7 Legal Pitfalls to Avoid When Buying Property

Buying property in Fort Lauderdale can be a profitable move—but without legal guidance, it can also be a minefield. A seasoned real estate attorney in Fort Lauderdale can help you avoid costly mistakes, delays, and disputes. Here are seven legal issues buyers must understand before signing a contract.

1. Failing to Review the Contract Thoroughly

Florida real estate contracts are not one-size-fits-all. Many buyers rely on standard forms, unaware of hidden clauses or obligations. Michael Feinstein reviews every detail—purchase price adjustments, inspection periods, escrow terms—to ensure the agreement reflects your interests and avoids post-closing surprises.

2. Overlooking Title Defects or Liens

Even luxury and waterfront properties can carry hidden legal baggage—unpaid taxes, HOA liens, or incorrect deed filings. Our legal team performs a full title examination and works to cure any defects before closing, so you don’t inherit someone else’s problem.

3. Ignoring Zoning Restrictions or Code Violations

Zoning laws in Fort Lauderdale are strict and change frequently. You could purchase a home only to find it’s not zoned for short-term rentals or has illegal additions. Feinstein Law investigates zoning, variances, and code compliance upfront.

4. Not Understanding Condo or HOA Rules

Buying in an association-managed property? Condo documents or HOA bylaws can severely limit how you use your property. From pet restrictions to renovation bans, our team reviews governing documents to flag red tape and liability risks.

5. Skipping a Proper Inspection Contingency

Without a strong inspection clause, you may be forced to accept costly repairs or lose your deposit. Feinstein Law structures contingencies that protect your rights while keeping your deal competitive.

6. Not Escrowing Properly or Mismanaging Deposits

Escrow disputes are common in South Florida. A real estate attorney in Fort Lauderdale ensures deposits are held by a neutral, trustworthy party and that funds are released per contract terms—avoiding litigation down the line.

Internal Link Placeholder: Escrow Dispute Representation

7. Closing Without Legal Representation

Buyers often assume title companies protect their interests—they don’t. At closing, Michael Feinstein ensures all documents are accurate, fees are justified, and final terms are honored. Our presence can stop last-minute changes or mischarges.

🏡 Why Legal Guidance Matters in Fort Lauderdale

The Fort Lauderdale market moves fast—and mistakes move even faster. Whether you’re a first-time buyer or an experienced investor, Michael L. Feinstein protects your property rights and maximizes your legal security.

📍 Contact Michael L. Feinstein

Feinstein Real Estate Litigation & Business Law
200 SE 18th Court, Fort Lauderdale, FL 33316
📞 (954) 767-9662
📩 Contact Us

Avoid the most common legal pitfalls and close with confidence. Schedule a consultation with a top real estate attorney today.

Questions to Ask Your Real Estate Contract Lawyer: Protect Your Interests

Entering a real estate transaction, whether it’s for a home purchase, commercial property investment, or lease agreement, involves legal complexities that require careful navigation. Working with an experienced real estate contract lawyer ensures that every aspect of your transaction is legally sound and protects your interests. However, knowing the right questions to ask your lawyer can make a significant difference in the quality of representation and the clarity of the process.

To help you prepare for your initial consultation, here are the essential questions to ask your real estate contract lawyer, along with why each question matters. These inquiries can help you gain a better understanding of your lawyer’s expertise, the transaction process, and the specifics of your contract.

1. What Experience Do You Have in Real Estate Contracts?

Real estate law is a specialized field that requires in-depth knowledge of local and state regulations, as well as familiarity with different types of contracts. Asking about your lawyer’s experience with real estate contracts provides insight into their ability to handle your specific needs, whether you’re dealing with a residential purchase, commercial lease, or construction contract.

Why This Matters:
Each type of real estate transaction has unique requirements, and an experienced real estate lawyer will know the nuances of drafting and reviewing specific contracts. A lawyer with extensive experience in your type of transaction is more likely to foresee potential issues and address them proactively.

2. What Aspects of the Contract Should I Be Most Concerned About?

Real estate contracts contain numerous provisions, but not all of them will have the same level of impact on your transaction. Your lawyer can help you focus on the most critical parts, such as contingency clauses, financing terms, inspection periods, and closing conditions.

Why This Matters:
Understanding the high-priority elements of your contract enables you to make informed decisions, negotiate effectively, and avoid issues that could complicate the transaction later on. A skilled lawyer will help you zero in on the most important details to ensure your interests are protected.

3. Can You Explain the Contract’s Contingency Clauses?

Contingency clauses protect your interests by allowing you to back out of the contract under certain conditions. Common contingencies include financing, appraisal, inspection, and title review. Your lawyer should review these contingencies with you, ensuring they are reasonable and provide adequate protection.

Why This Matters:
Without well-crafted contingencies, you could face serious financial risks if unforeseen issues arise. Your lawyer should confirm that each contingency aligns with your goals, offering you flexibility if something goes wrong in the transaction.

4. How Will This Contract Protect Me if the Other Party Breaches?

No one enters a contract expecting it to be breached, but it’s essential to be prepared. Ask your lawyer to explain how the contract protects you if the other party fails to meet their obligations and what legal remedies will be available to you in such a situation.

Why This Matters:
Understanding the protections within your contract can give you peace of mind and provide leverage if a breach occurs. A skilled lawyer will ensure the contract includes clauses that allow you to seek remedies such as specific performance, termination, or financial compensation.

5. Are There Any Terms I Should Negotiate?

Negotiating contract terms can improve the conditions of your deal, potentially saving you time and money or providing added protections. Your lawyer should review the contract for any terms that may be unfair, ambiguous, or that could be improved through negotiation.

Why This Matters:
Not all contract terms are set in stone. An experienced lawyer can identify negotiable elements, helping you secure a more favorable agreement. This is especially relevant in commercial leases, where negotiation can significantly impact your financial obligations.

6. How Does This Contract Comply with Florida Real Estate Laws?

Real estate transactions are governed by state and local regulations, so it’s important to confirm that your contract adheres to all applicable laws. Your lawyer should explain how the contract complies with Florida real estate laws, including requirements for disclosure, financing, and title transfer.

Why This Matters:
Ensuring legal compliance helps protect you from potential issues down the road. A contract that violates state laws can be rendered unenforceable, leaving you vulnerable to disputes or additional legal challenges. Your lawyer’s expertise in Florida real estate law provides you with the assurance that your contract meets the necessary legal standards.

7. What Costs Are Associated with This Transaction?

Real estate transactions involve a range of costs, including closing fees, inspection fees, taxes, and legal fees. Your lawyer should provide a breakdown of these costs, helping you understand your financial obligations and any expenses that may be negotiable.

Why This Matters:
Transparency about costs allows you to budget effectively and avoid unexpected expenses. Understanding all associated fees can also empower you to negotiate with the other party on covering certain costs, particularly in commercial leases or sales agreements.

8. How Will You Help with the Title Search and Title Insurance?

Title searches ensure that the property has a clear title, free of liens or legal claims. Title insurance offers protection against title defects that may arise after closing. Ask your lawyer how they will assist with the title search process and whether they recommend title insurance for added protection.

Why This Matters:
Uncovering title issues before closing is essential to avoid disputes and financial loss. Title insurance provides peace of mind and financial protection in case a defect or claim arises after the purchase. A lawyer who can assist with the title process will help safeguard your investment.

9. Can You Review the Zoning and Land Use Regulations for This Property?

Zoning and land use regulations determine how you can use the property, particularly for commercial real estate. Ask your lawyer if they can review these regulations and explain any restrictions or requirements that may affect your intended use of the property.

Why This Matters:
If you’re purchasing commercial property or planning to make improvements, it’s crucial to ensure that your intended use complies with local zoning laws. A lawyer’s review of zoning regulations can help you avoid legal issues or limitations on your use of the property.

10. What Will You Do If Issues Arise During the Transaction?

Real estate transactions can sometimes encounter unforeseen issues, such as financing delays, inspection surprises, or legal complications. Ask your lawyer about their plan for handling any problems that may arise and how they will keep you informed throughout the process.

Why This Matters:
Knowing your lawyer’s approach to problem-solving can help you feel more confident during the transaction. A proactive, communicative lawyer will work to resolve issues efficiently, minimizing disruptions and keeping you on track toward a successful closing.

11. How Will You Keep Me Informed Throughout the Process?

Communication is key in any legal matter, and real estate transactions are no exception. Ask your lawyer how they will keep you updated, what methods they prefer for communication, and how often you can expect to hear from them.

Why This Matters:
Regular communication helps you stay informed and avoid unnecessary stress. Clear expectations about communication frequency and methods will ensure you’re comfortable with the process and able to make timely, informed decisions.

Final Thoughts: Choosing the Right Real Estate Contract Lawyer

The right real estate contract lawyer can be a valuable asset, protecting your interests and helping you navigate the complexities of your transaction. By asking these questions, you’ll gain a deeper understanding of the contract and your lawyer’s approach, ensuring that you’re well-prepared for each stage of the transaction.

In Fort Lauderdale’s real estate market, having a knowledgeable and experienced lawyer can make all the difference. If you’re entering a real estate contract, take the time to consult with a qualified attorney who can guide you confidently through the process.

Resolving Broker Commission Disputes In South Florida

In South Florida real estate, broker commission disputes are not uncommon. These disagreements can arise from various situations and can significantly impact the financial well-being and professional relationships of those involved. Understanding the causes of these disputes and knowing how to handle them effectively is important for brokers and agents alike.  Let’s explore the common causes of broker commission disputes, steps to resolve them, and how a Real Estate Litigation Lawyer can help you in achieving a fair outcome.

Common Causes of Broker Commission Disputes

Broker commission disputes can arise from a variety of scenarios, including:

1. Non-Payment of Commissions

One of the most common disputes occurs when a broker or agent fails to receive their agreed-upon commission after a transaction closes. This can happen due to oversight, miscommunication, or intentional withholding by the party responsible for payment.

2. Disputed Commission Splits

Disagreements over how commissions should be split between brokers or agents often lead to disputes. This can be especially contentious in situations involving co-brokering, referral fees, or when multiple agents are involved in a single transaction.

3. Breach of Contract

A breach of the commission agreement can occur if one party fails to adhere to the terms set forth in the contract. This can include failure to perform specific duties, violating non-compete clauses, or misrepresenting services.

4. Unclear Commission Agreements

Ambiguities in commission agreements can lead to misunderstandings and conflicts. Vague terms or the absence of a written agreement can result in differing interpretations of who is entitled to what portion of the commission.

5. Dual Agency Conflicts

In dual agency situations, where a broker or agent represents both the buyer and the seller, conflicts over commission entitlement can arise. This is due to the inherent conflict of interest and the potential for perceived favoritism.

Steps to Resolve Broker Commission Disputes

Resolving commission disputes promptly and fairly is essential to maintaining professional relationships and avoiding prolonged litigation. Here are the steps to take when faced with a commission dispute:

1. Review the Agreement

The first step is to thoroughly review the commission agreement or contract. Understanding the specific terms and conditions outlined in the agreement is crucial in determining the validity of the dispute.

2. Gather Evidence

Collect all relevant documentation, including emails, correspondence, transaction records, and any other evidence that supports your claim. This evidence will be essential in building your case.

3. Attempt Mediation

Mediation is a valuable tool for resolving disputes without resorting to litigation. A neutral third party can help facilitate a fair resolution by encouraging open communication and negotiation between the parties involved.

4. Consult with an Attorney

If mediation fails or is not an option, consulting with an experienced real estate attorney is essential. An attorney can provide legal advice, negotiate on your behalf, and represent you in court if necessary.

5. File a Legal Claim

As a last resort, filing a legal claim may be necessary to resolve the dispute. This involves taking the matter to court, where a judge will determine the outcome based on the evidence presented.

The Role of Legal Assistance

Legal assistance plays a crucial role in resolving broker commission disputes. An experienced real estate attorney can:

• Provide Expert Advice: An attorney can assess the merits of your case and provide guidance on the best course of action.
• Draft Clear Agreements: Ensuring that commission agreements are clear and comprehensive can prevent disputes from arising in the first place.
• Negotiate Settlements: Attorneys can negotiate on your behalf to reach a fair settlement without the need for litigation.
• Represent You in Court: If litigation is necessary, an attorney will represent your interests and present a compelling case to the court.

Broker commission disputes can be stressful and contentious, but with the right approach, they can be resolved fairly and efficiently. By understanding the common causes of these disputes, taking proactive steps to address them, and seeking legal assistance when necessary, brokers and agents can protect their interests and maintain positive professional relationships.

If you’re facing a broker commission dispute, don’t try to manage it alone. Contact Feinstein Real Estate Litigation & Business Law for trusted legal support. Our experienced attorneys are dedicated to helping you resolve disputes efficiently and effectively. Reach out to us today for a consultation and let us help you achieve a favorable outcome.

Feinstein Real Estate Litigation & Business Law
501 East Las Olas Blvd., Suite 300,
Fort Lauderdale, FL 33301
Phone: 954-767-9662
Fax: 954-525-4300
Website: feinsteinlaw.net

Business Litigation Attorney Near Me: Finding Expert Legal Support

Business disputes can escalate quickly in South Florida, threatening the stability and profitability of your company. When these conflicts arise, having a trusted business litigation attorney nearby can make a significant difference in resolving issues efficiently and effectively. If you’re in the Fort Lauderdale area, Feinstein Real Estate Litigation and Business Law offers unparalleled expertise in navigating complex business disputes.

The Importance of a Local Business Litigation Attorney

Choosing a local business litigation attorney offers numerous advantages. Proximity allows for more personal interaction and better understanding of the regional business landscape. Here are key reasons to choose a nearby attorney:

• Accessibility: Frequent, face-to-face meetings facilitate better communication and understanding of your case.
• Local Knowledge: Local attorneys have a deep understanding of the regional legal environment and business community.
• Timely Response: Being nearby ensures that your attorney can respond quickly to urgent matters.
• Community Connections: Local attorneys often have established relationships with local courts and other legal professionals, which can be beneficial for your case.

What Does a Business Litigation Attorney Do?

A business litigation attorney specializes in resolving disputes through legal proceedings. Their role encompasses a variety of responsibilities aimed at protecting your business interests, including:

• Legal Counseling: Providing expert advice on the best course of action in a dispute.
• Drafting Legal Documents: Preparing necessary legal paperwork to support your case.
• Negotiation: Attempting to resolve disputes through settlements to avoid lengthy litigation.
• Litigation: Representing your business in court, presenting evidence, and arguing your case.
• Post-Judgment Enforcement: Ensuring that court decisions are enforced and any awarded damages are collected.

Common Business Litigation Issues

Business litigation can involve a wide range of disputes. Understanding these common issues can help you identify when you need legal assistance:

• Breach of Contract: Disputes over terms, performance, and enforcement of business agreements.
• Partnership and Shareholder Disputes: Conflicts among business partners or shareholders regarding control, profit distribution, and company management.
• Employment Litigation: Issues such as wrongful termination, discrimination, and wage disputes between employers and employees.
• Intellectual Property Disputes: Legal conflicts involving trademarks, patents, copyrights, and trade secrets.
• Commercial Real Estate Disputes: Disagreements over property transactions, leases, and development projects.

How Feinstein Real Estate Litigation and Business Law Can Help

Feinstein Real Estate Litigation and Business Law offers comprehensive legal services tailored to meet the needs of businesses facing litigation. Here’s how their experienced attorneys can assist you:

• Case Evaluation: Conducting thorough assessments of your situation to determine the best legal strategy.
• Evidence Gathering: Collecting and preserving crucial evidence to support your case.
• Strategic Planning: Developing detailed legal strategies aimed at resolving disputes favorably.
• Aggressive Representation: Providing strong courtroom advocacy to protect your business interests.
• Settlement Negotiation: Leveraging negotiation skills to achieve favorable settlements without resorting to court.

Steps to Take When Facing Business Litigation

If you find yourself in the midst of a business dispute, taking the following steps can help safeguard your interests:

1. Consult a Business Litigation Attorney: Seek legal advice immediately to understand your rights and options.
2. Document All Interactions: Maintain detailed records of all communications and transactions related to the dispute.
3. Preserve Evidence: Ensure all relevant documents and evidence are preserved and readily accessible.
4. Attempt Amicable Resolution: Consider negotiation or mediation to resolve the dispute without litigation.
5. Prepare for Court: If litigation is unavoidable, work closely with your attorney to build a strong case.

Why Feinstein Real Estate Litigation and Business Law?

Feinstein Real Estate Litigation and Business Law in Fort Lauderdale is committed to providing exceptional legal support for business litigation cases. Here’s why they are the right choice for your business:

• Extensive Experience: The firm’s attorneys have a proven track record in handling complex business litigation.
• Client-Centered Approach: They offer personalized legal solutions tailored to each client’s unique needs.
• Strategic Insight: The firm’s strategic approach ensures that all aspects of your case are thoroughly considered.
• Local Expertise: As a Fort Lauderdale-based firm, they possess an in-depth understanding of the local business and legal environment.
• Dedicated Support: The team is dedicated to achieving the best possible outcomes for their clients.

FAQ: Business Litigation Attorneys Near Me

Resources for Business Litigation in Fort Lauderdale

Here are some local resources to assist you with business litigation

Business litigation can be a complex and stressful process, but with the right legal support, you can navigate these challenges effectively. Feinstein Real Estate Litigation and Business Law in Fort Lauderdale offers the expertise and dedication needed to resolve your disputes and protect your business interests. Whether through negotiation, mediation, or litigation, their team is committed to achieving the best possible outcome for you. If you’re facing a business dispute that requires legal intervention, don’t hesitate to seek their professional advice and representation.

Discovery is a critical phase in complex commercial litigation that allows parties to gather and exchange information relevant to the case. It is a process of uncovering evidence, evaluating the strengths and weaknesses of each party’s claims, and preparing for trial. However, navigating discovery can be complex and time-consuming, requiring strategic planning and efficient execution. In this blog post, we will demystify the discovery process in complex commercial litigation, discussing best practices and efficient techniques to help attorneys effectively manage this crucial stage.

I. Understanding the Discovery Process in Complex Commercial Litigation

The discovery process can vary depending on the jurisdiction and specific case, but it generally involves the following key elements:

1. Initial Disclosures:
   • Identifying the parties involved and providing relevant documents and information.
   • Exchanging information regarding potential witnesses and expert testimony.
2. Document Production:
   • Strategically identifying and requesting relevant documents from the opposing party.
   • Reviewing and organizing the received documents for analysis and potential use as evidence.
3. Interrogatories and Requests for Admissions:
   • Submitting written questions to the opposing party to clarify facts or seek admissions.
   • Reviewing and responding to interrogatories and requests for admissions from the opposing party.
4. Depositions:
   • Conducting oral examinations of witnesses under oath.
   • Preparing for and defending depositions to elicit valuable information and assess witness credibility.

II. Best Practices for Efficient Discovery in Complex Commercial Litigation

To ensure a smooth and efficient discovery process in complex commercial litigation, attorneys can follow these best practices:

1. Early Case Assessment:
   • Conducting a thorough analysis of the case to identify key issues, potential evidence, and relevant witnesses.
   • Developing a discovery plan tailored to the specific needs of the case.
2. Effective Communication and Cooperation:
   • Maintaining open lines of communication with opposing counsel to streamline the discovery process.
   • Cooperating in good faith to narrow down and prioritize discovery requests, reducing unnecessary disputes and delays.
3. Technology-Assisted Discovery:
   • Utilizing advanced legal technology tools for document review, keyword searching, and data management to streamline the discovery process.
   • Employing e-discovery techniques to efficiently process and analyze electronic documents, reducing time and costs.

III. Feinstein Real Estate Litigation & Business Law: A Trusted Brand in Complex Commercial Litigation

When it comes to complex commercial litigation, one name that stands out is Michael L. Feinstein, a renowned attorney specializing in real estate litigation and business law. With a wealth of experience and expertise in handling complex disputes, Michael L. Feinstein and his firm, Feinstein Real Estate Litigation & Business Law, have built a strong reputation for their commitment to client success and effective litigation strategies.

• Deep Understanding of Complex Commercial Litigation:
  • Michael L. Feinstein and his team possess in-depth knowledge of the complexities involved in commercial litigation, allowing them to navigate the discovery process with precision and efficiency.
• Tailored Approach to Discovery:
  • Recognizing the unique aspects of each case, Feinstein Real Estate Litigation & Business Law develops a customized discovery strategy to uncover critical evidence and support clients’ positions effectively.
• Cutting-Edge Technology Integration:
  • The firm leverages state-of-the-art legal technology tools to enhance the discovery process, ensuring a comprehensive and cost-effective approach.
• Track Record of Success:
  • With a track record of successful outcomes in complex commercial litigation cases, Michael L. Feinstein and his firm have earned the trust and respect of clients and peers alike.

Conclusion:

Demystifying the discovery process is crucial for attorneys involved in complex commercial litigation. By following best practices and employing efficient techniques, attorneys can effectively manage discovery, gather essential evidence, and prepare a strong case for trial. When faced with complicated commercial litigation, the reputable firm of Feinstein Real Estate Litigation & Business Law, led by Michael L. Feinstein, is prepared to offer clients excellent legal counsel and help them navigate the complexities of the discovery process, resulting in favorable outcomes.

Homeowners in Valencia Bay, Florida have filed a lawsuit against the Valencia Bay Homeowners Association for the planned removal of more than 300 oak trees throughout the community. Members of the HOA were notified on May 4th, 2022 that the removal was set to begin later in the month and be completed by July 2022. The HOA was not clear as to why it intended to have the trees removed or what problem the trees posed that necessitated their removal. 

HOA Targets Oak Trees Only a Few Years Old 

When the Valencia Bay neighborhood was planned and built by GL Homes just a few years ago, the oak trees were brought in and planted. They have not yet reached maturity and require ongoing maintenance, which can be expensive. Area homeowners suggest this may be the reasoning behind the shift. They contend that landscaping is a native part of running an HOA and an appropriate amount of annual fees paid into the organization should be reserved for lawn and garden care. 

Lawsuit Fires Back 

In the lawsuit, homeowners point out the many benefits the trees have for the community. “The Association intends to remove 212 Oak Trees located on individual privately owned lots and 131 oak trees located in the common areas. The subject oak trees beautify the community, provide a common character for the community which strengthens property values, provide shade and relief from the heat of Florida summers, and serve as nesting shelters for many native birds, including the mockingbird.”

It’s currently unknown how many homeowners have joined the lawsuit, but at least one will be represented. The lawsuit also alleges that the HOA violated Palm Beach County law by failing to file a Vegetation Remove and Replacement form. 

Comprehensive Legal Representation for South Florida Real Estate Disputes 

If you are involved in a real estate dispute with an HOA as a property owner, it’s important to secure adequate legal representation to defend your best interests. The HOA likely has access to good legal resources, which can be difficult to go up against on your own. 

Feinstein Real Estate Litigation & Business Law is an experienced Florida litigation firm that can help you protect the value you’ve invested in your property. Call today to book an appointment for a consultation in our comfortable Fort Lauderdale office by dialing 954-767-9662.

Governor Ron DeSantis of Florida (R) has convened a special legislative session to discuss proposals to make property insurance more affordable within the state. Continue reading to learn about the property insurance in Florida and how an experienced real estate litigation attorney can help you overcome ownership, construction, and insurance disputes should they arise. 

DeSantis Calls For May Legislative Session 

DeSantis has scheduled a special session in a pronouncement to address a variety of concerns regarding the state’s current insurance industry. DeSantis is considered a major contender for the Republican presidential nomination in 2024. The special session in Florida will begin on May 23rd and go through May 27th. 

Issues At Hand Described By the DeSantis Administration 

Per DeSantis’ administration, the issues that will be brought forth during the special session include allegedly “frivolous” lawsuits. Although Florida only constitutes 9% of the nation’s total number of homeowners’ insurance claims, it accounts for a staggering 79% of the country’s homeowners’ insurance lawsuits. Other issues to be addressed include $2B in underwriting losses over a two-year period and the bankruptcy of four homeowners’ insurance providers. The state will also decide if it should act to stabilize the insurance market as a whole.  

Assured Research Makes a Statement 

“The order doesn’t mention the possible downgrade of ‘a number of companies’ as dominant. But we suspect the downward spiral of the publicly traded parent of FedNat Insurance Company following its April downgrade to ‘S’ (Substantial) from ‘A’ (Exceptional).” The company continued, stating that “if a substantial hurricane makes landfall in FL this season the problems could be worse, though we suppose the state could leverage its public finance mechanisms (e.g., a bond issuance or tapping the FHCF in creative ways) to make homeowner’s whole – it is an election year for the FL Governor, after all.”

How to Get Help Fighting a Real Estate or Insurance Dispute In Florida  

Are you involved in a real estate or insurance dispute in South Florida? Don’t hesitate to get the legal representation you need to ensure the outcome of your case is successful. Reach out to Florida real estate litigation law firm Feinstein Real Estate Litigation & Business Law at 954-767-9662 today for a consultation to discuss the specifics of your case. We can help protect your Florida business and real estate holdings under the law and to the best of our abilities. 

Coldwell Banker Real Estate Agent Sued After Double-Ended South Florida Sale

Barry Cohen and his wife made a generous offer for a waterfront South Florida home located in Sarasota on West Royal Flamingo Drive after falling in love with the property during a real estate showing. Even though their offer was $400,000 over the asking price, another bidder’s offer was accepted, prompting Barry to visit the homeowner and ask what had happened. 

Real Estate Agent Obscures Best Offer 

The owner and Barry Cohen soon discovered that Roger Pettingell, a real estate agent with Coldwell Banker, had acted as the transaction broker for both the owner and the winning bidder. In order to make the offer of the bidder for whom he served as a broker look more attractive to the homeowner, Pettingell was allegedly dishonest and hid information about the other offers to sway the owner’s decision. 

This proved effective since the owner of the property did not know that Cohen’s offer was the highest and that he volunteered to waive the inspection. As a result, the owner accepted a lower offer, not having been provided all offers in writing by Pettingell.  

Coldwell Banker Sued After Agent Collects Double Commission  

Acting as the transaction broker for the owner and winning bidder allowed Pettingell to collect a 6% commission on the sale, versus the 3% he would have collected had he only served as the broker for the owner. This totaled $276,000 or more than a quarter-million dollars on a single sale. 

Pettingell is now named as a defendant in a lawsuit against himself and Coldwell Banker, which alleges that Pettingell failed to meet his obligations to present all offers to the seller equally, in writing, in order to manipulate the seller into selecting the buyer whom Pettingell also represented. 

Get Help from a Real Estate Litigation Attorney Today 

In Florida, a real estate agent cannot represent both the buyer and seller of a property. However, the law allows agents to get around this by acting as a transaction broker for both. In situations like this, unscrupulous real estate professionals can take advantage of both buyers and sellers to collect a double commission. 

Get help with your real estate dispute from an experienced South Florida litigation attorney by contacting Feinstein Real Estate Litigation & Business Law at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton), or 305-728-5267 (Miami). Our legal team is available now to assist you.

Garage Design Snag Stalls Billionaire Cohen’s West Palm Point Office Building Proposal

The 10-story parking garage redesign for the already 23-story office building proposal was opposed by Palm Beach commissioners, prompting Cohen’s legal counsel to tease litigation. 

Wealthy investor Charles Cohen is vying to have the construction of a 23-story office building in downtown West Palm Beach approved by the city. However, a redesign of the 10-story garage was rejected by city commissioners, further delaying the start of the project. 

At the beginning of November, West Palm Beach city commissioners opted to postpone their decision on a design plan offered by Cohen for the West Palm Point development for the third time without adequate reasoning.  

The West Palm Point Development 

Cohen’s West Palm Point development is estimated to be worth more than $100 million. It will include 430,374 square feet of flexible office space, a 480-square-foot café on the roof, and 16,630 square feet of commercial and retail space on the first floor. 

Pelli Clarke Pelli Architects was chosen as the project’s design team as required by the city. Pelli Clarke Pelli changed its concept of the 1,195-space parking structure for the development by including a wall of organic greenery to obscure the building and make it look less like a parking garage. 

Multiple Delays By Palm Beach Commissioners

At the city’s sessions on Sept. 20 and Oct. 28, officials postponed voting on the proposed West Palm Point development. Cohen’s construction and design team thought that the renovated carpark would help create support for six zoning exemptions needed for the project but was initially rejected by the municipal administration. 

The redesigned parking structure, however, did not satisfy municipal commissioners. They continued to request a “parking garage that doesn’t look like a parking garage,” per commissioner Kelly Shoaf. The vote has been further postponed until their next session on December 13, 2021, due to a unanimous vote made during the early November meeting.

The attorney speaking on behalf of project management for the West Palm Point development says, “We’ll work as best we can to try to make something happen, so we don’t have to end up in a lawsuit, because that’s the only other option. We don’t want to go there. But I don’t know how to answer the question of what it should look like, and I’m worried we’re not going to be able to truly do that.” 

Involved In Real Estate Litigation? Get Help From an Experienced Palm Beach, Florida Lawyer 

Feinstein Real Estate Litigation & Business Law has the skills and expertise needed to provide your business with comprehensive legal representation during a construction dispute. Call now at 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).

Champlain Towers South, a 12-story oceanfront condo in Surfside, Florida, just outside of Miami, partially collapsed on June 24, 2021 at 1:25 a.m. The devastating collapse resulted in 97 confirmed deaths and 11 injuries, making it one of the most fatal in U.S. history.   

What Caused the Champlain Towers Collapse? 

The Towers are believed to have collapsed due to water penetration in the steel-reinforced concrete support beams in the underground parking garage and an investigation is ongoing.  The problems were first detected in 2018, and by April 2021, they had not been addressed and had worsened.  

Prior to the collapse, Champlain Towers received approval of a $15 million project to make repairs, however no major structural work had been done at the time of the collapse. Sinking ground levels coupled with insufficient steel reinforcement within the concrete beams, and construction negligence are all considered factors in the collapse. 

Why Property Claims Will Likely Be Paid Before Civil Suits 

Michael Hanzman, a Miami-Dade judge, spoke at an open hearing on July 16 about the numerous claims that would be made against Champlain Towers and the monumental task of awarding compensation to those who were affected by the Towers’ careless construction. 

Unfortunately, the building was underinsured at the time of the collapse and likely will not have enough assets to fairly compensate all parties impacted by the event for loss of life and property. Because the building had more property insurance, construction litigation claims are likely to “trump” other civil suits, like personal injury and wrongful death, explained Judge Hanzman. 

Did You Suffer Damages In the Surfside Tower Collapse? We Can Help 

If you suffered property or other damages as a result of the Champlain Towers collapse, you may have the option to bring forward a lawsuit against the owners and managers of the building for improper construction. However, with so many lawsuits already being levied against the Towers, it’s important to act quickly. 

Although the investigation is currently ongoing at the time of writing, experts weighing in are already suggesting that the case for negligence is clear, particularly due to the fact that a sizable sum of money had been obtained for repairs but had not yet been used. 

Contact Feinstein Real Estate Litigation & Business Law for a consultation to find out if you may have a claim for compensation by calling 954-767-9662 (Fort Lauderdale), 561-981-6212 (Boca Raton,) or 305-728-5267 (Miami).