
Contracts. The business of real estate in Florida is driven by contracts. Purchases, sales, loans of all types, construction and leases are all activities which are borne from a contractual relationship between two or more parties. The quality of the drafting of these documents is absolutely crucial. It is critical at the outset of a Florida real estate transaction that the drafting is done right and that as many possible issues imaginable are addressed in the document…whether the scenario involves a developer negotiating with a municipality, a couple going through a divorce in West Palm Beach, FL, who are ready to enter into a contract with a ready, willing and able buyer, or a builder negotiating bids with subcontractors. The language in contracts must be precise and it must reflect intentions clearly. The talent we offer in the area of drafting and negotiation is first rate. It is due to years of our own first hand experience in the Palm Beach County real estate investment and development business that we inherently understand the critical nature of the contract function, and how it is the nucleus of the Florida real estate transaction.
Closings and Title Searches. In addition to our Florida real estate clients, this is a service we are proud to offer our Palm Beach County divorce clients. Due to the inherent crossover of legal issues in Florida divorce and Florida real estate, many times there is property to be sold at the time of divorce. Additionally, each party involved in a Florida divorce occasionally has the need to purchase new separate properties. We represent both buyers and sellers in closing transactions, and conduct the necessary title searches.
Land Use/Zoning. Both residential and commercial land is zoned in all areas of Palm Beach County for specific uses; when construction is planned and the current municipal zoning is in conflict with the developer’s intended use, problems arise for the developer. For our Florida real estate clients, we conduct due diligence and land use studies which enable them to assess development options and run financial models in order to define goals for real estate development projects.
Construction Litigation. Litigation surrounding Florida construction typically stems from negligence, although claims for breach of warranty, breach of contract also falls under the auspices of Florida construction litigation. Negligent acts may be committed by a contractor or against a contractor, or by or against a subcontractor. Usually it is a tort occurring that the wrongdoer intentionally committed, or knew or should have known was being committed against another person. Florida construction defect actions may arise when what is commonly known as “shoddy” work is done by a contractor, and the homeowner is left to deal with expensive out-of-pocket repairs. Liens are legal instruments that are recorded by the Clerk of Court as a debt against a property, and may be instituted by a licensed contractor against a property owner for failure to pay monies for work done. Commonly referred to as a “mechanics’ lien”, this type of lien travels with the title of the property. In other words, when a Palm Beach County property owner intends to sell his or her property and there has been a lien recorded that went unchallenged, this lien must be paid and extinguished, otherwise the property in Palm Beach County cannot be conveyed with marketable title. Once filed against a Palm Beach County property owner, a construction lien may be legally contested and litigated.
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