By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL CORRECTING A FORECLOSURE JUDGMENT The Court considered whether Florida’s Rule of Civil Procedure allowing for corrections of “clerical mistakes,” encompasses authorization to supplement a final deficiency judgment by clarifying the party defendants’ status in the litigation…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL In determining the reasonableness in time of a postterm restrictive covenant (a.k.a. a non compete agreement) not predicated upon the protection of trade secrets, a court must apply the following rebuttable presumptions: In the case of…
By: Alejandro E. Jordan, JD Investing in NNN Triple Net Leased Commercial Real Estate Properties Not all real estate investors are created equal. A large number of them simply are looking to place their hard-earned money into a safe haven to avoid the often unpredictable nature of the financial market.…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL It’s important to know that when you purchase a tax deed in Florida, that the title to the property is not immediately insurable and is not considered legally marketable. In fact, if a tax deed has…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Courts have traditionally viewed noncompete agreements with disfavor, believing that the agreements contravene public policy. The agreements were seen as unfair restraints on trade and in response, the common law prohibited the use of such agreements.…
By: Alejandro E. Jordan, Esq. Commercial Real Estate – Terms & Definitions Availability Rate: The ratio of available space to total rentable space, calculated by dividing the total available square feet by the total rentable square feet. Available Space: The total amount of space that is currently being marketed as…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Joint property ownership is a partnership at its core. Partnerships are great tools to save money, promote economies of scale, and better utilize resources. However, in situations where more than one party owns property, decision-making may…
By: Alejandro E. Jordan, Esq. Total Industrial inventory in the Miami-Dade County market area amounted to 229,374,658 square feet in 8,790 buildings as of the end of the second quarter 2014. The Flex sector consisted of 16,908,307 square feet in 600 projects. The Warehouse sector consisted of 212,466,351 square feet…
By: Alejandro E. Jordan, Esq. The Jumpstart Our Business Startups Act, known as the Jobs Act, has changed the way to raise money from groups of investors to purchase commercial and investment real estate properties. Many forget that raising money from multiple investors is often viewed as selling “securities” and…
By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Pursuant to Florida’s Commercial Real Estate Sales Commission Lien Act, a commercial broker has a lien upon the owner’s net proceeds from the sale of commercial real estate for any commission earned by the broker under a…