The Standard FAR/BAR Contract requires that the parties attempt to resolve disputes through mediation before a lawsuit can be filed. In the recent case of Pesantes v. Kelley, 2025 WL 611399 (Fla 3DCA 2025), the Florida Third District Court of appeal denied the Seller’s right to attorney’s fees because of the failure of the parties [...]
Are you stuck in negotiations at mediation? Suggest that the mediator make a Mediator’s Proposal. Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy. The mediator proposes a settlement. Each side [...]
One of the greatest benefits of living in Florida, aside from the beautiful weather, is the state’s strong homestead protections. These protections safeguard your primary residence from creditor claims and prevent creditors from placing a lien on the property. Homestead property also offers valuable tax benefits, such as an exemption from a portion of the [...]
Family is at the heart of estate planning, and that includes blended families, second marriages, stepchildren, and mixed family situations. While these family dynamics bring joy, they can also create complexities when it comes to ensuring everyone is cared for after you're gone. For example, stepchildren do not have automatic inheritance rights unless they [...]
What is a “cash deal” in a residential real estate transaction? Many people think the definition requires the Buyer to pay cash in order to close the transaction. Because of this popular misconception, Sellers are often reluctant to allow the Buyer’s appraiser to come into the home when the Buyer decides to obtain financing. The [...]
Gibbons | Neuman is proud to announce that Jonathan S. Gilbert has been selected as one of Tampa Bay’s Best Lawyers in real estate law by Best Lawyers magazine. Mr. Gilbert concentrates his practice in real estate-related matters and business law. His real estate practice includes purchases and sales, finance, and leases. His business representation includes [...]
Buyer closes on a home purchase in December. The prior owners held title for thirty years and occupied the property as their homestead. Tax pro-rations are based on last year’s taxes in the amount of $3,000.00 (this is the custom and practice in the industry). Both parties sign a re-proration agreement agreeing to adjust tax [...]
In light of the Covid-19 pandemic, does the Force Majeure clause allow a Seller or Buyer to back out of a Florida residential real property contract? Whether you are a Buyer or Seller, numerous contracts will be canceled or delayed due to the Covid-19 pandemic. In many instances, one of the parties will argue [...]
How do I settle my dispute regarding jointly owned real property? Often, two or more persons will buy a piece of investment property with high hopes of collecting rent, paying off the mortgage and providing an income stream. In many instances, disputes arise regarding maintenance, improvements, collection of rent, etc. When these disputes become irreconcilable, [...]
Is it important to understand your contract in connection with your residential real estate purchase? Consider the case of Florida Investment Group v. Lafont, 271 So. 3d 1 (Fla. 4DCA 2019). In Lafont, the Buyer had a financing contingency which stated that the contract was subject to the Buyer obtaining a conventional fixed rate loan [...]
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