Blog

• Posted By Gregg H. Glickstein, P.A. 26-Jun-2018

  Real Estate Agent Held Liable Based on the Undertaker's Doctrine

  In a recent appellate court opinion that was filed on May 2, 2018, a real estate agent was found liable based on the “undertaker’s doctrine.” This case, Muchnick v. Goihman, Third District Court of Appeal of Florida, Case No. ...

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• Posted By Gregg H. Glickstein, P.A. 23-Jun-2017

  Kjellander v. Abbott

  Kjellander v. Abbott is an important Florida appellate decision that reinforces the disclosure obligations of real estate agents and brokers to buyers of residential properties and it shows that contracts frequently used in residential real estate ...

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• Posted By Gregg H. Glickstein, P.A. 16-Jan-2017

  Landlord-Tenant Law: What Is "Constructive Eviction?"

  Tenants have a right to peaceably and quietly enjoy rented property without the unwelcomed interference or intrusion of their landlords. As such, any act by a landlord made with the express or implied intent of essentially interfering with a ...

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• Posted By Gregg H. Glickstein, P.A. 16-Sep-2016

  How to Respond to a Breach of Contract Complaint

  Contracts are an integral part of business and are used in just about every situation involving some sort of transaction or agreement. Written contracts are far superior to oral or verbal contracts because the terms of the parties’ agreement ...

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• Posted By Gregg H. Glickstein, P.A. 5-Jul-2016

  Are You a Victim of Fraudulent Nondisclosure?

  Any party who is purchasing a piece of real estate has a right to know how the property’s price tag came to be, which is to say they are entitled to know about all of the property’s benefits and deficiencies. This is a process known as ...

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• Posted By Gregg H. Glickstein, P.A. 13-Feb-2015

  Proceedings Supplementary Statute Can Prevent Debtors from Delaying, Hindering or Defrauding Creditors

  Section 56.29 Florida Statutes provides a statutory basis authorizing a court, for the benefit of judgment creditors, to issue notice or process, adjudicate, levy, and sell assets in the hands of non-parties ("proceedings supplementary"). ...

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• Posted By Gregg Glickstein 26-Jan-2015

  Contractor Appeals Foreclosure Judgment Secured by Property Developer's Company

  In today's blog, I will discuss CDC Builders, Inc. v. Biltmore-Sevilla Debt Investors, LLC, --- So.3d ----, 2014 WL 4628515 (Fla. 3d DCA 2014), a recent opinion in which a contractor appealed a foreclosure initiated by a third party owned by the ...

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• Posted By Gregg Glickstein 14-Jan-2015

  Who Gets the Foreclosure Sale Surplus?

  When a property is foreclosed upon and sold in a foreclosure sale, it sometimes sells for more than the mortgagee is entitled to under its foreclosure judgment. When the sale price paid is more than the final judgment amount, the excess amount called ...

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• Posted By Gregg Glickstein 7-Jan-2015

  Commercial Property Buyer Sues Seller for Nondisclosure and Misrepresentation

  In August, this blog discussed the Florida Supreme Court case of Johnson v. Davis, which addressed a residential seller's requirement to disclose to the buyer material facts about the residential property that could affect its property value. ...

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• Posted By Gregg Glickstein 13-Nov-2014

  Real Estate Broker Commissions and the "Procuring Cause Doctrine"

  The job of a real estate broker is to facilitate the sale of real estate property (or "procuring" the sale), whether he or she is representing the buyer or the seller. Unless the real estate broker has a enforceable written or oral ...

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• Posted By Gregg Glickstein 20-Oct-2014

  Eviction Defenses for Tenants in Florida

  "Eviction" is a terrifying word to a tenant. We all know the basic grounds for an eviction—failing to pay your rent on time or violating a term of your lease. Nonpayment of rent is usually fatal to a tenant's continued right to ...

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• Posted By Gregg Glickstein 22-Aug-2014

  Actual Knowledge by Home Sellers Must Be Proven in Nondisclosure Claims

  Are you preparing to sell your Florida home? If so, you should be aware of both your obligations and your legal protections when it comes to property disclosures. As a home seller, you have a legal duty under Florida law to make certain disclosures ...

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• Posted By Gregg Glickstein 24-Jul-2014

  The Darker Side of Partnership Dissolutions

  The breakup of a business partnership can be very much like a divorce; the parties involved have shared business assets and interests that need to be divided and distributed. Like divorce, the process of partnership dissolution can be carried out ...

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• Posted By Gregg Glickstein 25-Jun-2014

  Florida in First Place for Foreclosures for Eighth Month in a Row

  Florida has done it again—for the eighth consecutive month, the state has ranked No. 1 in the nation for foreclosures, according to the RealtyTrac data cited in an article by The Palm Beach Post. As explained by the news source, Florida again ...

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