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.

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).

When a Florida business is involved in a construction dispute, the main objective should be to reach a beneficial resolution in a timely manner. Construction of a commercial building can be a lengthy and stressful process, and it does always go as planned. There are many reasons why construction disputes can happen, and it may be necessary to resort to litigation to resolve the problem.

Every party involved in a construction dispute will want to protect their financial interests above all else. A construction company or third party will likely be unwilling to admit fault for a problem with your project. It may be necessary to go through a lengthy investigative period in order to figure out exactly what happened, what issues are affecting the integrity of the project and which party is responsible for addressing it.

Types of disputes

Construction is a long process, and there are often several third parties and contractors involved in certain aspects of it. For example, your business may hire a specific construction company for your project, but they may work with a third-party electrician on certain projects. The problem can lie in various aspects of the process. Some of the most common types of construction disputes include: 

• Disputes over the specifications or interpretation of the specifications
• Disputes over the scope of the work expected
• Disputes between contractor and subcontractor
• Disputes regarding the scope of work performed by subcontracted parties
• Disputes over subcontractor substitution
• Disputes over construction defects and the quality of the finished product

In some cases, a civil claim may be the most appropriate way to address a problem related to a construction defect or work performed. It may be necessary to sue for breach of contract, liability, breach of warranty and more. The remedies available depend on the individual situation, but they may include damages, compensation for losses or simply fixing the problem. 

Protecting your business interests

Your priority should be to find a way to address the issues with your construction project in a way that will be beneficial long term. It may be necessary to litigate, but sometimes out-of-court methods are a sufficient way to resolve the dispute. Regardless of how you approach it, it is beneficial to work with an attorney at every step.

There is a lot on the line for your company, but you do not have to navigate it alone. A legal ally with experience in real estate disputes and construction law can help your company save time and preserve long-term financial interests.

Making a bid on a new construction project can be an important time for your company. After all, getting projects is how you and your company make money. If you do land the job, you will likely have to agree to certain contract terms, and you will want to set forth some yourself. Unfortunately, the chance exists that mistakes could exist in a contract.

Even if you feel like you have done a thorough job of reviewing the contract, an error could still rear its ugly head later. If this does happen, you could face the risk of losing out on payment or facing other costly issues, or the other party could claim that you breached the contract, which can also cause serious problems.

What kind of mistake could occur?

Though contract mistakes are best avoided, they do happen. In some cases, it means that companies have to go to court in order to have the matter resolved. If so, the type of mistake that has occurred could affect the case, and those types include the following:

• Mutual mistake: You or the other party could claim that both parties involved made an error, thus rendering the contract invalid. For example, both parties may have signed the agreement believing in the soundness of the construction site, but your company may have later found issues with the site that affected your ability to move forward with the project.
• Unilateral mistake: This type of mistake occurs when only one party is mistaken about an element of the contract or project. However, grounds may exist to void the contract if the other party knew of the mistake of fact and did not correct the mistaken party.

In some cases, a mistake in a contractual agreement has remedies that can quickly resolve the issue. On the other hand, the situation could become more complex, and it may prove necessary to argue for the voiding of the contract altogether.

What can you do?

If you find yourself involved in a contractual agreement for a construction project and a mutual or unilateral error has occurred, you would be wise to protect your interests. To do so, you may want to contact an experienced Florida attorney who could assess your situation to determine how the error may have occurred and who could hold responsibility. Your legal counsel could also help you determine your best course of action for correcting the problem.

Like businesses across the country, most here in South Florida cannot operate without relationships with other companies and individuals. There is often memorialization of those relationships in contracts in order to outline the agreements between the parties.

As long as both parties fulfill their obligations under the contract, all is well. However, if one party fails to do so, the contract will govern any dispute resolution. For this reason alone, it will greatly benefit your business to make sure your contracts will adequately protect your interests if a dispute arises.

Crucial elements of all your contracts

What basic items need to be in all of your contracts? The list below provides an outline of what a good contract will include:

• Offer
• Acceptance
• Consideration
• Meeting of the minds
• Capacity
• Legality
• Written documentation

Under each of these categories, you will put the specifics of your particular situation. For instance, you will extend an offer to another party to provide goods or services specific to your business and industry. Then the other party will accept your offer, and the two of you agree on the consideration, or payment, for what you will provide. For many people, these three elements provide the core of the contract. However, the other items provide important information regarding your business relationship.

The need to document your agreements in writing cannot be stressed enough. Verbal contracts are extremely difficult to uphold in court. Even if you are friendly with the other party, it should not deter you from documenting any business agreement you enter into in order to protect yourself. Transactions do not always go as planned, and you will want to make sure that you have protections in place in case you need to enforce your agreement.

Enlist some legal assistance

A primary function of any contract is to provide a reference point in case something goes wrong. The framework of the contract may be all you have if you need to resolve a dispute with the other party. The more detailed it is, the more information a court will have to review the situation and make a ruling that protects your best interests.

Creating the best contracts possible often presents a challenge. Fortunately, you do not have to undertake this endeavor alone. You could consult and work with an attorney knowledgeable and experienced in creating and litigating contracts to help you create agreements that protect your and your company’s interests.

Starting a company is often exciting. It can also be exciting for that company to grow to a point at which a merger with another company is possible. However, mergers often involve various contracts and sacrifices, and if a person is not happy with his or her situation, contract disputes could arise.

Florida readers may be interested in a lawsuit underway in another state involving a breach of contract claim. According to reports, the founder of a company that merged with another company is suing because he believes his contract was violated. Apparently, the man agreed to a three-year employment term with the new company as a chief business officer. If the company wanted to end the man’s employment, which was allowed under the terms of the contract, he was to receive at least 30 days’ notice before the end of the contract.

The company did elect to end the man’s employment and gave him 30 days’ notice. However, the notice did not come before the end of the man’s initial employment contract. Though the company stated that it would pay the man a prorated salary for his remaining 30 days, he believes he is entitled to a full year’s salary because the company did not abide by the terms of the employment contract.

Contract disputes can often lead to lengthy and complicated conflict. As this case shows, if a disgruntled employee believes that he or she did not receive fair treatment under the terms of a contract, a lawsuit could result. If Florida businesses are handling this type of ordeal, they may want to ensure that they understand their available legal options.