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Schecter Law

Posts Tagged ‘real estate’

Commercial lease agreements explained

August 24th, 2011

By Mark Schecter | Comments Off

So, you’ve found an appealing piece of real estate to rent for your business.

The location seems perfect – convenient for both your customers and employees – and the terms proposed by the landlord are more than fair, right?

Before you make any commitments, make sure you fully understand what lease agreements are and how they work.

A commercial lease is a legally binding and enforceable contract that specifies the terms of the arrangement between you and the landlord.

When you execute a lease, you are agreeing to pay rent (usually monthly) to use all or a portion of the property to conduct business, among other things.

Lease Terms

The terms of a commercial lease will vary from property to property and landlord to landlord.

Utility bills are included in the rental amount under some agreements. In others, you have to pay the utilities each month in addition to your rent.

The same is true for repairs, alterations, and use of the property. The landlord may be responsible for all repairs, but you will likely have to cover the costs associated with any alterations to the space.

As for use, the lease may include clauses that prohibit you from storing certain types of materials and/or using a particular portion of the property.

Read the lease carefully. Understand all of the terms and how they will affect the way your business operates before you offer your signature.

Lease Duration

Most commercial leases are long-term agreements; others cover a shorter period of time. A year-to-year arrangement is considered a periodic tenancy and will automatically renew at the end of each year.

If the lease covers a specific time period (i.e. January 1, 2011 to January 1, 2015) and no other agreements between you and the landlord exist, the lease will terminate on the last day of occupancy.

Commercial leases are complex and binding contracts, and should not be taken lightly. Hire an attorney to negotiate the best terms possible and prepare an ironclad agreement that you are comfortable executing.

Want to learn more about using contracts that protect your business? Grab a complimentary copy of our digital guide – Business Contracts Basics: What Every Florida Business Owner Must Know About Contracts.

Simply enter your full name and primary email address, click the “Send my Guide!” button below, and check your inbox for access to your guide right away.

When Real Estate Brokers Are Entitled to Commission

October 13th, 2010

By Mark Schecter | No Comments »

broker-commissionEven when there is no contract involved, a Florida real estate broker can be entitled to a commission fee if he is considered the procuring cause of a sale.

In my last blog article, we discussed court decisions that have set the standard for proving a procuring cause of sale.

For instance, in Sanson v. Dutcher, et al the court said “For a broker to be considered the procuring cause of a sale, he must have brought the purchaser and seller together and the sale consummated as a result of continuous negotiations conducted by the broker.”

Today, let’s look at the 1944 case that seems to have birthed the procuring cause of sale doctrine in Florida.

Birth of the Procuring Cause of Sale Doctrine

In Taylor vs. Dorsey, a real estate broker was hired by a property owner to secure a buyer that was ready and willing to purchase. The broker carried out his duties by finding a willing buyer. The buyer submitted an offer to the property owner and it was accepted. But before the closing date, the seller (who initially accepted the offer) decided to pull out of the deal.

The broker filed a lawsuit seeking a commission from the seller for securing the buyer, although the actual closing on the property never took place.

The Supreme Court of Florida heard the case and ruled that the property owner was obligated to pay a commission to the broker he hired. The fact that the owner pulled out of the deal before the closing took place did not matter as he’d already accepted the buyer’s offer.

The court explained its decision in two parts:

1) A seller can reject an offer that is presented by the buyer the broker secured. But if he (the seller) decides to accept the buyer’s offer, he must pay the broker’s fee; and

2) If the broker is responsible for bringing the buyer and seller together through continuous negotiations by the broker, he cannot be denied commission after the seller decides to reconsider the terms of an offer he has already accepted.

The Taylor case gives brokers a chance to collect a commission when an offer has been accepted, but the terms are reconsidered and the closing that never happens.

Involved in a dispute over real estate commissions? Email our Fort Lauderdale real estate attorneys or give us a call at 954-779-7009.

Elements of Fraud Claims in Florida

August 25th, 2010

By Mark Schecter | 1 Comment »

fraud elementsMuch has been said about mortgage fraud in recent months, especially with Florida holding the second highest rate in the nation.

But fraudulent actions are not limited to mortgages and are occurring everyday throughout the real estate market.

One of the most common incidents of fraud is when a seller misrepresents a property or fails to disclose important information to the home buyer, which usually causes a financial loss to the latter party.

If you have experienced this, you may have a cause of action against the defrauder – but there are certain elements you must satisfy first.

The elements of a fraud claim, established in Huffstetler v. Our Home Life Ins. Co., 67 Fla. 324, 65 So. 1 (1914), are:

(1) a false statement must be made concerning a material fact;

(2) the seller had (or should have had) knowledge that the representation was false;

(3) an intention that the representation induces another to act on it; and

(4) an injury to the acting party (homebuyer) relying on the representation.

In Johnson vs. Davis, 480 So. 2d 625, 627 (Fla. 1985), Davis entered into a contract to buy the Johnsons’ home for more than $300,000. Davis paid $5000, the first installment of the deposit, and agreed to pay the second installment of $26,000.

They Davis family later noticed a problem with the home’s roof. And after further investigation, they came to realize the roof was more problematic than the Johnsons mentioned before.

Davis filed a lawsuit against the Johnsons asking to rescind the contract to purchase, and for return of the deposit payments.

The court held that a seller has a duty to disclose when he or she knows of facts that affect the value of the home, and those facts are not readily observable. The court also upheld the Huffstetler decision which sets the standard needed to establish a claim of fraud.

If you (or your business) has been injured due to the fraudulent actions of another person, use this form to contact our Florida business lawyers, or give us a call at (954) 779-7009.

Condominium Deposit Recovery

February 19th, 2009

By Mark Schecter | No Comments »

Living and owning property in the state of Florida can be a real treat for people, especially if they have been dreaming of doing so for quite some time. Condominium complexes are common throughout the state of Florida and new construction is being built every day. After agreeing to a contract with a developer or a realtor to purchase a condominium, potential buyers can still walk away from the contract and receive some or all of their condominium deposit back from the contractor or current owner of the condo.

The ILSFDA, or the Interstate Land Sales Full Disclosure Act, places the burden of full disclosure of real property on developers. The Act also protects buyers from any practices of fraud in the state of Florida. If a developer is charged with fraud then they face civil liability charges for making false or misleading promises to potential buyers. The ILSFDA was created to protect buyers from a long waiting period between signing a contract with a developer or seller and the actual closing date of the sale. Many condominium buyers in the state of Florida have had to wait at least three years in between signing a contract and getting to the closing date.

We at Schecter Law are proud to serve the citizens of the state of Florida in any practice of law, especially the area of condominium deposit recovery. We have received the highest AV rating by Martindale-Hubbell and the rating is even more significant because it is voted on by our peers in the industry.