The Fourth District Court of Appeal Reversed a Non-Final Order Denying Defendant’s Motion to Compel Arbitration
Heller v. Blue Aerospace, LLC, 4D12-992 (Fla. 4th DCA 2013): Zell Global (“Zell”) and Blue Aerospace (“Team Blue”) entered into a contract where Zell would render financial consulting services in connection with the potential sale of Team Blue’s assets or equity. Team Blue sold the majority of its assets but refused to pay Zell fees […]
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 […]
Florida Supreme Court Decision: Arbitration and the Statute of Limitations
Recently, the Florida Supreme Court concluded that the Legislature intended to subject arbitration proceedings to the statute of limitations. An arbitration proceeding is an “action” broadly defined in § 95.011 to encompass any “civil action or proceeding,” including arbitration proceedings. Raymond James Financial Services, Inc. v. Barbara J. Phillips, SC11-2513 (Fla. May 16, 2013). The […]
Keys to a Successful Luxury Real Estate Transaction: Part II
Part II: Be Prepared for Closing After luxury real estate attorneys have reviewed the contract, a checklist of items required for the sale can help prepare for closing. Some of the most important items on a checklist may include title information, conditions regarding the property, financing, closing documents, and dates. Closing does not have to […]
Florida Officer-Director Liability for Business Torts
Generally, a director or officer of a corporation does not incur personal liability for [the corporation’s] torts merely by reason of his official character; he is not liable for torts committed by or for the corporation unless he has participated in the wrong. Indeed, Florida courts have found that it is well established that an […]
Keys to a Successful Luxury Real Estate Transaction: Part I
Part I: Have an Experienced Real Estate Attorney Review the Contract Mistakes in real estate contracts can cause major issues. A proper review of the contract can provide useful information to the parties involved. One of the first steps that should be taken to help a real estate transaction run as smoothly as possible is […]
Landmark Florida Supreme Court Decision: Florida’s Economic Loss Rule
In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., the Florida Supreme Court held, in a five-to-two decision, that the economic loss rule is limited to products liability cases. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc., 2013 WL 828003 (Fla. Mar. 7, 2013). The case came to the Florida Supreme […]
Negotiating Exclusive Right of Sale Listing Contract Using a Real Estate Law Firm
The most common listing contract in Florida is the exclusive right of sale. An exclusive right of sale listing contract entitles a broker to compensation if the property is sold through the efforts of any party including the owner. Any sale during the term of the listing will cause the owner to be liable to […]
Luxury Real Estate Buyers Seek Waterfront Properties
South Florida is a top luxury real estate market. The Sun-Sentinel reported that last year Broward County posted 464 sales of homes and condos valued at $1 million or more and Palm Beach County had 791 sales of $1 million-plus properties. Additionally, Miami was recently ranked No. 8 among top luxury real estate markets globally […]
The Relation Back Doctrine
The relation back doctrine set forth in Florida Rule of Civil Procedure 1.190(c) provides that an amended pleading relates back to the date of the original pleading when it arises “out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading…” The rule allows amendments to relate […]
