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...
The long-term effects of the COVID-19 global pandemic should boost demand for industrial and logistics focused real estate in Florida and throughout the country in large part because of the following reasons: Acceleration of E-Commerce: Even as the country slowly re-opens, many believe that consumer...
Property owners have often found that improving their property to make them more energy efficient or wind resistant is expensive. However, our legislators authorized Property Assessed Clean Energy (PACE) programs to help homeowners finance the cost of those home improvements. PACE programs are specifically designed to assist both...
There are many critical parts to a residential real estate transaction that must fall into place in order for the closing to take place smoothly and on time. The first time home purchaser or novice residential real estate investor may not understand what goes on...