Real Estate Law

How do judges appoint an umpire in an appraisal? Most appraisal clauses say words to this effect: If the appraisers do not agree on the selection of an umpire within 15 days, they must request […]

The U.S. Department of the Interior (DOI) anticipates proposing a new rule that would revise its “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive […]

Some states seem to be indicating that public adjusters act as fiduciaries for their policyholder clients. For example, Kentucky states that all adjusters “shall act in a fiduciary capacity on […]

Colorado Division of Insurance (DORA) Commissioner Michael Conway has issued a new request to homeowners insurance companies to extend Additional Living Expenses (ALE) benefits for those affected by […]

A condominium made a claim arguing that unstable excavation material, which became heavy enough due to spring runoff, fell down a mountainside, causing damage to the condominium.1 The condominium […]

Property insurance adjusters sometimes ask me whether a loss comes within the “specified perils” coverage of the policy. What does “specified perils” mean?  When one goes to the […]

Dear Residents of Tree Oasis, I hope this blog post finds you in good humor, as it is with great delight that I address a matter of utmost importance to Florida residents and others residing amongst […]

When an insured incurs expenses to prevent a potential loss, a situation arises that raises equitable and traditional insurance principles versus language not found in non-marine property insurance […]

As we gather around our tables this Thanksgiving, adorned with the traditional spread of turkey, stuffing, and pumpkin pie, it’s a time to reflect on what we are truly grateful for. For many of us, […]

Do you remember the post, Church Mutual Found To Be Systematically Underpaying Claims By a Federal Judge and Engle Martin Grossly Underestimated the Loss? Guess who was found guilty of engaging in […]

Consider a scenario where a structure, such as a brand new home, is completely destroyed by a fire just a day after the homeowner moves in. In this instance, the replacement cost, which undeniably […]

It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the […]

Due to the rapidly increasing amount of data generated and consumed on the internet, an opportunity exists for commercial real estate investors, lenders, developers, green energy providers and others […]

Our latest roundup includes two large flood control projects in New Jersey, how residential REITs could benefit from higher interest rates, how the downfall of WeWork could cause expansive collateral […]

On October 23, 2023, colleague Andrew Weiner and Kevin Gaunt, counsel at Hunton Andrews Kurth, examined the Corporate Transparency Act (CTA), effective Jan. 1, 2024, and its impact on real estate […]

Earlier this year, we wrote about the surging popularity of women’s soccer in the United States, and how the sport’s growth promised to open exciting new investment opportunities in markets […]

In our latest roundup, Netflix announces plans to open brick-and-mortar locations, NYU develops a way to examine buildings using drones, robots and AI, distressed U.S. commercial real estate hits a […]

In our latest roundup, EV charging stations become more prevalent at commercial locations, home ownership becomes more difficult for younger Americans, Macy’s announces plans to build additional […]

In our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 […]

With the success of the Chandrayaan-3 this August, India became the fourth country to land a spacecraft on the moon. Improved fabrication methods like 3D printing, plus larger-scale production of […]

Non-payment Evictions Put On Hold Until Tenant RAFT Applications Are Denied/Approved Ignoring strong opposition from property owners, the Legislature and Gov. Healey have re-enacted a Covid-19 era […]

If you are a homebuyer seeking a mortgage and the house you contract for appraises for less than the actual contract price, you need to fully evaluate whether to waive the so-called appraisal gap. […]

As Hurricane Idalia heads for Florida’s Gulf Coast, some property owners, developers, construction industry professionals, and other building permit- and authorization-holders may be eligible for […]

We are in a percolating real estate cycle which is clearly symbiotic with the economy. For some, the economy is going quite well. For example, those who have 401(k)s are generally impressed with how […]

Are you a seller willing to provide a mortgage to a prospective home purchaser? Or, are you a residential home purchaser able to purchase a home for full price or even a higher offer and seek […]

Why Is the Housing Market So Sluggish? There is a critical shortage of homes causing a weak housing market. Sales of pre-owned homes dropped 3.3% in June from May, and 18.9% lower than from June of […]

Section 252.363(1)(a), Florida Statutes (2023), as amended by Section 4, Chapter 2023-304, Laws of Florida (SB 250, which applies retroactively to September 28, 2022 and which was signed into law […]

As of July 1, 2023, Florida’s recently enacted legislation, SB264, restricts certain foreigners from buying or owning  Florida real estate. Specifically, the new law, codified in Florida Statutes […]

On May 8, 2023, Governor Ron DeSantis signed into law Senate Bill 264, creating Part III of Chapter 692 (692.201-692.205) of the Florida Statutes “Conveyances to Foreign Entities”. This new law […]

Many homeowners may have taken second mortgages, including home equity lines of credit, on their homes years ago, and thought that the underlying mortgage debt for such loans was forgiven. Other […]

This article explains the importance of Florida quitclaim deeds, often used to transfer ownership interest in a property.

Cash offers on homes have increased substantially over the last few years. In 2022, according to Redfin, 30% of all home sales were paid with all cash with 64% of all $1 million plus sales in Palm […]

The Live Local Act is Florida’s response to the housing crisis affordable legislation, designed to provide developers with substantial tax breaks and hundreds of millions of dollars in funding. On […]

New Rules Aimed At Reducing Pandemic Era Case Backlogs and Delays Are the old days of packed Thursday morning summary process sessions coming back? They just may be. With the expiration of a pandemic […]

As the global economic landscape continues to devolve, it is crucial to draw upon the lessons learned from previous financial crises, much like Marty McFly’s thrilling time travel experiences in […]

While there still are residential home buyers waiting to buy until mortgage rates lower and with home appreciation prices slowing, there are nevertheless opportunities for homebuyers in the new […]

Wu Administration Misled Public On Details Of Plan: Corrupt Local Rent Control Boards Can Override Rent Increases, Lifetime Leases Allowed, Small Housing Providers Unfairly Targeted The Boston City […]

In my 25 years of law practice, I’ve seen a lot of crazy stuff, but this recent eviction case may top my list of “Professional Tenants.” With 14+ evictions, a slew of larceny charges on their […]

The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the greater estate and the lesser […]

Boston Mayor Michelle Wu Preparing To File Comprehensive Rent Control and Just Cause Eviction Bill Update (3/8/23): Learn About The Disastrous Rent Control Bill Passed By Boston City Council […]

High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions In a case which has received national attention and a People Magazine […]

Appeals Court Rules That Liquidate Damages Clause Is Unenforceable Where It Allowed For Recovery of Rent For Remaining Term On Top of Rent Received From New Tenant If you enjoyed the famous Seinfeld […]

Assessor’s Parcel Numbers are usually included in the legal description of a deed. But that does not always work; there are times when the APNs do not exactly describe the individual parcel. The […]

Easements for road purposes are common in California. But what happens when the width of the granted easement is far greater than the road actually used by the easement holder? In a decision out of […]