Just months prior to the pandemic, the title and legal industry made some tremendous strides toward virtual closings. Florida’s remote online notarization (“RON”) law, passed in July 2019, went into effect January 1, 2020. Normally, new technology takes time to implement; however, lockdown/quarantine requirements allowed...
Upon the emergence of the COVID-19 pandemic in Florida, Gov. Ron DeSantis issued Executive Order 20-52 on March 9, 2020, and declared a state of emergency for the entire State of Florida. In addition, Gov. DeSantis entered Executive Order 20-94 on April 2, 2019. Per the...
Q: As a Realtor, can I be sued for damages occurring in or to a property that I’m showing? As all real estate professionals know, it’s difficult to predict what bumps in the road may arise while a property is being marketed for sale. Even in...
Two years ago, my wife and I sold our house of 23 years and decided to downsize. We thought we would rent for a year and figure out what we wanted to do. I had an accident, so one year became two and she (not...
This month’s Attorney Spotlight introduces you to Business Litigation Practice Group Shareholder Hugo V. Alvarez. Mr. Alvarez has successfully worked on a large volume of cases with significant financial exposure. Fortune 500 companies, prominent real estate developers, municipalities, insurance companies, hotels, financial institutions, condominium/homeowner’s associations and general...
Q: As a realtor, how do I know what I’m allowed to do myself, and what I need to hire an attorney to do? A: Real estate professionals often have questions about what might constitute the unlicensed practice of law – commonly known as UPL –...
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...