The term net lease refers to a contractual agreement where, in addition to rent, a lessee pays a portion or all of the taxes, insurance fees, and maintenance costs for a property. Net leases are commonly used in commercial real estate. In the purest form...
Q: If I have to sue for payment of my brokerage commission, will I be paid for my attorneys’ fees? A: In Florida, and most jurisdictions throughout the United States, the prevailing party in a lawsuit is not automatically entitled to an award of their attorneys’...
Q: If I have to sue to get my commission paid, do I get interest on the unpaid amount? A: The Florida Statutes provide that the plaintiff in a lawsuit is entitled to judgment on the amounts being sued for, both after and potentially before a...
Q: Will the courts enforce the liquidated damages provision in my listing agreement? A: That depends on a few things. A liquidated damages provision in a listing agreement sets forth the amount of money both parties agree will be paid to the broker in the event that...
Q: What if my seller delays the closing beyond the termination date of our listing agreement just to avoid paying me my commission? First, you should make sure your listing agreement expressly protects your commission in the event the sale doesn’t close until after the listing...
Prior to July 1, 2020, some landlords and tenants did not realize their lease agreement contained a minor defect which undermined the enforceability, in whole or in part of the lease agreement itself. Leases for a term of more than one year were distinguished under...
Buying a home for the first time is exciting. While home hunting it may be easy to get blinded by the size of the swimming pool, or the spacious open layout, or the amazing backsplash on the kitchen walls to go with those new granite...
On July 31, 2020, Florida Governor Ron DeSantis issued Executive Order No. 20-181, declaring a sixty (60) day a State of Emergency in each county along Florida’s east coast ahead of Hurricane Isaias. This includes areas from Miami-Dade to Nassau counties. Section 252.363(1)(a), Florida Statutes, provides...
Do you live in a community that is planning repairs or improvements? You may not be aware, but it is often the case that in order to legally proceed you must obtain local government approval through the Planning & Zoning Board or City Commission. Whether...
Governor Extends COVID-19 State of Emergency by 60 Days – State and Local Opportunities to Extend Certain Permits May Be Available Section 252.363(1)(a), Florida Statutes, provides that certain qualifying permits and authorizations are eligible for an extension once certain States of Emergency are declared for the...