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$6M Palazzo Villa Condo Sells After 2 Years of Real Estate Litigation

Orlando Contract Disputes

After two years of contentious real estate litigation, the last of four Palazzo Villa condos in Palm Beach was sold for $6 million. 219 Brazilian Ave. in Midtown now belongs to a Florida limited liability company called 219 Brazilian LLC. 

A Real Estate Lawsuit Dating Back to January 2018

In January 2018, Palm Beach couple Robert and Francine Green brought a lawsuit against four companies: three of them related to ARCA U.S. Holding Corp. and the fourth, Palazzo Villas of Palm Beach Development, Inc. 

The Greens alleged that Palazzo Villas breached their contract after the couple put down a $1.4 million deposit for the condo at 219 Brazilian Ave., listed for sale in May 2016 for $7.195 million. 

In the real estate lawsuit, the Greens stated that Palazzo Villas failed to deliver the condo as promised in the contract and additionally did not refund their deposit. 

Palazzo Villas denied the allegations and countersued the Greens. Litigation continued for two years until a settlement was finally reached. 

A Confidential Settlement 

In December 2020, the claim was resolved by Palm Beach County Circuit judge James L. Martz, with neither party the winner. 

The settlement itself remained confidential, however, both the Greens’ lawsuit and the countersuit against them by Palazzo Villas were dismissed and each party is responsible for their own legal expenses. It is unclear whether the Greens were reimbursed for their $1.4 million deposit. 

It also remains unknown if the Greens did end up being the purchasers of the property through a company called 219 Brazilian LLC. The condo was sold off-market at the end of December for just $6.05 million. 

Involved in Real Estate Litigation? Feinstein Law Can Help 

Real estate litigation can be complex and drag on for months or even years, like Green vs. Palazzo Villas. It’s crucial that you have an aggressive litigator on your side who is comfortable in the courtroom and can zealously represent your best interests. Regardless of which side of the case you are on, our team can provide you with the smart legal strategies you need for success. 

Feinstein Real Estate Litigation & Business Law has extensive experience advocating for our clients in court, even against the toughest and largest legal teams. We can help you resolve your lawsuit and increase the chances that the final court order is in your favor. 

Call now for a consultation at 954-767-9662. 

By : admin | December 27, 2020 | Construction Litigation

Miami Homebuilder Sued for Millions In Holiday Fraud Lawsuit

Fort Lauderdale Real Estate Litigation Attorney

Luxury South Florida Real Estate Developer Accused of Fraudulently Doctoring Construction Invoices and Overcharging Customers 

Miami homebuilder Francisco Mendez, and his company Pioneer Inter-Development, have been sued for millions of dollars, according to a recent lawsuit filed in the Miami-Dade Circuit Court on Wednesday, December 23rd. 

Inflated Invoices

The real estate lawsuit alleges that Mendez inflated construction invoices, overcharging customers for services and overpaying subcontractors. Mendez is accused of then demanding that the subcontractors pay him the difference, allowing him to pocket the extra money collected from his real estate clients. 

Marianna Dubinsky is also named in the lawsuit, along with her companies SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. Dubinsky is accused of aiding Mendez in the fraud scheme by providing his company with the revised and inflated invoices. 

Multiple Defendants

The lawsuit names three defendants who were customers of Mendez and Pioneer Inter-Development: Ana and Patricio Cordero and Trevor Taylor. Taylor alleges that Mendez took three years to build a home that was promised to him in 12 months, all while continuing to charge him for construction services. 

The project began in 2017, and it wasn’t until the summer of this year that Taylor discovered that he had been overcharged by at least $600,000. A concrete subcontractor had received $600,000 less than Taylor paid for the service, funds that he found went to Pioneer Inter-Development and Francisco Mendez. 

Double-Billed

Taylor also discovered that he had been double-billed for the same services; once by a window subcontractor for $11,139 and again for $44,695. The invoices looked identical save for the differing amounts, however, the window provider did not have any record of the second invoice. Taylor requested a refund of the $44,695 after finding out that he was overcharged, however, Mendez refused and terminated the construction project. 

The Corderos allege that they were overcharged by $2 million or more when Pioneer Inter-Development took more than two years to make minimal progress on their custom home. The couple later discovered that specialty materials they had paid for were never ordered and instead, the funds were moved through SDG Remodeling Construction Group, VRG Remodeling Construction Corp, and Emgei Finish Services. 

At the time of writing, the plaintiffs are awaiting a hearing. An attorney for Mendez claims that he committed no wrongdoing and will pursue litigation in court. 

Real Estate Litigation

Were you or your loved ones defrauded by a Homebuilder, Developer, or Contractor? Do you need help deciphering whether or not there was a fraud?  If you have been defrauded or if your suspicions are correct, you are in the company of dozens of Floridians affected by contract and homebuilding scams each year. In the above action, the plaintiff exercised their rights to litigate the material issues in their case, you have that same right at your disposal should you choose to do so.  The allegations made in their case speak to a variety of fraud and wrongdoing on behalf of their homebuilder such as:

  • fraud
  • unjust enrichment
  • civil conspiracy

Criminal Charges In Real Estate Fraud

Under new Florida laws that were passed in July of 2019, House Bill 7125, modified Florida Statute 489.126 in such a manner that it may actually afford some homeowners/homebuyers with additional protections and avenues to pursue criminal charges against a contractor who defrauds them.

Get Help Today

If you have suffered fraud at the hands of your home builder, contractor, or developer, it is vital that you get experienced Real Estate Litigation help from an experienced real estate litigation attorney as soon as possible. Feinstein Real Estate Litigation & Business Law is recognized in the industry for its aggressive litigation skills. Call for help now: tel:954-767-9662

 

 

By : admin | December 20, 2020 | Real Estate Litigation

What Are Construction Defects and Design Negligence?

Orlando Real Estate Litigation

When you hire a company to design and build property, you expect that the finished result will be free of defects and design flaws that can impede your ability to use the building for the purposes for which it was designed. 

If this doesn’t happen, it can leave you frustrated, concerned, and unsure of what you can do to resolve the situation to ensure your investment is protected. 

Here’s what you should know about construction and design defects and how contractor negligence can be handled through litigation. 

Construction Defects Defined 

Construction defects are defects in the structure of a residential or commercial building due to errors that occurred during the building and development process. 

For example, if a contractor installed a door incorrectly that prevents you from using part of the building or poses a hazard, this is considered a construction defect. 

When Design Negligence Is the Root of the Problem 

Design defects, or design negligence, are often included under the umbrella of construction defects. These are issues with the actual design of the building rather than the execution of its development. 

For example, a designer may be held responsible for roof repair or replacement if its design prevented it from adequately protecting the building even when installed incorrectly. 

Can You Benefit From Construction Litigation? 

The American legal system provides remedies for purchasers that have suffered damages or losses as a result of a construction or design defect. You may be able to bring a lawsuit against the designer, developer, or builder of your property for financial compensation. 

If you are unable to reach an agreement with the designer or developer of your property to repair the defect(s) and compensate you for the losses you may have incurred as a result, litigation may be a viable option. 

During real estate litigation, you will bring your claim forward for a judge to determine if the defect caused you to suffer damages and if so, how the defendant should make reparations for that. 

Contact Feinstein Real Estate Litigation & Business Law Today 

At Feinstein Real Estate Litigation & Business Law, we have the experience and skills to provide you with zealous and aggressive representation in the courtroom. We’re seasoned litigators and can help ensure your best interests are represented throughout the dispute process. 

Contact us today to learn more about filing a construction defect or design negligence lawsuit or to schedule a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), 305-728-5267 (Miami).

By : admin | December 16, 2020 | Construction Litigation