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Articles Posted in #MiamiRealEstateLawyer

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Understanding Florida’s Commercial Real Estate Sales Commission Lien Act

By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Pursuant to Florida’s Commercial Real Estate Sales Commission Lien Act, a commercial broker has a lien upon the owner’s net proceeds from the sale of commercial real estate for any commission earned by the broker under a…

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Are You Entitled to Receive a Real Estate Commission?

Daniel Pascale By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL As the amount of South Florida real estate transactions continue to reach new records, real estate brokers and agents find themselves in more and more commission disagreements.  As such, we thought it would be…

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Is Your Real Estate Transaction Subject to FIRPTA Tax Withholding?

By Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL What is FIRPTA? The Foreign Investment in U.S. Real Property Tax Act of 1980 (“FIRPTA”) was enacted to ensure that foreign investors are taxed on the gains from the disposition of their U.S. real property investments. …

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Florida Real Estate Case Law Updates

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Estate by entirety.  A deed was to an undivided 98 percent interest and H and W, husband and wife, as to an undivided two percent interest, creates an estate by the entirety in the two percent…

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What are the Benefits of a Florida Land Trust?

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Florida Statute 689.071 creates an entity known as a Florida Land Trust. A Florida Land Trust is a device by which real estate is conveyed to a trustee under an arrangement reserving for the beneficiaries the…

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Condo & HOA Disputes

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Condominiums offer a long list of benefits to those who opt to reside in them. Condominium unit owners have the advantage of owning property without the hassle of property maintenance, repairs, and security concerns. Condos are…

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Construction Disputes & The Doctrine of Substantial Performance

By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL As the South Florida real estate market continues to heat up, construction disputes are once again becoming a common occurrence in Miami-Dade, Broward and Palm Beach County. The Doctrine of Substantial Performance While a party’s legal rights…

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Standard Florida Real Estate Contract (Part 2 of 2)

By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Here is Part 2 of the new FAR-BAR Contract blog post: Buyer Closing Costs Paragraph 9(b) offers a list of closing costs to be paid by the buyer.  The owner’s title policy premium has been added as…

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Standard Florida Real Estate Contract (Part 1 of 2)

By: Dan Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL The Florida BAR and Florida Association of Realtors recently adopted a new standard real estate contract.  Because the new “FAR-BAR” contract will control the majority of residential real estate transactions in Florida, it is important to understand…

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Is a Verbal Option to Purchase Real Estate in Florida Enforceable?

By: Daniel T. Pascale, Esq. Offices located in Delray Beach and Coral Gables, FL Consider a scenario where you have been leasing a residential property in Miami on a month-to-month basis for a little over a year but would like the eventual opportunity to purchase the property.  Over the course…

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