Types of Listing Contracts for Brokers
There are different types of listing contracts that may be entered by luxury real estate brokers. In Florida, the most common listing contract is an exclusive right of sale. The exclusive right of sale gives brokers the best chance for a return on expenses incurred trying to sell a home. An exclusive agency listing or […]
The Litigation Privilege Applied to Malicious Prosecution
Wolfe v. Foreman, 3D10-3055 (Fla. 3d DCA 2013): The issue in this appeal was whether the litigation privilege, which protects actions taken in the course of and related to a judicial proceeding from civil liability, applies to causes of action for: (1) abuse of process; and (2) malicious prosecution. The law is clear that the […]
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, […]
Fourth District Concludes that Proposal for Settlement was Valid
Alamo Financing, L.P. v. Mazoff, 4D11-3097 (Fla. 4th DCA 2013): Mazoff filed a lawsuit seeking damages from Alamo Financing and Paola Alvarado-Fernandez. Alamo Financing owned the vehicle rented by Alamo Rental Inc. to Fernandez. Fernandez struck an overturned vehicle, which then struck Mazoff and injured him. Alamo Financing served a proposal for settlement on Mazoff, […]
Affirmed: No Authority to Transfer Interest in a Limited Common Element
Sinatra v. Bussel, 2D12-1031 (Fla. 2d DCA 2013): The Sinatras and Mr. Balog purchased separate condominium units from the Bussels. Both believed that they had purchased a dock and boat slip as part of their individual transactions. The Second District affirmed the trial court’s determination that as a matter of law the Bussels did not […]
Setting Aside a Judicial Foreclosure Sale
Arsali v. Chase Home Finance LLC, SC12-600 (Fla. July 11, 2013): The Florida Supreme Court approved the results of the Fourth District’s decision in Arsali v. Chase Home Finance, LLC, 79 So. 3d 845 (Fla. 4th DCA 2012) to the extent the decision affirmed the judgments of the trial court. The Florida Supreme Court restated […]
Governor Scott Signs Mortgage Foreclosure Bill
On June 7, 2013, Gov. Rick Scott signed HB 87 ("Bill"). With Scott’s signature, the Bill became effective. The Legislature intends for this Bill to help expedite the foreclosure process. Supporters of the Bill believe it addresses the problem of blighted neighborhoods from vacant properties locked in foreclosure litigation, cases becoming log jammed in the […]
Implied Warranties Apply to Improvements that Provide Essential Services
Maronda Homes, Inc. v. Lakeview Reserve, SC10-2292 (Fla. July 11, 2013): The Florida Supreme Court agreed with the Fifth District that the law of implied warranties of fitness and merchantability apply to improvements that provide essential services to the habitability of a residence. Even though the infrastructure improvements in a subdivision may not be physically […]
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 […]
Right to Inspect Corporate Financial Records
Omes v. Ultra Enterprises, Inc., 3D12-814 (Fla. 3d DCA 2013): The legal issue analyzed by the Third District Court of Appeal (“3d DCA”) was whether a corporation or LLC that fails to maintain an accounting record specified to be accessible to shareholders can be ordered to either (a) prepare and provide such a record, or […]
