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Real Estate Buyer Ordered to Pay $84,000 in Attorney’s Fees After South Florida Real Estate Transaction Goes South

Fort Lauderdale Real Estate Litigation Attorney

A real estate purchaser who said they were deceived about the condition and quality of a commercial real estate property now faces nearly a hundred thousand dollars in legal costs after a business real estate transaction went south. 

In the judgment, Florida Holding 4800 LLC was ordered to pay $84,200 in legal fees to the seller of the commercial property in the real estate dispute, Lauderhill Mall Investment. Although Florida Holding 4800 LLC initially brought forth legal action against Lauderhill Mall Investment for being misled about the property, the case has ended with the buyer paying more than they would have if they’d never brought forward a claim. 

The Florida Fourth District Court of Appeal delivered more disappointing news for Florida Holding 4800 LLC, ruling that Lauderhill Mall Investment has the right to seek the reimbursement of appellate fees. This means Lauderhill Mall Investment can sue again for the legal costs they incurred during the process of appealing the case. 

When Do Courts Award Attorney’s Fees? 

Attorneys’ fees will sometimes be awarded by the courts in certain cases. Although this does not happen too often, it can occur in situations where the court believes one of the parties knowingly acted in bad faith. 

This bad faith conduct can take the form of actions taken during the course of litigation or behavior that led to the filing of the lawsuit. In these cases, the court can order one party to pay the legal costs of the other.

Involved In Palm Beach Real Estate Litigation? Get Experienced Legal Help 

Our South Florida real estate litigation firm offers outstanding advocacy for our clients in all forms of real estate mediation, arbitration, and litigation. Our devoted team is here to help you with a wide variety of real estate related legal matters, from purchasing and selling to more complex issues like the one above. 

Since real estate litigation in Palm Beach can be particularly complex, you need a team of seasoned lawyers who not only understand legal procedures related to real estate disputes, but also who are familiar with county, state, and federal courts. It’s also important to have a team of legal advocates who have consistently handled complex real estate matters like yours on a daily basis.

Contact Feinstein Real Estate Litigation & Business Law today to learn more about how you can benefit from the expertise of a veteran Palm Beach real estate litigation lawyer, or to schedule your consultation. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | May 28, 2021 | Real Estate Litigation

In Illegal Gate Dispute, Palm Beach Code Board Extends Time to Obtain Permit by 60 Days

Fort Lauderdale Business Disputes

The owners of the home at 1071 N. Ocean Boulevard have been granted an extension of 60 days to secure a permit for a 5-foot beach entry gate that was unlawfully built in 2020. The Palm Beach Code Enforcement Board claims that a permit was never obtained for the gate and are requiring that one be secured now. 

According to public records, the police department first approached the owner about the beach gate on Aug. 4, 2020 and ordered them to secure all required paperwork and permits by Aug. 18, which they failed to do.

On April 15th, the Palm Beach Code Enforcement Board decided to allow the builder of the gate, Reiwa LLC, more time to have the signatures notarized of all neighboring Orange Grove Road property owners who previously consented to the gate being constructed. 

However, according to Zoning Manager Paul Castro, the problem is more than just notarizing the signatures. According to him, a restriction in the agreement of two property titles from 1941 would need to be changed in order for the beach access gate to be permitted in the walkway. To do that, the wording of the agreement must be revised, as it currently states there should be no obstacle in the way of the 3-foot walkway.

Another legal contract to amend the restrictive covenant must be signed, and it must be registered in Palm Beach County public records to grant a permit before that. 

Maura Ziska, a real estate attorney who represents Reiwa LLC, disagreed with Castro’s assessment of the legal matter.

Ziska suggests her client established compliance by obtaining the permission of Orange Grove Road property owners prior to building the gate. She argues that this  is sufficient for the town to grant a permit. 

Despite this, the board unilaterally voted that if all permit conditions fail to be met by June 14, 2021, Reiwa LLC would be fined for the gate, retroactive to February when it was originally constructed. This decision could impact potential future cases in Palm Beach for properties with beach access.

Are You Involved In a Real Estate Dispute? 

Michael L. Feinstein, P.A. is well versed in legal cases involving property ownership and local, state, or federal governments. We will guide you through the legal process and  support you through the resolution of contract conflicts and other real estate disputes. 

Call now for your initial consultation to discuss your case at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

By : admin | May 4, 2021 | Contract Disputes