contracts
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Curb Appeal or Curb Your Enthusiasm? Florida HB 1203’s Collision Course with the Contracts Clause
Florida’s House Bill 1203 (2024), which goes into effect on July 1, 2024, significantly impacts a slew of HOA laws. Despite its broad impact, in this post I’m going to focus on one particular aspect of the new legislation, which amends Florida Statutes § 720.3075 to address restrictions on homeowners parking work vehicles on their…
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Brave New World? Written Buyer Agreements in Florida Real Estate Transactions
The Industry Has Changed. We are now seeing the precise effects on the industry following the major National Association of Realtors lawsuit and settlement which I have previously written about. The first major change in the Florida real estate landscape is the creation and implementation of Buyer Agreements, which will soon be required when a…
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry
Yes… with a “B” On October 31, 2023, a federal jury in Missouri returned a verdict finding the National Association of Realtors (NAR) and several large brokerages liable for antitrust violations in a class-action lawsuit filed by home sellers. The case is Burnett et al v. The National Association of Realtors et al, U.S. District…
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What is an Estoppel Certificate?
An estoppel certificate is a document that provides statutorily-mandated information about a property owner’s account with their homeowners association (HOA). Estoppel certificates are governed by Florida Statutes Section 720.30851. One definition of the word “estoppel” means to preclude a person from asserting something contrary to what is implied by a previous action or statement of…
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FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of July 1, 2023
The Florida Realtors / Florida Bar (“FARBAR”) Residential Contract for Sale and Purchase and the “AS IS” Residential Contract for Sale and Purchase have been updated as of July 1, 2023. The new revised versions are identifiable by “6x” and “Rev. 7/23” notations towards the lower left-hand corner of each contract. The changes to both…
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Joseph Battaglia Secures Civil Judgment in Favor of Clients Following Two-Day Trial
The County Court in and for Manatee County, Florida has entered judgment in favor of a husband and wife represented by Lakewood Ranch attorney, Joseph Battaglia. The clients were sued by a local roofing company after the husband and wife withheld the final payment based upon defects in the roof’s installation. Prior to the lawsuit…
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AS-IS? As if. Florida Residential Real Estate Seller’s Property Disclosure.
On this Throwback Thursday we will look at an oldie-but-goodie opinion issued by the Florida Supreme Court. Specifically, we will look at the landmark case of Johnson v. Davis, 480 So. 2d 625 (Fla. 1986), a case which forever changed the expectations and duties placed upon sellers of residential property in Florida. Most of you…