"Luck is what happens when preparation meets opportunity."
-Anonymous
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Vol 1. Issue 2 |
Dear Friends and Clients,
I would like to thank everyone for the feedback received in response to our last issue of Get Briefed. In this issue, I'm happy to present new articles in the real estate and family law areas. In addition, because of the many questions we're regularly asked about contractual arbitration provisions, I've decided to re-highlight a previously written article that provides a general introduction to the pluses and minuses of both arbitration and litigation as a means of dispute resolution. I look forward to receiving feedback from you and also welcome any suggestions for future articles. Thanks!
Best Regards,
Andrew M. Feldman
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PROTECTING COMMERCIAL REAL ESTATE COMMISSIONS-THE COMMERCIAL REAL ESTATE SALES COMMISSION LIEN ACT
Until the passage of Florida Statutes § 475.700 - § 475.719 (the “Commercial Real Estate Sales Commission Lien Act”) a real estate broker could only perfect a lien for the recovery of a commission if (a) the lien was provided for specifically by contract or (b) the broker had already obtained a judgment determining entitlement to the lien in question. What that sometimes meant was that if a contract didn’t properly provide for it, a broker often had no means of tying up money arising out of the sale or otherwise holding up a sale to secure a commission. While that still remains a difficulty in the residential real estate setting, the Commercial Real Estate Sales Commission Lien Act (hereinafter the “Act”) has modified that rule with regard to commercial real estate deals.
ARBITRATION VS. LITIGATION - SOME POINTS TO CONSIDER
Whether you’re signing a real estate contract or an employment agreement, entering into a joint venture or just considering an agreement setting forth the terms of how you and another company will deal with one another, it’s become more and more likely that you’ll be asked to agree to resolve any future disputes through arbitration, as opposed to litigation. In fact, “Arbitration Clauses” are now relatively commonplace in business agreements. Unfortunately, however, a familiarity with the ups and downs of arbitration is much less common than the agreement to arbitrate. So when deciding whether to sign that agreement, here are a few of the things you should consider.
More Than the average wedding planning
Unfortunately, fifty one percent of all marriages end in divorce. That figure is astonishing and seems to point to the conclusion that the odds are against us, at least when it comes to statistics. But what does that mean for those of us that are still single but considering marriage? Simply hope that you beat the odds? Perhaps you will, but why not prepare, prepare, prepare, and then hope for the best. If this were a business decision, would you approach it differently? If you were advising a friend or family member, would you advise them differently? With communication and compromise, and a great deal of effort, you may end up in a successful marriage, but why not be crystal clear from the start?
For the fourth year in a row, Andrew Feldman was invited to teach at a week-long trial advocacy seminar sponsored by the National Institute for Trial Advocacy (NITA). The seminar will be offered this February to practicing attorneys from around the country.
Nancy Wear (Of Counsel) has authored an article titled Guerilla Research, which was accepted for publication in The Florida Bar Journal. The Article will be available in the publications section of our website once it is released.
Adding to the Firms continuing success in handling appellate matters, we successfully defended judgments before both the Circuit Court, Appellate Division, and the Third District Court of Appeal during the past month.
If you would like to be a guest writer featured on our E-Newsletter and website, please contact Andrew Feldman at AFeldman@AMFLegal.com for more information.
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