The long-held real estate dispute between the Blue Lagoon Condominium Association and Caroline Weiss has reappeared in the news earlier this year after an appellate judge reversed a lower court’s decision that Weiss had “interfered” with the property rights of the association.

In 1997, Weiss allegedly obstructed an easement between Blue Lagoon and her property that was built in 1986 prior to her purchase of the space with dirt and rocks, which prevented condo owners from being able to access the northwest part of 7th Street in downtown Miami. 

The Point Of Contention  

The primary point of contention between the parties arose from a dispute over the meaning of “interference,” and if Weiss’ actions qualified under the legal definition of the word. 

Originally, Miami-Dade Circuit Judge Jose Rodriguez ruled in favor of Blue Lagoon and granted a temporary restraining order that was eventually made permanent, which prohibited Weiss from accessing the Blue Lagoon property and affording the association the right to have any obstructions that are blocking access to the easement. 

A New Building 

However, Weiss was approved to build a condominium on her property in 2017, and a year later in 2018, the association filed a lawsuit alleging that the increased traffic from the construction of a new high-rise condo would violate the terms of the original easement agreement. A court ruled against the association, stating that construction plans don’t interfere with the easement. 

An appeals court then later ruled that the construction does obstruct and interfere with the easement according to the generally accepted definition of the term “interfere.” But on the third appeal, Weiss finally came out ahead when Judges Fleur Lobree, Norma Lindsey, and Ivan Fernandez ruled that the previous court took the term out of context and misapplied the law when the case was decided in the condo association’s favor. 

Weiss now has legal permission to continue building, so long as the 40 foot easement remains unobstructed. But what seemed to be a relatively straightforward dispute spanned more than 25 years, all over the understanding of what a single word meant. 

Are you involved in a real estate dispute or are considering filing a dispute against another property owner? Contact Feinstein Real Estate Litigation & Business Law for a consultation to discuss your legal options by calling 954-767-9662.

Real estate litigation is a complex and often contentious process that involves disputes between buyers, sellers, landlords, tenants, and other parties involved in the ownership or use of real property. 

Whether you are a property owner, tenant, or investor, you need to understand the dos and don’ts of real estate litigation in Florida to protect your property rights and achieve a successful outcome in your case.

The Do’s of Real Estate Litigation

Do seek legal advice early on. Your attorney can review your case and provide you with guidance on the most effective legal strategies to achieve your goals.

Do gather evidence and documentation. Evidence is critical to building a strong case. Be sure to gather all relevant documents, such as contracts, leases, deeds, and financial statements, as well as any correspondence or other evidence that supports your position.

Do consider alternative dispute resolution. Litigation can be expensive, time-consuming, and emotionally draining. Consider the benefits of alternative dispute resolution methods, like mediation or arbitration, which can be more cost-effective and less adversarial than going to court.

Do stay informed and involved. Court cases can take a long time, but it’s critical to stay informed and involved. Attend all court hearings and meetings with your lawyer and ask questions to ensure that you understand the legal process and your rights.

The Don’ts of Real Estate Litigation

Don’t ignore the problem. Real estate disputes often escalate quickly, and ignoring the problem can lead to serious legal and financial consequences.

Don’t make emotional decisions. Real estate disputes can be emotional and stressful, but it is important to make decisions based on facts and legal principles, rather than emotions. Work with your attorney to develop a clear legal strategy and avoid making rash decisions that could harm your case.

Don’t communicate directly with the other party. Avoid contacting the other party directly, as this can lead to misunderstandings and potentially harm your case. Instead, communicate only through your attorney. 

Don’t forget about the long-term implications. Real estate litigation can have long-term implications for your property rights and financial well-being. Consider the potential consequences of your legal decisions and work with your attorney to develop a strategy that protects your long-term interests.

Call Feinstein Real Estate Litigation & Business Law today for a consultation by dialing 954-767-9662.

The Florida Association of Realtors has sued Marco Island for imposing a short-term rental regulations that the Association claims is unfair. Vacation rental owners are primarily impacted by the new regulations, which aim to limit noise and congestion in the area. 

Here’s what to know about the ordinance and when you should reach out for legal advice. 

The New Rules For Short-Term Rental Owners

Political action committees like Take Back Marco lobbied for new regulations that would make it harder for property owners to rent out their homes while not in use. The committee claims that the area was too full of tourists and residential areas had “gotten out of control,” requiring the group to take immediate action. 

Short-term rental owners now must comply with terms that the Association of Realtors say are unreasonable and intended to reduce the amount of business vacation home owners can do. 

These new rules include conditions like: 

• No noise should be heard within 25 feet at night and 50 feet during the day 
• Detailed fire inspections must be completed annually 
• Property owners must purchase high-value insurance coverage 

The Association also points out that these regulations don’t apply to long-term rental properties or homes owned by families. They specifically single out vacation home owners who want to rent their properties out while they’re not using them. 

Does It Violate Florida Law? 

The question this lawsuit presents is whether or not the island’s new ordinance violates state law. The Association claims it does, citing the infringement of Florida’s Equal Rights statutes. 

The lawsuit references a law that states local governments aren’t allowed to issue ordinances that ban vacation rentals or negatively impact the frequency, duration, or revenue of those rentals. Now, a judge will need to review the case and determine which side is within their legal bounds. 

When To Get Qualified Legal Help 

The most important thing you can do when dealing with a real estate dispute is reach out for qualified legal assistance as quickly as possible. The outcome of your case depends on the skill and expertise of your attorney, so you need to make sure you’re working with a lawyer who understands how to navigate Florida real estate law and can zealously advocate for a resolution in your favor. 

Contact Feinstein Real Estate Litigation and Business Law today for a consultation by dialing 954-767-9662.

If you rent out a commercial building in Florida and need to evict your tenant, there’s a specific process you’ll need to follow. If you don’t take these steps, your tenant could have a legal claim against you. Here’s what you need to know and how a Florida commercial real estate attorney can help. 

Step 1: Issue A Warning 

For evictions due to nonpayment of rent, you’ll need to issue a written warning first. Make sure you do this at least 3 days in advance of their eviction date.

For other types of evictions, landlords need to warn their tenants at least 15 days ahead of time.   

Step 2: File A Complaint For Possession Of Your Property 

Ideally, your tenant is able to vacate your property on the date of their eviction. If this doesn’t happen, you can file a complaint for possession with the court. The tenant must be properly served the complaint and has up to 5 days to respond.   

Step 3: Respond To Any Counterclaims 

Then, your commercial tenant can make a counterclaim against you. If they deny the reason for the eviction or claim that they have a right to continue using the property, they can file a response with the court. 

Be prepared to go back and forth with your tenant for a while before a court hearing is scheduled. 

Step 4: Attend Your Court Hearing 

Finally, you’ll make your case in court as to why your tenant should be evicted. They will also argue their side. After all the evidence is reviewed, the judge will issue a verdict. The judge may rule in your favor and force the tenant to leave, or they could rule in favor of your tenant and give them more time to get moved out. 

Usually, judges in Florida side with landlords unless they clearly violated their contract with the tenant and caused damages as a result.  

Call Feinstein Real Estate Litigation & Business Law 

Evicting a commercial tenant in Florida is complicated. You need reliable legal counsel and advocacy you can trust. At Feinstein Real Estate Litigation and Business Law, we’ll fight for an outcome in your company’s best interests. We’ll apply our robust skills and experience to make sure your commercial property eviction goes smoothly.

Contact Feinstein Real Estate Litigation and Business Law now for a consultation by dialing 954-767-9662.

Buying a condo in development comes with risks. You could lose money if your developer files for bankruptcy before the project is completed.

Here are some ways to handle this problem.

Check Your Contract 

The first thing you should do is read over your building contract. It should outline the steps you should take if the developer stops working. 

Usually, a new developer is hired to complete the project. This allows construction to continue normally. 

Contact Your Escrow Company 

Most buyers put their deposits in escrow. This is a third-party service that holds the money until your building project is completed. If something bad happens, the escrow company can refund you.

Contact your escrow company to let them know your developer declared bankruptcy. You may need to give them a copy of your building contract. Your funds should be released when the company verifies the developer abandoned the project.

If you paid the deposit to the developer themselves, you have fewer options to get it back. 

You Might Lose Interest 

Unfortunately, you might lose interest if your developer declares bankruptcy. Even if you get your deposit back, that money would have earned interest had you invested it somewhere else. 

This is something to consider when buying unfinished property. You may want to put your deposit in the bank instead of paying your developer so you can earn interest while you wait for your project to be completed. 

If your developer cancels the project, you won’t have lost any money. You also won’t have to wait for escrow to return your deposit. 

How Florida Property Buyers Can Protect Themselves 

Make sure any contract you sign clearly states what happens if the builder goes bankrupt. It should also cover if you will get your deposit back and how. Don’t sign anything before your lawyer has a chance to look over it. 

If the contract you’re given doesn’t protect you, your attorney can draft a new agreement for your developer to sign instead.

Experienced Legal Representation For Florida Developer Disputes 

Feinstein Real Estate Litigation & Business Law can provide you with comprehensive legal support if your developer declares bankruptcy. Our experienced legal team has the skills to negotiate zealously on your behalf to get the best outcome possible. 

Call our office now for a consultation at 954-767-9662 and we can start right away.

When you decide to build a home, it’s crucial to read the fine print in your contract and know what to expect and what you’re getting before signing on the dotted line. Many Florida developers take advantage of unsuspecting buyers, who often believe they’ve finally invested in their dream home, like the homebuyers of the still-under-construction Coconut Grove townhouse community. 

60 Days vs. 3 Years Of Construction & Development 

A group of Florida homebuyers became involved in a 60-day project that has turned into 3 years of nightmarish back-and-forth between the homebuyers and the developer’s legal team, who continue to claim that they couldn’t help the delays. But, this pattern isn’t uncommon in South Florida where property value is at an all-time high and developers can collect a down payment from each buyer well in advance of being required to provide access to the purchased property. 

And in the case of the Coconut Avenue townhomes, it begs the question of whether a developer is ever required to produce the property or if they can claim infinite delays. Some home buyers have brought forth lawsuits, but the original contracts state that the cases must be handled via mediation or arbitration – a huge benefit to the developer that has resulted in the dismissal of litigation suits. 

Here’s how to read your home building contract and what to look for to make sure you’re not signing something that puts you at a disadvantage later on if your developer decides not to deliver. 

Red Flags To Look For In Your Home Building Contract 

Since your building contract is legally binding, you need to make sure the terms work for you. The contract should include specific language about the details of the project, what materials will be used and where they’ll be sourced, how long the project will take, what warranties are available, and any special terms that both parties have agreed upon. 

When reviewing your contract, be sure to look for: 

• Misleading terms and conditions 
• Unfair payment schedules
• Hidden costs 
• Vague language 
• Missing details 
• Large upfront deposits 
• Arbitration or mediation-only agreements 

Ideally, you will be able to back out of the contract at any time and for any reason, but this may not be feasible. Make sure the terms are at least reasonable for you and that you won’t be stuck honoring your end of the contract while your developer is free to do as they like. 

Look for terms like “at developer’s discretion” or “unless otherwise noted,” which are phrases that essentially allow the developer to decide what they mean later on, depending on what will benefit them the most. 

Feinstein Real Estate & Business Litigation Law can provide you with comprehensive legal representation for your building project. Call now at 954-767-9662.

If you’re a Florida property owner, it’s important to understand the basics of an implied warranty of workmanship. This warranty is typically included in construction contracts and protects owners if their home is not constructed according to the agreed-upon plans or specifications. Here’s what you need to know and how to get help from a construction litigation attorney. 

Defining An Implied Warranty Of Workmanship 

An implied warranty of workmanship is a legal promise that a contractor’s or builder’s work will meet certain minimum standards. In Florida, these standards are outlined in the state’s Building Code. The implied warranty of workmanship is “implied” because it is not specifically stated in the contract between the property owner and the contractor but is instead a legal requirement imposed on contractors by the state.

What Does The Warranty Cover?

Workmanship warranties generally cover any defects that arise within the course of construction, including both defects that arise from problems with materials to those that are the result of poor labor practices. For example, if a contractor uses subpar materials that result in damage to the property, the property may be able to file a claim under the warranty of workmanship.

Exceptions To The Warranty Of Workmanship

The warranty of workmanship does not cover every possible problem that could arise with a construction project. For example, problems that are caused by neither the contractor’s work nor the materials they selected are unlikely to be compensable under a workmanship warranty. 

Contractors may also not be liable for issues caused by developers whom they permit to proceed after a problem has been identified, or for problems that arise after construction has been completed that aren’t directly related to development. 

How A Real Estate Litigation Firm Can Assist You 

An experienced Florida real estate litigation firm can help you identify the causes of construction defects, who may be responsible, and offer sound legal advice on how to move forward. 

They can also assist with filing the necessary paperwork and negotiating with the contractor to ensure that you are given a fair resolution. Your attorney can assist with gathering evidence to support your claims, including photographs and statements, and can negotiate for a settlement in your favor. 

Contact Feinstein Real Estate Litigation & Business Law for a consultation to learn more by dialing 954-767-9662 or filling out our short contact form below.

Real estate transactions are complex and can involve a number of legal documents. When you’re buying or selling real estate, there are many things that can go wrong, even when you do everything you can to prepare and plan ahead. Fortunately, an attorney can help. Here’s what to know about common issues that come up during residential and commercial real estate closings and how a qualified lawyer can assist you.  

How to Prevent Real Estate Closing Nightmares

When closing on a piece of real estate, it’s important to take the appropriate steps to make sure you’re heading off any potential problems before they can manifest. Before signing on the final dotted line, make sure you:

• Read the forms or paperwork thoroughly, even the fine print
• Complete a title search and opt into title and property insurance
• Check the zoning of the property before your purchase to ensure it aligns with your intended property use
• Get a loan commitment in writing
• Hire a qualified real estate attorney before it’s too late 

Call a Florida Real Estate Law Firm Today

When you are buying or selling property, you need an experienced real estate lawyer or attorney to help you through the process. An experienced real estate lawyer can also help you negotiate the best deal possible and protect your interests during the transaction. They can also help you if there are any problems with the sale or purchase of your property.

Contact Feinstein Real Estate Litigation & Business Law today for a consultation by dialing 954-767-9662 or filling out our quick online contact form.

Florida real estate closing disputes happen more often than buyers and sellers expect. After weeks of negotiation, inspections, and financing, the closing table is supposed to be a formality — but title defects, last-minute financing failures, undisclosed liens, and seller walk-outs can derail even the most well-prepared transaction. Understanding where real estate closings go wrong in Florida helps you protect yourself before the deal collapses.

Most Common Causes of Florida Closing Disputes

Title Defects and Unpaid Liens

One of the most common closing surprises is a title defect discovered during the final title search. Unpaid contractor liens, IRS federal tax liens, or prior mortgages that were never properly released can block a clear title transfer. Under Florida lien law, certain liens attach automatically and must be satisfied before the deed can transfer free and clear. A Fort Lauderdale real estate attorney can identify and resolve most title defects before closing day.

Financing Fall-Through at the Last Minute

Buyers sometimes lose financing after contracts are signed — job loss, credit changes, or appraisal gaps are common culprits. Whether the buyer forfeits their deposit depends on the contract’s financing contingency language. Florida contracts are not uniform, and what one clause says about forfeiture can differ dramatically from another. If a financing dispute arises, both parties need legal counsel quickly.

Seller Refusing to Close

When a seller backs out after a contract is signed, the buyer has legal remedies including specific performance — a court order forcing the seller to complete the sale. Florida courts have consistently upheld specific performance in real estate cases because every parcel of land is considered legally unique. A business litigation attorney can file for specific performance or negotiate a settlement that protects your position.

Undisclosed Property Defects After Closing

Florida’s Seller Disclosure Requirements

Florida law requires sellers to disclose known material defects that are not readily observable. The landmark Johnson v. Davis case established this duty, and courts have consistently enforced it. If a seller conceals a leaky roof, mold, foundation cracks, or flood history, the buyer may have claims for fraud, negligent misrepresentation, or breach of contract even after the deal closes. The Florida Bar notes that post-closing disclosure disputes are among the fastest-growing areas of real estate litigation.

What You Can Recover

• Cost to repair the undisclosed defect
• Diminution in property value
• Out-of-pocket losses from relying on false disclosures
• Attorney fees in fraud cases under Florida’s litigation fee statute

Deposit Disputes: Who Keeps the Escrow?

When a deal falls apart, the buyer’s deposit often becomes a battleground. Most Florida contracts specify that the deposit goes to the seller if the buyer defaults and to the buyer if the seller defaults or if a contingency is not met. But “default” is a term that requires legal interpretation. Escrow agents cannot release disputed deposits without written agreement from both parties or a court order — which means disputes can drag on for months without resolution. Early legal intervention speeds up the process significantly.

According to Florida Realtors, escrow disputes are one of the top reasons real estate transactions require attorney involvement post-closing.

How to Protect Yourself Before and During Closing

• Review the title commitment carefully before closing day — not after
• Understand every contingency in your contract and its deadline
• Do a final walkthrough within 24 hours of closing
• Confirm all agreed repairs were completed and documented
• Get written confirmation of lien payoffs from the closing agent

A real estate litigation attorney reviewing your contract before you sign is the single most effective way to prevent closing disputes.

Frequently Asked Questions

When a Closing Turns Into a Legal Fight, Be Ready

If your Florida real estate closing dispute has already started — or you want to prevent one — Feinstein Real Estate Litigation & Business Law is ready to help. Call (954) 767-9662 or contact us through our contact page today.

About Feinstein Real Estate Litigation & Business Law

A South Florida firm with 30+ years of experience in real estate closings, contract disputes, title litigation, and business law. Serving Broward, Miami-Dade, and Palm Beach Counties.

A group of leak and mold detection contractors in Florida has filed an appeal against a judge’s decision to dismiss a lawsuit alleging a new property insurance law is unconstitutional. Read about the case and how to get legal assistance with a real estate dispute below. 

Changes to Attorney-Fee Restrictions For Contractors 

Earlier this year, a lawsuit was filed against both the Secretary of the Florida Department of Business and Professional Regulation and the Florida Construction Industry Licensing Board for changing attorney-fee restrictions in a manner that allegedly violates the rights contractors have to equal protection, access to courts, and due process of law. 

The lawsuit was filed by the Restoration Association of Florida and Air Quality Assessors, LLC in May and heard by Leon County Circuit Judge J. Lee Marsh in August. At this time, Marsh dismissed the case, but not on the basis that the state had a right to make the aforementioned changes. Instead, Marsh ruled that the Licensing Board and the Secretary were not “proper defendants” because they lacked the ability to enforce the laws in question. 

Understanding the Assignment of Benefits 

Before the state updated the restrictions, contractors were allowed to recover any attorneys fees accrued from litigation with insurers to obtain payment for work that was authorized under the assignment of benefits. This means that a homeowner has signed over their insurance benefits to contractors as payment for work completed and the contractors must settle the claim with the insurer themselves. 

In many cases, this results in litigation when insurers attempt to deny legitimate claims. Now, the new changes to attorney-fee regulations prohibits contractors from recovering legal costs associated with bringing legal action against dodgy insurance companies. Homeowners may still sue for attorneys fees, but contractors who have been compensated with the assignment of benefits may not. 

Do You Need Legal Help With a Real Estate Dispute? 

Navigating any kind of litigation can be complex, especially when real estate contracts are involved. Don’t wait to get the legal help you need when involved in any kind of real estate dispute. Feinstein Real Estate Litigation & Business Law has the skills and expertise to provide you with comprehensive legal assistance. Reach out today to book a consultation to discuss your case or to learn more about how changes to Florida law might affect you by calling 954-767-9662.

A Boca Raton condo owner has been giving pushback against the forced sale of his property for nearly 30 years. Howard Fellman is the last individual owner at Crystal Palms – the rest of the 175 units are owned by real estate construction and property development mogul Scully Company. 

Scully Company has been putting pressure on Fellman to sell despite his long-established history of non-negotiation, and this time the law has been changed to potentially allow property developers to force the sale. 

Palm Beach County Judge Rules Condo Association Is Within the Law 

In 2021, the Crystal Palms voted to make it easier for the dissolution of its designation as a condominium. Once it is no longer a condo, Scully Company can oust Fellman whether or not he agrees. The only caveat is that he must be offered a fair market price for the property. 

Fellman tells the Palm Beach Post that it’s unfair a big company can force private owners like him to give up their homes. He says, “The condo laws were passed to establish procedures for unit owners to peacefully co-exist, not for an investor to confiscate private property. It’s as if Boardwalk is confiscating Park Place.” 

How Other Florida Property Owners May Be Affected By Fellman’s Case 

Other Florida property owners can expect to be impacted by the decisions made in Fellman’s case. Although he’s appealing the judge’s decision that Crystal Palms was allowed to make it easier to dissolve their condo designation, it’s expensive. Fellman says, “This is costing me a bloody fortune. There is no rainbow at the end of the road for me.” 

He’s continuing the fight for the benefit of everyone else who could face the forced sale of their properties if he loses. “My case will be used as a poster child for developers to confiscate property from condo unit owners. It will happen to anybody who doesn’t have the deep pockets to defend themselves, and happen mostly to senior citizens.”

Being Forced to Sell? A Florida Real Estate Litigation Law Firm Can Help 

If you are being pressured to sell property that you own by a corporate interest, take action to protect your investment. Contact Feinstein Real Estate Litigation & Business Law today for a consultation to learn what steps you can take next. Call now by dialing 954-767-9662.