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Monthly Archives: July 2014

Florida’s Civil Theft Statute

July 31, 2014 Professional Services Industry Legal Blog

By

James O. Birr, III

Florida’s Civil Theft statute is an attractive claim to many plaintiffs because, if successful, it allows recovery of treble damages and attorney fees. See 772.11 of the Florida Statutes. Civil theft claims can be asserted by individuals and businesses alike, and are meant to create civil liability for criminal practices that are violations of 812.012-812.037 or 825.103(1) of the Florida Statutes (i.e. crimes of theft, robbery, and exploitation of elderly persons). A party contemplating asserting a civil theft claim under Florida law must be aware of its nuances and pleading a proof requirements before asserting the claim.

Legal Actions the Buyer of Real Property can Bring When a Seller Breaches a Real Estate Sales Contract

July 22, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

In a prior post, this blog discussed the legal claims a seller of real estate can bring against a buyer when that buyer breaches the real estate sales contract. A buyer, on the other hand, also has various legal and equitable claims against the seller of real estate when the seller is unable to convey marketable title or if the seller has a duty to disclose certain defects but fails to make those disclosures. When the seller breaches, the buyer’s claims will largely depend upon the terms of the sales contract, along with the buyer’s underlying goals. This blog post will describe the various legal actions that buyers of real estate can bring against a seller when that seller breaches the real estate sales contract.

A Seller’s Disclosure Obligations When Entering Into a Real Estate Sales Contract

July 16, 2014 Real Estate Development, Sales and Leasing Industry Legal Blog

Before entering into a contract to sell a piece of real estate to a prospective buyer, a seller is obligated to disclose certain things to the buyer. When the seller fails to make those proper disclosures, the buyer has available several legal and equitable remedies that he or she can bring against that seller. This is because, under Florida law, a seller’s failure to disclose certain conditions is considered a breach of the real estate sales contract. But a seller does not always have a duty to disclose, meaning the buyer is still subject to the doctrine of caveat emptor in some situations. This blog post discusses when the seller of real estate is under a duty to disclose, what the seller is required to disclose and under what circumstances the seller has no obligation to disclose.

Good News for Design-Build Contractors: Design-Build Contracts do not Have to Identify a Licensed Architect

July 15, 2014 Construction Industry Legal Blog

In Florida, design-build contracts do not need to identify a licensed architect . This rule was clarified in the recent case of first impression, Diaz & Russell Corporation, et al. v. Dept. of Business and Professional Regulation, 2014 Fla. App. LEXIS 8113, No. 3D13-1764 (Fla. 3d DCA May 28, 2014). An exception in Section 481.229(3), Florida Statutes, allows contractors to “negotiate” design-build contracts, so long as the negotiating contractor is neither offering to render, nor actually rendering, the architectural services of the project.

Construction Design Malpractice Actions in Florida: Which Limitation Period Applies?

July 7, 2014 Construction Industry Legal Blog

Design Professionals, such as architects and engineers, may be subject to malpractice actions arising from their performance of professional services.  The Florida statute of limitations for professional malpractice claims is two years. Unlike other professionals in Florida, design professionals may also be subject to causes of action arising from services […]

Condo Associations Must Thoroughly Review Lender’s Documents Before Conceding That Lender is Entitled to First Mortgagee Protection Under Fla. Statute 718.116(1)(b)

July 3, 2014 Community Association Industry Legal Blog

A crucial section of the Florida Condominium Act, which directly and significantly affects the assessment revenue and yearly budget for all associations, is Section 718.116(1)(b), Florida Statutes.  That section has become known as the first mortgagee’s “safe harbor protection” because it limits the financial liability of a first mortgagee, or […]

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