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: 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: 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: 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…
Daniel Pascale By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL As the amount of South Florida real estate transactions continue to reach new records, real estate brokers and agents find themselves in more and more commission disagreements. As such, we thought it would be…
By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL What is FIRPTA? The Foreign Investment in U.S. Real Property Tax Act of 1980 (“FIRPTA”) was enacted to ensure that foreign investors are taxed on the gains from the disposition of their U.S. real property investments. …
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Estate by entirety. A deed was to an undivided 98 percent interest and H and W, husband and wife, as to an undivided two percent interest, creates an estate by the entirety in the two percent…
By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Florida Statute 689.071 creates an entity known as a Florida Land Trust. A Florida Land Trust is a device by which real estate is conveyed to a trustee under an arrangement reserving for the beneficiaries the…