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In a previous post, we established an over-arching general understanding of Partition Actions and their applications.  Now let’s investigate some of the details of common Partition Actions.

As with every facet of the justice system, proper procedure is a must in all court filings for Partition Actions.  As detailed in Florida Statute 64.041, the initial Complaint in a Partition Action must include the following:

• A legal description of the property in question;

Earlier this month, Florida Power and Light (FPL) was issued a stunning legal defeat when a $1.5 million dollar judgment was issued against the company for breaking a handshake agreement for the purchase of real estate.  A Palm Beach County jury handed down the decision after finding that the energy giant failed to pay a commission to the realtor who initially informing them of the available tract of land for development.  According to the court file, the Plaintiff and a representative of FPL met at a Parent’s Weekend function their respective children’s university where they discussed the availability of a tract of land for purchase by the company and the subsequent commission to be paid to the Plaintiff should FPL indeed purchase the land.  Subsequently, FPL purchased the land and did not honor the commission, culminating in the court’s decision which provides a textbook example of the validity of handshake/verbal agreements and the difficulty encountered when trying to enforce them in court.

Although there are certain instances where only a written contract is enforceable, for a contract to be valid in the State of Florida, there must be an offer and an acceptance of that offer in exchange for consideration — i.e., money, services or goods that have value — and this includes handshake agreements.  Obviously, the difficulty in court enforcement of a handshake agreement lies with the Plaintiff, who must establish the burden of proof required to establish an agreement was ever present in the first place.  In most situations, a verbal contract is a binary discussion between two parties and there are no additional witnesses to the agreement.  In this matter, the Plaintiff was fortunate to have made the agreement in a very public setting that afforded a number of witnesses, all of whom had to be deposed.  Additionally, the Plaintiff was able to provide phone and email records to indicate his attempts to contact the FPL representative on this very matter.  These proved to be compelling verifications of the Plaintiff’s argument in the eyes of the jury.

Given the private nature of most handshake agreements, proving them in court is an uphill battle, but the above example is definitive proof that even major corporations can run afoul of contract law in certain situations.  The importance of corroborating witnesses is plainly evident — in the case of written agreements the witness is the contract itself, but in the case of a handshake agreement one must rely on additional parties to prove its existence.  At ESQ.title we stress the importance of written agreements — be it a lease, purchase/sales contract, invoice for services, etc., the safest route is to get everything in writing and agree to nothing unless it is written on the page.  However, if you believe you have been wronged in the execution of a handshake agreement, we urge you to contact our office to discuss the matter.  Here at ESQ.title, we pride ourselves on our ability to protect and advocate on behalf of our clients and to relentlessly pursue their interests — it’s what makes us South Florida’s premier real estate law firm!  Call us for a consultation and see what we can do for you!

In Florida, as in many other states, properties that fall into arrears on delinquent taxes may eventually be sold at public auction by the county in which they are located.  The process by which this occurs, called a Tax Deed Sale, is detailed in Chapter 197 of the Florida Statutes and can be a little daunting to read through.  We here at ESQ.title have years of experience representing clients in Tax Deed Sales; the following is a short overview to help you get acquainted with the reasons for and processes of these unique real estate transactions.

First, as the name suggests, a Tax Deed Sale is performed to recoup unpaid taxes on real estate properties.  Properties cannot be sold until a number of prior requirements are met and deadlines passed at which time the holder of the Tax Lien Certificate against the property may file to force a public auction of that property.  This is what is referred to as a Tax Deed Sale.

A Tax Deed Sale extinguishes most liens against a property and prioritizes those held by municipalities and counties, which again stands to reason when you consider that the main motivation for a Tax Deed Sale is to pay delinquent taxes.  However, there is still some issue regarding which liens and debts against a property are still applicable after the sale.  As such it is of paramount importance that proper notice be given to the legal titleholder of record and all lienholders, including mortgage companies, and failure to comply with these notice requirements can result in the sale being voided.  Because there is often some questions as to the chain of ownership for Tax Deed Sale properties, purchasers commonly file Quiet Title Actions to permanently “quiet” – or eliminate – all claims to a property’s title.

Most people never hear of a Quiet Title action until they’re in the midst of one.  Here at ESQ.title one of our main focuses is Quiet Title actions.  Because we believe that an ounce of prevention is worth a pound of effort, the following is an overview of Quiet Title actions in the State of Florida.

What is a Quiet Title Action?

A Quiet Title action is a civil lawsuit brought in the circuit court to “quiet” any and all claims on a piece of real estate.  Essentially, Quiet Title actions are intended to establish an individual’s right to ownership of real property against one or more adverse claimants.  In other words, Quiet Title establishes who the true owner of a property is and resolves all issues, or “clouds” from the title.  These cases are filed in Circuit Civil court.

By: Alejandro E. Jordan, Esq.

Due Diligence Checklist for Commercial Real Estate Transactions in South Florida

Commercial real estate investments in south Florida can provide lucrative returns when they are selected and managed properly. Rather than just rushing into a transaction, an investor will be more likely to realize those returns if he follows a due diligence checklist on commercial real estate transactions in Miami and anywhere else in the State of Florida. The key items on that checklist are as follows:

• ACQUISITION DOCUMENTS

Both Purchaser and Seller must confirm that they are satisfied with the purchase contract and all ancillary documents, including corporate authorizations and approvals, escrow agreements, and disbursement instructions.

• TITLE AND ZONING

The transaction should not close until the Purchaser has reviewed the title policy and any applicable surveys, and has concluded that no exceptions will preclude him from acquiring a clean title to the commercial real estate.

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