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Florida Real Estate Lawyers Blog

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Enforceability of Electronically Signed Documents

By: Daniel T. Pascale, Esq. Office Locations: Delray Beach and Coral Gables, FL On April 20, 2016, the District Court of Appeal for the Fourth District of Florida held that a copy of an electronic promissory note (e-note) was sufficient to prove the identity of the e-note’s owner and to…

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New Florida Building Laws Effective July 1, 2016

By: Daniel T. Pascale, Esq. Office Locations in Delray Beach, FL and Coral Gables, FL Florida bills effective July 1 revise some rules in Fla.’s building code, regulate private-residence elevators and authorize officials to create fumigation rules. SB 1602 creates rules for new elevators in private residences, saying they must:…

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June 2016 Florida Real Estate Case Law Updates

By: Daniel T. Pascale, Esq. Offices Located in Delray Beach, FL and Coral Gables, FL 10 SE 1st Avenue, Suite A, Second Floor, Delray Beach, FL 33444 255 Aragon Avenue, Second Floor, Coral Gables, FL 33134 Liquidated Damages Clause Enforced in Real Estate Contract San Francisco Distribution Center, LLC v.…

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May 2016 Florida Real Estate Case Law Updates

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables 10 SE 1st Avenue, Suite A, Second Floor, Delray Beach, FL 33444 255 Aragon Avenue, Second Floor, Coral Gables, FL 33134 Hayes v. Norman Harris Services, Inc., 41 Fla. L. Weekly D293 Trial Court Must Hear Homestead…

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Florida Real Estate Case Law Updates

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Lenders Standing at Foreclosure Creadon v. U.S. Bank N.A. 166 So.3d 952 (Fla. 2nd DCA 2015) The circuit court entered final judgment in favor of U.S. Bank N.A., foreclosing a mortgage encumbering property. The owners assert…

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FAQs – 1031 Exchanges (Tax Deferred Exchanges) for Commercial Real Estate

By:  Alejandro E. Jordan, JD Frequently Asked Questions (FAQs) – 1031 Exchanges (Tax Deferred Exchanges) for Commercial Real Estate Question 1:    What is the difference between a sale and an exchange?   Answer 1:        A sale is an exchange of real property for cash. An exchange is a transfer of property…

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July 2015 Florida Real Estate Case Law Updates

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Foreclosure Sale Notice Skelton v. Lyons, 157 So. 3d 471(Fla. 2d DCA 2015) Background: Debtor filed objection to foreclosure sale of property. The Circuit Court sustained the objection and set aside the foreclosure sale. Third-party purchaser…

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