As relations between the United States and Russia continue to deteriorate after the U.S. joined Germany in pledging battle tanks to Ukraine in early February 2023, many people are wondering if this will worsen the impact that sanctions have already had on Florida real estate. Here’s what to know.

Seller Due Diligence 

Commercial real estate owners and sellers should be on the watch for Russian oligarchs or their family members attempting to evade American sanctions by investing in multifamily homes and retail property. 

There are a few things you can look for that may indicate this:

• The client is on the OFAC list of Specially Designated Nationals and Blocked Persons.
• The client is based in or has significant operations in a sanctioned country.
• The client tries to structure their purchase through shell companies or other entities to conceal their identity.
• The client is particularly interested in purchasing property in cash.
• The client is reluctant to provide information about their financial history or sources of income.
• The party has been involved in activities that violate U.S. export control laws or International Emergency Economic Powers Act (IEEPA).

If you have any suspicion that your client may be violating Russian sanctions, you should consult with an attorney before proceeding with the transaction. Violating sanctions don’t just have penalties for Russians – you too can incur civil penalties of up to $356,579 or double the amount of the transaction, whichever happens to be greater.

Strategies For Florida Real Estate Sellers To Mitigate The Impact Of Russian Sanctions

There are many ways that Florida real estate sellers can help mitigate the impact of Russian sanctions on their client base and bottom line. First, diversifying your client base can help you establish new relationships in different markets, so you can continue to do business regardless of how strict the sanctions against Russia get. 

Another strategy that Florida real estate sellers can use to mitigate the impact of the sanctions is to seek out alternative financing solutions. This could involve partnering with developers who are willing to provide financing for projects or working with lenders who are not affected by the sanctions. 

Feinstein Real Estate Litigation & Business Law is an experienced South Florida law firm that is committed to helping property investors and developers succeed. Call now at 954-767-9662. Serving Fort Lauderdale and surrounding areas.

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.

Florida Governor Ron DeSantis (R) has signed a new law into effect following Hurricane Ian that allegedly aims to make obtaining property insurance easier and more affordable for home and business owners. But do these new policies really help, or are they leaving property owners with too little time to file claims for damages? Here’s what to know. 

What The Law Means For Property Owners 

Before this law was passed, property owners had as long as two (2) years to file a claim for damages to their homes or buildings. Now, owners must submit or reopen a damage claim within one (1) year to be considered eligible for coverage. Supplemental claims also used to have a three (3) year submission window, and now property owners have just 18 months. 

Owners also can’t sue their insurance companies unless they can prove their insurers defrauded them or otherwise acted in bad faith. This, unfortunately, leaves property owners at an unfair disadvantage when it comes to holding insurers accountable for inappropriate conduct.  

What The Law Means For Insurance Companies 

Of course, property owners aren’t the only ones who will be impacted by the new insurance laws. Insurance companies also have a few new regulations, primarily related to the efficiency and speed at which claims are investigated, settled, and paid. Insurers must also include if flood damage isn’t covered on the policy’s declaration page, and are required to offer substantial discounts to customers who opt into the arbitration contract and agree to mediate in favor of suing. 

Changes To The Assignment Of Benefits 

Perhaps the most concerning update to Florida’s property insurance laws is the discontinuation of Assignment of Benefits, which permitted contractors to conduct maintenance and repairs permitted by the claimant’s policy and directly invoice the insurance carrier for the costs. Builders would then receive payment from the insurance provider, which helped facilitate the process of filing claims for property owners. 

Property owners must now pay contractors up front for repair or reconstruction services, and have to send the receipt along with a detailed claim to their insurance provider for expense reimbursement. Because of this, customers will find it more challenging to use their insurance coverage to have property damages fixed, and many building owners won’t be capable of paying builders up front. This will undoubtedly leave many home and business owners with little recourse, even if the damage is technically covered by their policies. 

For help navigating property insurance claims in Florida, call Feinstein Real Estate Litigation & Business Law by dialing 954-767-9662.

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.  

Common Closing Problems

One of the most common problems that can occur is a problem with the title to the property. If there’s a problem with the title, it can delay the closing or even prevent the sale from going through altogether.

Another common issue is a problem with the appraisal. If the appraisal comes in low, it can cause the buyer to back out of the deal or the seller to lower their asking price. And then there are the myriad of other potential problems that can pop up, like a lien on the property, zoning issues, environmental concerns, or even hidden damage that wasn’t disclosed by the seller.

All of these matters can be frustrating and costly, but fortunately, they can usually be resolved with the help of an experienced real estate litigation attorney. 

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.

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).