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Real Estate Attorney Fort Lauderdale: Why Experience Matters for Your Property

Las Olas Breach of Contract Attorney

Your Insider Guide To South Florida Real Estate Contract Disputes

Can I Sue My Employer for Salary Delays in Florida?

Understanding the Role of a Creditor’s Rights Lawyer: Protecting Your Interests

5 Things You Should Know Before Signing a Long-Term Business Contract in Florida

What Are the 5 Fiduciary Duties?

What Are the 4 Elements of a Contract Breach Lawsuit

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

What Legal Problems Might I Face When I Work With a Mortgage Lender?

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Fort Lauderdale Phone954-767-9662

Real Estate Attorney Fort Lauderdale: Why Experience Matters for Your Property

Real estate attorney's desk with contract, clipboard, and glasses representing property closing paperwork in Fort Lauderdale

Real Estate Attorney Fort Lauderdale: Why Experience Matters for Your Property

When you’re buying or selling property in Fort Lauderdale, working with a real estate attorney Fort Lauderdale can make the difference between a smooth transaction and an expensive mistake. An experienced Fort Lauderdale real estate lawyer understands the local market, the unique paperwork, and the small details that can cause big problems. They handle everything from closings and contract reviews to resolving disputes, so you can focus on your new home or investment. From reviewing contracts to ensuring clear title, hiring a real estate attorney Fort Lauderdale helps protect your investment and your rights from day one.

What Does a Fort Lauderdale Real Estate Attorney Do?

Here are some of the key services a local attorney provides during your transaction:

Service Why It Matters
Contract Review & Drafting Ensures purchase agreements, leases and other documents reflect your interests and comply with Florida law.
Title Examination Identifies liens or title defects before closing to prevent future disputes.
Closing Coordination Manages the signing, funding and recording process so your transaction is executed correctly.
Dispute Resolution Represents you in negotiations, mediation or litigation if conflicts arise during the transaction.
Investment & Development Advice Offers guidance on structuring deals, zoning, and land-use issues for commercial or residential projects.

Why Experience and Local Knowledge Matter

In real estate, small details can turn into costly problems. An attorney who has handled hundreds of deals in Fort Lauderdale understands local ordinances, common title issues and how to avoid them. The Broward County Clerk of Courts notes that its County Civil/Small Claims department handles disputes under $50,000 and that representation isn’t required, but for more complex matters you should seek legal advice. Having an attorney by your side ensures that you make informed decisions and that someone is watching out for your rights.

Experience also means knowing how to navigate Florida’s unique laws. The Department of Business and Professional Regulation (DBPR) investigates and punishes license violations, and a seasoned lawyer helps you avoid working with unlicensed or unethical parties. Because Fort Lauderdale real estate values can be high, the cost of a mistake often outweighs the investment in competent legal counsel.

When Should You Hire a Real Estate Attorney?

A good rule of thumb is to involve an attorney anytime significant money or legal risk is involved. Common scenarios include:

  • Property Closings: A lawyer coordinates the closing, reviews the settlement statement and ensures that funds are properly disbursed.
  • Contract Drafting and Review: Whether you’re signing a purchase agreement, lease or partnership agreement, an attorney ensures the language protects your interests.
  • Title or Boundary Disputes: If a neighbor claims part of your yard or a title search uncovers a lien, an attorney can help resolve the issue.
  • Landlord–Tenant Issues: Evictions, lease enforcement and deposit disputes often require legal expertise; the Broward Clerk’s office notes that you may choose to seek legal advice for complex matters.
  • Investment and Development Projects: Attorneys advise on zoning, permitting, financing and structuring deals to minimize risk.

How to Choose the Right Fort Lauderdale Real Estate Attorney

Not all attorneys offer the same level of service. When selecting counsel, consider the following:

  • Experience & Track Record: Look for someone who has handled transactions similar to yours and who knows Fort Lauderdale’s neighborhoods and regulations.
  • Licensing & Discipline: Verify the attorney’s license through the DBPR. The department investigates license law violations and can revoke or suspend licenses.
  • Communication: Choose an attorney who explains things clearly, answers your questions and keeps you informed throughout the process.
  • Fee Structure: Ask about hourly rates, flat fees or contingent arrangements so there are no surprises.
  • Local Reputation: A lawyer with strong ties to Broward County courts and real estate professionals can often resolve issues more efficiently.

The City of Jacksonville suggests checking your closing documents for a survey and contacting your closing attorney if one is missing—another example of why having knowledgeable counsel is useful.

Real Estate Attorney vs. Title Company

Title companies handle the paperwork and insurance for closings, but they cannot give legal advice. They prepare documents and ensure that funds change hands. A real estate attorney, however, represents your interests, can modify contract terms, and advocates for you if a dispute arises. If something goes wrong, an attorney can negotiate, file claims or defend you in court. Many clients choose to hire both—a title company to manage the mechanics of closing and a lawyer to ensure the transaction protects them.

Frequently Asked Questions

Q1: Do I need a real estate attorney to close on a property in Florida?
You are not legally required to hire a lawyer, but closings involve significant money and legal obligations. An attorney reviews contracts, explains your rights and handles issues like title defects. This extra layer of protection can prevent costly mistakes.

Q2: What does a real estate attorney do during a closing?
They coordinate the signing of documents, ensure the deed and mortgage are prepared correctly, review the settlement statement, and confirm that funds are transferred to the right parties. They also resolve last-minute issues so the deal closes on schedule.

Q3: Can a real estate attorney help with landlord–tenant disputes?
Yes. Attorneys handle evictions, lease enforcement, deposit disputes and other issues. The Broward County Clerk’s office notes that while you can represent yourself in small claims, you may want a lawyer for more complex cases.

Q4: How do I verify a lawyer’s license?
You can look up a lawyer’s license and disciplinary history through the Florida DBPR website, which investigates complaints and enforces license laws.

Q5: What should I bring to my first consultation?
Bring any purchase agreements, leases, surveys, closing statements and correspondence related to your transaction. Having these documents allows your attorney to assess the situation and provide targeted advice.

If you’re preparing for a closing, facing a dispute or planning an investment, Feinstein Real Estate Litigation and Business Law is here to help. Our Fort Lauderdale real estate contract attorneys have deep knowledge of local law and decades of experience. Learn more about our founding attorney Michael L. Feinstein or why clients trust us, and contact us today to protect your property and your rights.

By : Michael Feinstein | August 6, 2025 | Business Litigation

Las Olas Breach of Contract Attorney

Las Olas Breach of Contract Attorney near me

Las Olas Breach of Contract Attorney Services

Addressing Breach of Contract Issues in Las Olas: Legal Insights and Solutions

Contracts are the foundation of business operations, establishing clear expectations and obligations between parties. When a breaches of contract occurs, it can disrupt your business and lead to significant financial and legal consequences. Feinstein Real Estate Litigation & Business Law, located in the heart of Las Olas, Fort Lauderdale, and our breach of contract attorneys specialize in handling these cases, providing the expertise and dedication needed to resolve these disputes effectively.

Understanding Breach of Contract

A breach of contract occurs when one party fails to fulfill their obligations under the terms of the agreement. This can take several forms, including:

  • Non-performance: The party fails to perform the agreed-upon action.
  • Partial performance: The party performs only part of their obligations.
  • Anticipatory breach: The party indicates they will not perform their obligations in the future.

Key Strategies for Resolving Breach of Contract Disputes

  1. Thorough Contract Review
    • Conducting a detailed review of the contract to understand its terms and conditions.
    • Identifying any ambiguities or potential defenses that may impact the case.
  2. Documentation and Evidence Gathering
    • Collecting all relevant documentation, such as emails, correspondence, and records of performance.
    • Preserving evidence that supports your claim of breach and the resulting damages.
  3. Negotiation and Mediation
    • Exploring opportunities for negotiation and mediation to resolve the dispute without litigation.
    • Utilizing skilled negotiators to achieve a settlement that protects your interests.
  4. Litigation and Legal Representation
    • Aggressively representing your interests in court to enforce the contract terms and seek damages.
    • Handling all stages of litigation, from filing the complaint to trial and appeal if necessary.

The Role of a Breach of Contract Attorney

A breach of contract attorney plays a vital role in guiding businesses through these disputes. At Feinstein Real Estate Litigation & Business Law, our attorneys offer:

  • Expert Legal Advice: Providing clear and actionable legal advice tailored to the specifics of your case.
  • Strategic Representation: Representing clients in negotiations, mediations, and court proceedings with a focus on achieving the best possible outcome.
  • Comprehensive Support: Managing all aspects of the case, from initial assessment to final resolution.

Las Olas Breach of Contract Attorney Frequently Asked Questions

  • What constitutes a breach of contract?
    • A breach of contract occurs when one party fails to fulfill their obligations under the terms of the contract, whether through non-performance, partial performance, or anticipatory breach.
  • How can I prove a breach of contract?
    • To prove a breach of contract, you must show that a valid contract exists, you performed your obligations, the other party failed to perform, and you suffered damages as a result.
  • What remedies are available for a breach of contract?
    • Remedies may include compensatory damages, specific performance, rescission, and restitution.
  • How long do I have to file a breach of contract lawsuit?
    • In Florida, the statute of limitations for written contracts is five years, and for oral contracts, it is four years from the date of the breach.
  • Can a breach of contract be resolved out of court?
    • Yes, many breaches of contract can be resolved through negotiation, mediation, or arbitration, which can save time and legal costs.

Las Olas Breach of Contract Attorney Local Resources 

Having access to local resources can be invaluable when dealing with breach of contract disputes. Here are some key resources in the Las Olas area:

Get Help From A Las Olas Breach of Contract Attorney

Addressing breach of contract issues requires a strategic approach and the expertise of seasoned legal professionals. Feinstein Real Estate Litigation & Business Law is dedicated to providing exceptional legal representation and tailored solutions for businesses facing breach of contract disputes in Las Olas. Contact us today to schedule a consultation and learn how we can assist with your legal needs. Call 954-767-9662

By : admin | August 2, 2024 | Contract Disputes

Your Insider Guide To South Florida Real Estate Contract Disputes

Florida-Real-Estate-Contract-Disputes-Lawyer

Florida Real Estate Contract Disputes

Real estate transactions in Florida are subject to their own set of challenges, with real estate contract disputes being among the most prevalent issues faced by buyers, sellers, and real estate professionals alike. These disputes often stem from misunderstandings or disagreements regarding the terms of a real estate contract. Let’s explore the nature of real estate contract disputes in Florida, providing insights on how to prevent and resolve such disagreements effectively and learning from a trusted Real Estate Ligitaion attorney.

How Common Are Florida Real Estate Contract Disputes in Florida?

Real estate contract disputes are relatively common in Florida’s real estate market. The state’s attractive real estate landscape, from the bustling urban areas to serene waterfront properties, creates a competitive environment ripe for misunderstandings and contractual disagreements.

The complexity of transactions, combined with Florida’s specific legal stipulations regarding real estate, can often lead to disputes that range from minor misunderstandings to significant legal confrontations. These issues underscore the importance of detailed contracts, clear communication, and the guidance of experienced legal professionals.

What Triggers Real Estate Contract Disputes in Florida?

Florida-Real-Estate-Contract Disputes-Attorney

Several factors contribute to the prevalence of Florida Real Estate contract disputes:

Ambiguities in Contract Language

Unclear terms or vague language in real estate contracts can lead to differing interpretations by the parties involved, resulting in disputes over the contract’s intent and provisions.

Failure to Fulfill Contractual Obligations

Disagreements often arise when one party perceives that the other has failed to meet their obligations under the contract, whether it be related to property condition, closing timelines, or financial terms.

Discrepancies Over Property Disclosures

Sellers are required to disclose known defects or issues with the property. Disputes can occur when buyers believe that not all issues were disclosed or were inadequately described.

Strategies for Preventing Real Estate Contract Disputes

Implementing certain strategies can help prevent many of the disputes that arise during real estate transactions:

Draft Clear and Detailed Contracts

Ensuring that all terms, conditions, and obligations are clearly defined and detailed in the contract can prevent many disputes from arising.

Open and Honest Communication

Maintaining transparent communication between all parties throughout the transaction process can help clarify expectations and prevent misunderstandings.

Utilize Professional Real Estate Attorneys

Engaging a Florida real estate attorney to review or draft contracts can provide an additional layer of security and understanding, ensuring that all legal requirements are met and reducing the likelihood of disputes.

Resolving Real Estate Contract Disputes

When disputes arise, there are several paths to resolution:

Negotiation and Reconciliation

  • Often, disputes can be resolved through direct negotiation between the parties, potentially with the assistance of their respective attorneys.

Mediation

  • Mediation involves a neutral third party who helps facilitate a mutually acceptable resolution to the dispute without the need for litigation.

Arbitration or Litigation

  • In cases where negotiation and mediation fail, arbitration or litigation may be necessary. These processes involve a more formal resolution method, potentially leading to a binding decision.

Seeking Expert Legal Assistance in Florida

Given the complexities of Florida’s real estate market and the potential for contract disputes, having the support of an experienced real estate attorney is invaluable. An attorney can offer guidance on contract drafting, dispute prevention, and resolution strategies tailored to Florida’s specific legal landscape.

Feinstein Law: Your Partner in Resolving Florida Real Estate Contract Disputes

Navigating the intricacies of real estate contract disputes in Florida demands a proactive approach, detailed contracts, and the guidance of experienced legal professionals. By understanding the common causes and effective resolution strategies, parties can safeguard their interests in Florida’s competitive real estate market.

Call Michael L. Feinstein For Immediate Assistance

If you’re navigating a real estate contract dispute in Florida or wish to proactively address potential issues, Feinstein Law is here to offer expert advice and support. Reach out to our team to ensure your real estate transactions are secure and dispute-free. Let us help you resolve Florida’s real estate contracts with confidence.

By : admin | February 15, 2024 | Contract Disputes

Can I Sue My Employer for Salary Delays in Florida?

Miami Corporate Litigation Lawyer

Many issues spring up in workplaces between employers and their employees, and one of these inevitable issues is employers delaying employees’ salaries. Different suggestions and questions usually pop up during this period. However, you must know some things to sue your employer for salary delays in Florida.

Florida law provides that an unpaid employee may bring a claim in civil court. The law further states that such an employee may recover court costs and attorney fees. The U.S. Department of Labor (DOL) says once the regular payday for the last day an employee worked has passed and the salary is still delayed, such an employee can reach out to the Department of Labor.

Employees’ wages include pay-per-hour, salary, commissions, and other related income. Employees can go after their employers if there is a delay in their salary by filing a lawsuit in the following ways.

1. File A Lawsuit for Delayed Salary

An employee can file a lawsuit for a delayed salary based on the amount the employer owes. An employee can bring a claim for delayed salary in small court claims in Florida (note that this said salary should not be more than $8k, besides the attorney’s fees, interest, and other costs).

An employee can also take his claim to a country or circuit court. Upon a successful claim, an employee may recover an attorney’s fees. Note that an employee has just 24 months to file a delayed salary in Florida.

2. File A Lawsuit for Violating the Minimum Wage

The Fair Labor Standards Act (FLSA) or Florida Minimum Wage Act (FMWA) stipulates the minimum amount an employee can be paid for executing services to his employer.

Such an employee may also be compensated for delayed salary or minimum wage. However, an employee has 24 months to file a claim or 36 months to violate the law willfully.

3. File A Lawsuit for Civil Theft

Florida law provides that a worker can claim civil theft against an employer if he delays his salary or does not pay when due. However, an employee must tender a written notice of claim, allowing the employee to pay the delayed salary within a month.

Another ground you can file a lawsuit against an employer who delays salary is by filing a complaint under any county wage-theft ordinance.

Conclusion

While Florida has laws for employers and employees regarding unpaid salaries, the state also provides minimum wage for employees. Since the law governs both employers and employees, an employee can sue his employer if he fails to pay salary at the stipulated date under state and federal law.

You can contact a law attorney to help you evaluate your potential delayed salary claims against a current or past employer.

By : admin | May 25, 2023 | Contract Disputes

Understanding the Role of a Creditor’s Rights Lawyer: Protecting Your Interests

Creditors play a crucial role in the intricate world of finance and business transactions by providing credit to people and companies. However, creditors run the danger of suffering a financial loss in the unfortunate case of non-payment or default. This is where a creditor’s rights attorney can help, acting as a dependable legal partner to protect the rights of creditors. In this article, we’ll examine the vital function of a creditor’s rights attorney and how they defend creditors’ rights. We will also draw attention to the qualifications and standing of Michael L. Feinstein’s Feinstein Real Estate Litigation & Business Law.

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I. The Importance of Creditor’s Rights Protection

  • Understanding the concept of creditor’s rights and their significance in financial transactions
  • Exploring the risks faced by creditors in extending credit
  • Highlighting the need for legal expertise to safeguard creditor’s interests

II. The Role of a Creditor’s Rights Lawyer

A. Negotiating and Drafting Credit Agreements

  • Explaining the importance of well-drafted credit agreements to protect creditor’s rights
  • Ensuring that credit agreements include necessary provisions, such as interest rates, repayment terms, and collateral
  • Utilizing legal expertise to negotiate favorable terms for creditors

B. Debt Collection Strategies

  • Discussing effective debt collection methods employed by Creditor’s Rights lawyers
  • Analyzing the legal options available to creditors, such as demand letters, liens, and foreclosure
  • Highlighting the importance of compliance with debt collection laws and regulations

C. Representing Creditors in Bankruptcy Proceedings

  • Outlining the Role of a Creditor’s Rights Lawyer in bankruptcy cases
  • Explaining the impact of bankruptcy on creditor’s rights and available legal remedies
  • Discussing the process of filing proofs of claim and representing creditors in bankruptcy court

III. Feinstein Real Estate Litigation & Business Law: Protecting Creditor’s Rights

A. Introduction to Feinstein Real Estate Litigation & Business Law

  • Highlighting the expertise and experience of attorney Michael L. Feinstein
  • Discussing the firm’s specialization in creditor’s rights and business law
  • Emphasizing the firm’s commitment to client success and personalized legal representation

B. Track Record of Success

  • Sharing notable case studies where Feinstein Real Estate Litigation & Business Law successfully protected creditor’s rights
  • Highlighting favorable outcomes achieved for clients in debt collection and bankruptcy cases
  • Showcasing testimonials and client feedback to reinforce the firm’s reputation

C. Comprehensive Legal Services for Creditors

  • Describing the range of services provided by Feinstein Real Estate Litigation & Business Law
  • Discussing the firm’s expertise in negotiating credit agreements, debt collection, and bankruptcy representation
  • Emphasizing the firm’s tailored approach to meet the unique needs of each client

Conclusion:

Protecting creditors’ rights is crucial in the fast-paced world of finance and business to ensure financial stability and reduce risks. Through tactical legal advice, negotiation, and advocacy, a creditor’s rights attorney is essential to protecting creditors’ interests. Under the direction of Michael L. Feinstein, Feinstein Real Estate Litigation & Company Law is a reputable name recognized for its knowledge of creditors’ rights and company law. Creditors can efficiently navigate the complex legal environment and defend their interests by selecting the correct creditor’s rights attorney.

By : admin | May 24, 2023 | Contract Disputes

5 Things You Should Know Before Signing a Long-Term Business Contract in Florida

Fort Lauderdale Breach Of Contract

The enthusiasm for signing a contract can be overwhelming, especially if it comes with a considerable sum of money or a juicy business opportunity. Indeed, contracts are the groundwork of modern commercial business relationships. Therefore, there are higher chances that a business or relationship founded on a properly executed agreement will be easy to thrive, regardless of the situation.

Business owners usually fall into a common trap regarding contracts by being too quick to sign without reading them correctly. Contracts can be an excellent way to make more money and strengthen relationships, but they could end in trouble if either party fails to do certain things before signing. And by the time you realize, saving yourself or your business may not be possible.

Here are five things you should know before signing a long-term business contract in Florida.

1. Read Each Word to Understand

One of the greatest mistakes you can make about contracts is signing them without reading them carefully. Contracts are drafted with legal language and are not always your regular business slogans. There are two reliable ways to solve this issue.

First, familiarize yourself with the legal terms of languages. Secondly, hire a lawyer to help you interpret terms. Always remember that when you sign without reading the contracts, you are already bound to the terms and conditions, regardless of the content.

2. Don’t Be in A Hurry to Sign a Contract

Delaying your signature isn’t a crime. Only sign a contract if you understand a word or clause. The small clause you need help comprehending can become a more significant issue at the execution stage.

Consider discussing such a clause with someone who understands. Alternatively, you may hire the services of a law practitioner to help you interpret terms. A delayed signature buys you more time to help you negotiate and fetch you the contract’s benefits.

3. Talk to Professionals for Advice

As mentioned earlier, complex parts of a contract require legal support. However, getting professional advice from lawyers, arbitrators, and mediators will go a long way. Professionals can help you sort out challenging terms.

Although expenses will come along with their services, it is better to avoid issues paying some amount of money than face long-term repercussions.

4. Understand Your Business Rights and Obligations

Contracts are based on the rights and obligations of both parties. It preserves the rights of both parties.

Therefore, both parties have their respective obligations toward each other. Ensure to know your rights and obligations in a contract before signing it.

5. Write It Down!

Contracts go beyond oral promises. Only sign a contract after getting it into writing. Verbal promises such as salary increases are easy to violate or deny.

Hence, you must always write it in the contract. Failure to do so means you can’t legally enforce your claim. Signing a contract without legal definition is worthless.

Conclusion

Contracts are one the most sensitive and irreversible documents. Hence, it requires utmost patience before you sign. If you think you need help, hire a legal practitioner to help you out. Only sign a contract you understand.

By : admin | April 15, 2023 | Contract Disputes

What Are the 5 Fiduciary Duties?

Business Disputes In Miami

When a person owes fiduciary duty to another person, they are called a fiduciary and are typically responsible for the management of that person’s assets or money. Their duties can be broken down into 5 separate, distinct, and yet yet equally important responsibilities. 

Failure to meet one’s fiduciary duty when managing the assets or finances of another person may be legally actionable. Here’s what to know and where to get legal support. 

1. The Duty of Care 

Fiduciaries have a specific duty of care, which means they must commit to acting in good faith, being honest, and to exercise reasonable care in the completion of their tasks. 

2. The Duty of Loyalty 

Fiduciaries have a duty of loyalty to their principals. They must put their principal’s financial interests ahead of their own and make decisions based on the best interests of their principals

For example, if an investment manager decided to invest in a particular stock that might benefit him more than his client, the investment manager may be held accountable for breach of fiduciary duty. 

3. The Duty of Confidentiality 

Fiduciaries are required to maintain confidentiality about the financial dealings of their principals. They may not disclose information that isn’t already public or that they have not been given express permission to share. Confidentiality must not be compromised at any point in the fiduciary relationship. 

4. The Duty of Accounting  

Fiduciaries must use industry-standard, appropriate accounting methods to track all of their principal’s financial transactions. A fiduciary has the responsibility of ensuring that all transactions made in the name of the principal are lawful and to ensure that the principal’s assets are safeguarded and properly accounted for.

5. The Duty of Obedience 

Fiduciaries must act in accordance with guidelines set forth by their principals. For example, the treasurer of an association or organization must adhere to the rules and bylaws established by the organization, even if the fiduciary disagrees with them. 

Get Help With Breach of Fiduciary Duty & Other Business Litigation Matters 

If you believe you may have been impacted by a breach of fiduciary duty, don’t hesitate to reach out to Feinstein Real Estate Litigation & Business Law. We have the skills and experience needed to represent all types of cases, including high-net worth and contentious business litigation. Call now for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

By : admin | September 15, 2021 | Contract Disputes

What Are the 4 Elements of a Contract Breach Lawsuit

In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together. 

1. Prove That a Contract Even Exists 

First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance. 

2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To 

Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances. 

3. Establish That the Other Party Did Not Meet Their Contractual Obligations 

Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to. 

4. Establish That The Other Party’s Breach Of Contract Caused You Damages 

The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered. 

When Should You Contact an Attorney for Legal Representation? 

If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Feinstein Real Estate Litigation & Business Law for a consultation at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

By : admin | August 5, 2021 | Contract Disputes

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

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

What Legal Problems Might I Face When I Work With a Mortgage Lender?

Orlando Contract Disputes

When you enter into a mortgage with a lender, you enter into a legally binding contract. In doing so, you assume that the mortgage lender you’ve selected is acting in good faith. However, this may not be the case. Here are some potential legal problems you could face when you work with a mortgage lender and what you can do to protect your interests if you run into trouble. 

Discrimination 

A mortgage lender is not able to legally discriminate against individuals applying for mortgage funding based on protected criteria like gender, race, religion, culture, or sexual preference. Mortgage lenders are bound by the same discrimination restrictions as are found in the Equal Credit Opportunity Act and the Fair Housing Act. 

Predatory Lending Practices 

A mortgage lender may target a particularly susceptible group of buyers and offer them unreasonable lending terms, often without properly educating or advising potential borrowers of the fine print. For example, a lender may advertise bad or no credit home loans or a home loan with $0 down payment, but neglect to inform the borrower of balloon payments three years into the contract or an absurdly high interest rate. 

Mortgage Fraud 

Many people mistakenly believe that the majority of mortgage fraud is committed by consumers who falsify information on their mortgage applications in hopes of being approved or getting a better interest rate. However, mortgage lenders can falsify financial documents as well and may do so if they’ve sold your mortgage to another lender without informing you. 

Foreclosure 

If you struggle to make your house payments on time, you may be issued a notice of intent to foreclose from your mortgage lender, often a bank or other financial institution. This means that the lender is bringing legal action against you to resume ownership of the home due to nonpayment. 

Homeowners have a few options to defend their families and homes against foreclosure, but it requires the help of a seasoned real estate litigation attorney. The initial stages of a foreclosure can buy you enough time to get caught up on your mortgage payments, after which you can move to have the foreclosure dismissed. 

Get Experienced Real Estate Litigation Support Today 

Before you sign on the dotted line of a home loan, it’s important to understand your legal rights and how to best protect them. Mortgages put a significant amount of money on the line, and you need someone strictly in your corner. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami).

By : admin | November 16, 2020 | Contract Disputes
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