Category Archives: Business of Real Estate

New court decision affects Florida foreclosures

The Fourth DCA recently ruled that liens recorded after a lis pendens, but prior to a foreclosure sale, are discharged. CONTINUE READING...

5 things to consider when deciding whether to include an arbitration clause in a real estate contract

Many types of contracts require the parties to submit their disputes to arbitration. For example, arbitration clauses are common in consumer agreements, such as car leases and gym memberships. While a consumer can negotiate certain terms, like price, most of the provisions are not negotiable. While the consumer may be stuck arbitrating, commercial parties often negotiate every last term of their agreements. This includes whether to require the parties to arbitrate their disputes or take them to court. There are advantages to each, so here are five things to consider when deciding whether to include an arbitration clause in a real estate contract, such as a purchase and sale agreement or lease. CONTINUE READING...

If I drop my FDUTPA claim because I realize I can’t prove actual damages, am I still liable for the defendant’s attorney’s fees?

Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”) prohibits unfair, deceptive, and unconscionable actors or practices in the conduct of any trade or commerce—including the purchase and sale of real estate. CONTINUE READING...

Why many manager removal provisions are doomed to fail

Even well-drafted partnership and operating agreements often relegate one key topic to boilerplate language: how to remove a manager of the business when the partners disagree on how it is being run. CONTINUE READING...