble completed renovations on the contracted buildings and received payment. In August 2006, […]
Title Insurance in Florida
Florida Statute §624.608 defines title insurance as “[i]nsurance of owners of real property or others having an interest in real property or contractual interest derived therefrom, or liens or encumbrances on real property, against loss by encumbrance, or defective titles, or invalidity, or adverse claim to title.” Our Ft. Lauderdale real estate law firm provides […]
Condo Association Failed to Lay Proper Foundation for Admitting Ledgers into Evidence
Yang v. Sebastian Lakes Condominium Ass’n, 4D12-3363 and 4D12-3364 (Fla. 4th DCA 2013): This appeal focused on the business record exception to the hearsay rule. Two condo owners appealed a final judgment of foreclosure on the condo association’s liens for assessed maintenance fees. The association’s attorney sent letters to condo owners notifying them of overdue […]
