Ipso Facto clauses are provisions in a contract providing that a party to the contract will be in default in the event of insolvency or due to the party’s financial condition. These provisions can cause headaches and heartburn, particularly when a party—or parties—are entering into bankruptcy proceedings. This blog will explain the limits of ipso
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Understanding the Florida Land Trust Act: When and When Not to Use a Land Trust
Florida’s real estate landscape is dynamic and, at times, complex. One tool that real estate attorneys are often asked about and property owners often consider is the Florida Land Trust, governed by the Florida Land Trust Act, Sec. 689.071, Florida Statutes. This blog serves as an introduction to what a land trust is, explores the…
National Association of Realtors Settlement and its Effect on the Real Estate Industry
If you have been paying attention to the news lately, you have likely seen stories surrounding a major shakeup with real estate commissions stemming from a settlement in a prominent federal lawsuit. On March 15th, a settlement was agreed on between the National Association of Realtors (“NAR”) and the U.S. Department of Justice (“DOJ”) who…
What are a Landlord’s Rights When Facing a Human Rights Complaint from HUD or a Subsidiary?
It is not uncommon for residential tenants to find themselves at a disadvantage when entering a lease agreement and renting residential property from a landlord. Often, the tenant is not sophisticated in real estate law or the relevant laws of the jurisdiction governing landlords and tenants. Additionally, in the past, landlords were not prohibited from…
Changes to the Bert Harris Act – When Government Action Devalues Your Property
The Bert Harris Act was enacted in 1995 by the Florida Legislature in response to concerns that governmental regulations and actions could unfairly diminish the value of private property without providing just compensation to the property owners. See Section 70.001, Florida Statutes. The Act addresses situations that may not rise to the level of a…
Beware of the Pitfalls When Using Boilerplate Real Estate Contracts
In the complex realm of residential and commercial real estate transactions, the importance of a well-crafted customized contract cannot be overstated. However, the convenience and seemingly time-saving allure of boilerplate real estate contracts have led many real estate agents and buyers and sellers to neglect the inherent pitfalls associated with their use. While these template…
The Clean Water Act is Substantially Restricted by the Supreme Court’s Decision in Sackett v. EPA
A ruling in 2023 by the U.S. Supreme Court (SCOTUS) in Sackett v. Environmental Protection Agency (the “EPA”) has enormous ramifications for the health of the nation’s waterways. In fact, it would not be hyperbole to call Sackett the most important water-related Supreme Court decision in a generation. A majority of the justices used the…
Navigating Earnest Money Binder Disputes in Failed Deals
Purchasing a home is one of the most important—and stressful—purchases a consumer makes. Oftentimes, the process is long, tedious, and nerve-racking. For first-time homebuyers, there are a lot of unknowns, and for sellers, there is much to consider to protect oneself and get the best money for your investment. Unfortunately, many times, sales fall through…
Buyer’s Agent’s Real Estate Commissions Could be in Jeopardy in a New Decision in Federal Court
Recently, a federal jury in the Middle District of Missouri found the National Association of Realtors (“NAR”) and two major real estate brokerages—Keller Willams and HomeServices of America—liable under United States antitrust laws for conspiring to fix prices in the class action lawsuit, Burnett v. NAR, et al. Specifically, the jury found that the Defendants…
Maximizing Compensation for Temporary Construction Easements (TCEs) in Florida
Temporary Construction Easements (TCEs) are integral aspects of eminent domain construction projects throughout Florida. Property owners facing the taking and negotiation of a TCE must navigate a complex landscape to ensure they receive full compensation. In this article, we will:
- Discuss approaching the valuation of a TCE.
- Shed light on why TCEs are crucial for
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