Part 1 of the How to avoid real estate disputes in Florida series
For almost one hundred years in Florida, real estate has been considered a business and lawsuits over real estate have even been addressed on the business litigation board certification exam. While many people purchase a home in which to live, many others buy for investment either in their name or through a business entity, which may also involve several investors. Properly structuring a business for such investment is as important a step just as with a business that intends to sell a service or product and is a service that the Law Office of David Steinfeld regularly offers.
Disputes over the purchase and sale of real estate, real estate contracts, and rentals concerning landlords and tenants are matters that the Law Office of David Steinfeld regularly addresses, but closings and title work are not within the expertise of the Firm and referrals are commonly provided to local attorneys who do that type of work. Chapter 83 of Florida’s Statutes is the Landlord-Tenant Act and provides the obligations applicable to landlords in residential tenancies. However, the obligations of landlords and tenants in commercial rentals is largely governed by the terms of their written lease. The Law Office of David Steinfeld reviews commercial leases to assist and guide businesses in renting space for their operations.
Common real estate disputes in Florida – Part 3: How do you avoid trouble when buying or selling commercial real estate
Due diligence is critical in commercial real estate transactions
Because the concept of buyer beware applies to commercial real estate transactions in Florida, due diligence is crucial and rests on the shoulders of the buyer. The Law Office of David Steinfeld guides both buyers and sellers in structuring certain aspects of commercial real estate transactions. Depending on the property, due diligence may include reviews of rent rolls and the operation of a business or businesses on the property or it may focus more on the condition of the property itself.
Who should I use for due diligence
Helping the purchaser bring together a qualified team of professionals, such as accountants and property inspectors, is a value that the Law Office of David Steinfeld can bring to the proverbial team in addition to reviewing purchase and sale agreements. Florida law requires that real estate sales occur under written contracts, but unlike residential transactions that largely now use form documents approved by the Florida Board of Realtors known as FarBar contracts, such standard contracts are rare in commercial transactions.
Thus, having an expert business litigator like David Steinfeld who has experience litigating breaches of commercial real estate contracts is of great benefit to parties that intend to buy or sell commercial real estate in Florida.
About the Author
David Steinfeld is a Board Certified expert in Florida business law. He has been practicing for almost 25 years. He is rated AV-Preeminent, Best Lawyers in America-U.S. News & World Report, a Florida Super Lawyer, and Florida Legal Elite. Dave received Martindale’s prestigious Judicial Award for high reviews by Judges, its Platinum Client Champion Award and has a 10.0-Superb rating on AVVO and a 10.0 rating on Justia.
The Palm Beach Business Lawyer Blog