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.

Whether you are a buyer or seller, working with a real estate agent is usually a smooth and straightforward process. Most REALTORS® and other real estate agents conduct their behavior in a professional manner and any disagreements are often the result of an honest mistake or a break in communication versus willfully acting in bad faith.

Frequently, disputes between real estate agents and buyers or sellers can be mitigated with communication or mediation. If the parties cannot come to a resolution, buyers or sellers may be able to file a complaint with the Association of REALTORS® if the agent is a licensed REALTOR®. Below, we discuss how to handle a dispute with your REALTOR® and how to get the legal help you need in the event that you and your real estate agent are involved in a serious disagreement due to their potential violations of ethics codes.

REALTORS® Code of Ethics Defined  

REALTORS® must conduct themselves in a manner which adheres to the Association’s Code of Ethics. There are 17 Articles in the Code, which REALTORS® are expected to understand and abide by when they become licensed by the association. The Code is designed to provide buyers and sellers with a consistently professional experience and to ensure that customers are treated fairly according to the Association’s guidelines.

Real estate agents who are not REALTORS® are not beholden to the same ethics guidelines and it may be more difficult to hold these agents accountable for conduct. When a realtor is reported to the Association, the Association must decide if a violation occurred and the appropriate disciplinary action.

How to File an Ethics Complaint With the Association of REALTORS®

If you choose to file an ethics complaint with the Association of REALTORS®, it’s important that you do so as quickly as possible once you decide this is the action you want to take. You only have a finite window of time after the real estate transaction to file a complaint, usually within 180 days. If you do not file within this time frame, you may forfeit your right to file an ethics complaint at all.

Make sure your complaint includes which articles of the Association’s Code of Ethics your real estate agent violated, along with a narrative on how the Article was violated by the REALTOR®.

Call a Palm Beach County Real Estate Litigation Lawyer 

If you’re involved in a real estate dispute, get legal help from a veteran Palm Beach County real estate litigation attorney. Call Feinstein Real Estate Litigation and Business Law at 954-546-7862.

Six years ago, Florida condo owner Eileen Breitkreutz filed a request to review her condo association’s financial records, as is permitted by state law. What Eileen didn’t know though, is that the COA – Boca View Condominium Association – had the ability to not only fight this request, but file a lawsuit for Eileen to foot the legal fees accrued by the COA while fighting the request. 

A Florida judge ruled in the condo association’s favor and ordered that Eileen owes them almost $400,000 for the reimbursement of the association’s legal costs. Eileen was never able to review the financial records and now faces the possibility of bankruptcy and the sale of her home. 

Does Florida Law Support Home & Condo Owners? 

State law allows home and condo owners to request copies of the association’s financial records to ascertain how annual dues are being allocated in the community. However, many HOAs and COAs will fight owner requests for these records, presumably because the association has something to hide about where the funds are going and how they are being utilized.

However, there’s nothing in the state’s statutes that prohibit associations from fighting these requests in court with high-powered, expensive attorneys and receiving a judgment in their favor. 

This is precisely what happened to Eileen, who exercised her homeowners’ rights and was penalized for something she was legally allowed to do. Boca View Condominium Association was able to circumvent her request via the court system and then offload the costs of doing so. Because COAs and HOAs have the ability to litigate requests for financial records despite the law allowing owners to ask for them, it is often the association that comes out on top.     

Call Today For Experienced Florida Real Estate Litigation Representation 

Are you involved in a real estate dispute with your HOA or COA? Don’t wait to secure experienced legal representation to protect your best interests. You can be sure that if you’re going up against a home or condo owner’s association, they will have the best legal team your annual fees can afford and your chances of winning will be slim to none, even if you’re in the right. 

Call Feinstein Real Estate Litigation & Business Law today for a consultation at our Fort Lauderdale office by dialing 954-767-9662. We can help you protect your rights as a Florida condo owner.

In early March, U.S. President Joe Biden gave a State of the Union address that condemned Russian oligarchs who owned property in America. Many of these properties are located in South Florida, on the coast, and in Florida’s surrounding waters. Russian oligarchs have long sought to purchase and own real estate located on the balmy shores of Palm Beach, and the President’s warning was directed entirely at them. 

“Tonight I say to the Russian oligarchs and corrupt leaders who have bilked billions of dollars off this violent regime: no more. We are joining with our European allies to find and seize your yachts, your luxury apartments, your private jets. We are coming for your ill-begotten gains,” he announced. 

Russian owners of Palm Beach real estate should be highly concerned, however, properties might not be taken immediately or possibly even at all before sanctions are lifted.

Asset Seizure Might Not Be So Easy 

Many of the Florida properties owned by Russian oligarchs are technically owned by American shell companies, which provide a thick layer of protection against seizure. Freezing assets, like bank accounts, and preventing wire transfers is much easier. That said, property owners have reason to be concerned. 

Get Help from Florida’s Business Law Firm Now 

Real estate matters, particularly those that are of extremely high value, are complex and difficult. They require the expertise of a seasoned attorney who is adept at both settlement negotiations and in-court litigation. It’s entirely possible that non-Russian property owners may get caught in the crossfire and need to take legal action to protect their investments. At Feinstein Business Law & Real Estate Litigation, we can help. 

Learn more about business law and real estate litigation or book an appointment to see one of our experienced attorneys. Call now by dialing 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). 

Many real estate investors from all over the globe purchase real estate in sunny South Florida, helping to keep its economy bustling. These investors include Russian oligarchs, the subject of many sanctions the U.S. has imposed as a result of Russia’s invasion of the Ukraine and subsequent war. The sanctions are intended to push Russia towards pulling out of the Ukraine without the U.S. becoming involved in the Russia-Ukraine war. 

Here’s what to know about how sanctions may affect both property owners and businesses in South Florida as well as Russian investors who own Florida real estate, and how to get legal assistance from an experienced real estate litigation lawyer. 

How Sanctions May Impact South Florida Property Owners & Businesses  

Real estate experts in the area suggest that both individual property owners and businesses should prepare for potential issues with real estate purchases and sales. It may be challenging or in some cases even impossible to transfer money between banks to complete a purchase depending on where your bank and funds are located. Sellers may notice fewer offers on their for-sale properties as Russian investors look elsewhere for property to purchase. 

How Sanctions May Impact Russian Investors in Florida Properties 

Russian investors are arguably the most affected by these sanctions, which will severely limit Russian transactions within the United States. Assets, including real estate, of Russian investors located in Florida will be blocked as a result of the sanctions, preventing investors from obtaining access. Russian investors will not be able to buy and sell property in Florida, or anywhere else in the U.S. until the sanctions are lifted. 

Reach Out for Legal Help Today  

These sanctions, while an important strategic move on the part of the U.S., deal a heavy blow to the real estate market. Some properties, including entire condominiums on the beach, could end up being the legal property of the United States government. This is a worst-case scenario for property owners and it’s important to consult with an attorney to better understand how the sanctions may impact you or your business, specifically. 

Protect your real estate with the help of an experienced real estate litigation lawyer. Feinstein Real Estate Litigation & Business Law provides experienced, comprehensive legal representation for owners, investors, sellers, and buyers in Florida. Call 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).  

In October 2021, a shopping mall conglomerate sued a retailer in one of their malls located in Palm Beach county for nonpayment of rent and associated fees. Here’s what to know about the lawsuit, if you should hire a lawyer, and who to call. 

The Lawsuit 

According to a complaint recently filed in the Palm Beach County Circuit Court, a jewelry business in Boca Raton’s Town Center Mall hasn’t made payments towards their commercial space rental since Summer of 2021. 

The jeweler now owes a substantial amount of back rent.  According to a default notice issued by Simon Properties, the business that operates Town Center Mall, the specific total originally owed by founders Oma and Isaac Levy is upwards of $152,223.

Per the lawsuit, on or around July 21, 2017, YVEL signed a contract with Simon Properties, agreeing to a monthly minimum rent payment of $7,532.63 for the commercial space. 

The contract specified that when the store earned more revenue, they would owe additional rent, as well as $2,416 per month for operational expenditures, $164 per month payment to a media fund, $164 per month commitment to a publicity fund, and property taxes. 

However, according to the lawsuit, YVEL has not satisfied any of these financial obligations since April 2020. According to the suit, YVEL owes Simon Properties a total sum of $161,673 to date. Simon Properties ordered the jewelry establishment to pay their back rent in full or vacate the property, however, the store has refused to do either. 

The suit states, “Plaintiff’s (Simon Properties) Notice of Default demanded that Defendant (YVEL) pay the full amount of the unpaid rent then owed, or deliver possession of the Premises back to Plaintiff. Defendant Tenant refused and/or otherwise failed to do either.”

Should You Hire a Florida Real Estate Litigation Attorney? 

If you’re a business involved in a real estate dispute, it’s generally in your best interests to consult with an experienced real estate litigation attorney to determine your next steps. Without the help of a lawyer, you stand to incur significant losses. 

Contact Feinstein Real Estate Litigation & Business Law Today

Don’t hesitate to get the legal help you need from an experienced, zealous real estate attorney. Call Feinstein Real Estate Litigation & Business Law today at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

Recently, Florida Judge Michael Hanzman of the Miami-Dade Circuit Court rejected a legal ploy designed to prevent Heinrich Von Hanau and his company, Fisher Island Holdings, from erecting an additional luxury condo on Fisher Island, along with 12 residential homes.

The Lawsuit 

A lawsuit filed last year by area homeowners George Perlman, Jeff Horowitz, and Thomas Lauria against Fisher Island Holdings, the Fisher Island Community Association, and Fisher Island Club attempted to void a settlement agreement reached in previous lawsuits involving Heinrich Von Hanau.

In this lawsuit, the three plaintiffs alleged that construction of the proposed condo and associated residences would remove access to a third ferry landing typically used for emergencies on Fisher Island, since the area is only accessible by helicopter, private boat, or ferry. 

The Verdict 

However, the August 2021 hearing ended well for Hanau, with Judge Hanzman ruling in his favor. The judge said in his order, “Fisher Island has been embroiled in seemingly endless litigation. It damages property values, and it damages the perception of the community and the people who live in it. It is time for all this litigation to meet its end.” 

This decision allows Fisher Island Holdings to complete construction on a 10-story, 57-unit condominium at 6 Fisher Island Drive. Once the property has been developed, no additional developments can be constructed on the island. 

The settlement requires Fisher Island Holdings to make a $2.5 million payment in cash. Although the attorneys for the plaintiffs, Alan and Lauria Kluger, declined to make a comment regarding the outcome of the case. 

The lawyer representing the Fisher Island Community Association, Sashi Bach, noted that the verdict “was a result of the committee working around the clock to get this deal done in the best possible way for Fisher Island.” Bach continued, “It is a phenomenal deal to get things on the right path forward.”

Getting Experienced Legal Assistance for South Florida Real Estate Litigation 

Are you involved in a real estate or construction litigation matter in South Florida? It’s important that you secure adequate legal representation as soon as possible to protect your best interests from the start of the case. 

Contact Feinstein Real Estate Litigation & Business Law today to learn more about how we can help you pursue a favorable verdict. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami). Our team is available now to provide you with immediate assistance.

According to a newly filed legal complaint, the Opera Tower Condominium Association, owners of Miami’s esteemed Opera Tower, has allowed unlawful short-term rentals for extended periods, causing increasing facility expenses and plummeting property values.

A Class Action Lawsuit 

On June 21, 2021 the lawsuit was filed in a Federal district court in Miami and seeks class action status. The Opera Tower is no stranger to lawsuits, and this move is simply the latest legal battle over unapproved 30-day or shorter leases at the 635-unit luxe skyscraper. Opera Tower sits in the heart of Miami’s Arts and Entertainment District at 1750 North Bayshore Drive. 

The plaintiff, Joseph Dispoto, bought a one-bedroom apartment in the Opera Tower in 2007. According to the lawsuit, up to 200 unit owners may be affected and the claim could be filed as a class action suit with damages exceeding $5 million. Defendants listed in the lawsuit are the Opera Tower Condominium Association, Opera Tower LLC, board directors Joseph Arthur, Dean Warhaft, and Michael Smith. 

The Allegations 

In the lawsuit, the Opera Tower Condominium Association and its board of directors are accused of breaking Miami zoning ordinance 21, which bans short-term leases in multifamily structures like the Opera Tower. According to the lawsuit, over 200 units in the complex are actively advertised and offered as short-term apartment rentals.

Opera Tower LLC is also accused of using a firm called Opera Suites and Marina to lease condominiums for 30 days or less through February 2020. The lawsuit claims that for a period of time, Opera Suites and Marina had a separate check-in counter at Opera Tower and extensively promoted its short-term rentals on numerous hotel reservation websites.

The Opera Tower Condominium Association admitted in a letter to unit owners that these short-term rentals had lowered the value of their units and the overall property. The complaint states that Opera Tower got a cease-and-desist letter from the city of Miami approximately a month following the letter being mailed out, ordering the Tower to discontinue all short-term rentals immediately. 

No Comment From the Opera Towers 

Dean Warhaft, Florida East Coast’s principal development manager and President of the Opera Tower Condominium Association, was contacted for a statement but declined to comment. At the time of writing, attorneys for Joseph Dispoto, Brian Warnick, and Janet Varnell, as well as the attorney for the Opera Tower Condominium Association, Jose Baloyra, did not reply to phone calls and emails seeking a statement. 

Get Help With Miami Real Estate Litigation Today 

If you are the owner of a unit in the Opera Tower complex, or want more information about how to protect yourself from property devaluation, contact Feinstein Real Estate Litigation & Business Law by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami).

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).