Real Estate & Property Law

UNLICENSED CONTRACTING - IMPACT ON CONTRACT ENFORCEMENT

Posted on March 21, 2011
Florida Statute 489.128 provides that contracts entered into by an unlicensed contractor are not enforceable by the unlicensed contractor.  Importantly, this statute was amended in 2009 to clarify that the term "unlicensed" means the failure to secure a state license (as opposed to a local license)...

Attorney/General Contractor Joins Tannenbaum Scro Law Firm

Posted on February 20, 2011
David W. Smith, who holds the distinction of being both a Florida lawyer and Florida licensed general contractor, has joined Tannenbaum Scro's litigation department.  His primary areas of practice are construction law and litigation, construction permitting and licensing, corporate and contract law, foreclosure defense and commercial litigation...

FRAUD IN SELLING FLORIDA - 2004-2007

Posted on July 06, 2010
Over the last three and a half years our firm has represented over 350 investors from 40 states victimized in Florida flipping deals gone bad and in the process worked out more than 200 toxic mortgages for these individual investors. What happened? THE REAL ESTATE What the Southwest Coast of Florida had aplenty in 2003 were platted lots...

Unit Access for Common Element Repairs - Hollywood Towers Decision

Posted on June 24, 2010
The Florida Fourth District Court of Appeals recently announced its decision in Hollywood Towers Condominium Association, Inc. v. Hampton, 35 Fla. L. Weekly D1424a, June 23, 2010. As with many aging hi-rise condominiums in Florida, the reinforcing steel in the exterior balconies of the units at Hollywood Towers had deteriorated, requiring remedial work by the Association...

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What Makes a Good Construction Defect Expert?

Posted on May 12, 2010
by Alan E. Tannenbaum and Salvatore Scro as co-authors with Felix Martin, PE In the marketplace today there are many people who call themselves "construction experts." Some of them are highly experienced and knowledgeable, while some are little more than talking heads with little substantive expertise...

U.S. Supreme Court Rules Against Class Actions in Arbitration

Posted on April 30, 2010
The United States Supreme Court just published its opinion in Stolt-Nielson S.A., et al v. Animalfeeds International Corp., 22 Fla. L. Weekly Fed. S269A.  In its holding, the Supreme Court determined that absent the express agreement of the parties or a state or federal law mandating it, a defending party cannot be forced to arbitrate separate contract disputes on a class basis...

The Challenge of Structural Distress in Aging Buildings

Posted on April 05, 2010
Several years ago, the federal government commissioned a study in Florida to determine the anticipated life of the structural components of condominium and apartment buildings.  The findings, assuming proper maintenance and barring hurricane impact, was 50 years...

Coast borrowers must wait to learn their fate

Posted on December 12, 2009
Published Bradenton Herald: Tuesday, December 11, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA — Coast Bank borrowers will have to wait until Dec. 21 to get their day in court in what has become a lengthy evidentiary hearing in the Philip Coon case...

Witnesses: Builder was to pay closing costs

Posted on December 12, 2009
Published Bradenton Herald: Tuesday, December 9, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA — A First Bank employee and two title company owners who worked on Coast Bank loan documents during Philip Coon's loan skimming scheme testified Tuesday the builder was responsible for paying closing costs...

Coast Exec: "I was greedy"

Posted on December 11, 2009
Published Bradenton Herald: Tuesday, December 8, 2009 By: Grace Gagliano - ggagliano@bradenton.com TAMPA - Philip William Coon said Monday he was an "idiot" and "greedy" for committing wire fraud and money laundering by illegally pocketing $1...

Coast Bank money laundering case goes to court today

Posted on December 11, 2009
Published Bradenton Herald: Monday, December 7, 2009 By: Grace Gagliano - ggagliano@bradenton.com Bradenton - Fourteen months ago, Philip William Coon pleaded guilty to federal charges of fraud and money laundering by illegally pocketing $1.2 million...

WHEN IS IT JUST MOLD AND WHEN IS IT SOMETHING ELSE?

Posted on October 08, 2009
Guest Article by: Felix Martin, P.E., Principal Marcon Forensics Orlando, FL While inspecting the interior of a residential unit, you observe black mold growing on the walls.  Is it a sign of poor housekeeping or of more serious problems?  Should you consider vacating the unit immediately or ignore it altogether? Mold infestation is a widely misunderstood malaise, both in terms of overestimating and underestimating its potential danger...

Is there a "best suited" law firm for Developer Turnover Transition to Homeowners?

Posted on August 20, 2009
HIRING TWO LAW FIRMS   Every condominium association should have a general counsel under retainer to advise on day-to-day operations and ongoing legal issues.  During the transition period, general counsel can be of great assistance to a new Board in getting acclimated to the varied requirements:   ‚    Documents ‚    State Statutes ‚    State Administrative Rules & Regulations ‚    Common Law (court-created law) Governing Condominium Operations   The transition period is also the time for the construction quality of the building and improvements to be evaluated and for Association financial operation during the period of developer control to be scrutinized...

Court Ruling Favors Victims of Bank Scam - Victory by Levin Tannenbaum

Posted on July 21, 2009
Court ruling favors victims of bank scam By John Hielscher Published Sarasota Herald-Tribune: Tuesday, July 21, 2009 at 1:00 a.m. It took nearly six months, but a federal appeals court has denied motions to reconsider its decision that awarded victim status to hundreds of Coast Bank loan customers...

Clients with Chinese Drywall Issues

Posted on July 13, 2009
Sarasota Herald-Tribune Article on several of Levin Tannenbaum Clients with Chinese Drywall Issues - for homeowners dealing with Chinese-made drywall, the concerns grow more urgent with the arrival of a new child. www.heraldtribune.com/apps/pbcs.dll/article  Drywall dilemma deep for parents GO OR STAY? For homeowners dealing with Chinese-made drywall, the concerns grow more urgent with the arrival of a new child By Aaron Kessler   Having a baby -- especially when it is a first child -- is enough of a challenge for most new parents...

What You Need To Know About Short Sales, 6/17/09 at SAR Headquarters

Posted on June 02, 2009
Cancellation of Debt - 1099-C:  Short Sale on Property  1099 A and 1099C: Do you know what it means? Do you know the impact on the sale of your property? What do you know about the 1099-C form, and Cancellation  of Debt? Find out at a special seminar set for Wednesday, June 17th from 9 to 11 a...

Levin Tannenbaum Firm Video - Construction Law and Defect Lawyers Representing Community Associations and Condominium Board of Directors

Posted on April 21, 2009
 Levin Tannenbaum Firm Video: Construction Law and Litigation for Community Associations, Condominium Board of Directors http://www.youtube.com/watch?v=XFGSPRamjXY   Levin Tannenbaum is an A.V.-rated law firm serving the Tampa Bay and Southwest Florida markets from our Sarasota, FL office...

The LawBusiness Insider Radio Show

Posted on April 03, 2009
I was recently a guest speaker on ABC RADIO, along with Jeff Raizner, of Doyler Raizner LLP.  You can "LISTEN IN" to our interview by following this link to their website:  "Americas Premier Lawyer Series - Top Verdicts"  

America's Premier Lawyers Series: ABC Radio with Alan Tannenbaum

Posted on April 03, 2009
Alan Tannenbaum was recently a guest speaker on America's Premier Lawyers Series on ABC RADIO, along with Jeff Raizner, of Doyler Raizner LLP.  You can "LISTEN IN" to our interview by following this link to their website:  "Americas Premier Lawyer Series - Top Verdicts"  

So you think you have Chinese Drywall, what next?

Posted on April 01, 2009
THE CASE OF THE SMELLY DRYWALL - "CHINESE DRYWALL" We have been visited by several prospective clients concerning drywall in their home that is causing bad odors, has damaged copper air-conditioning and electrical components and may be making their family members ill...

U.S. Agency Sets Inquiry - Chinese Drywall

Posted on February 27, 2009

Decision Time on Chinese Drywall - Herald Tribune Article

Posted on February 10, 2009
"A lot of the builders involved have been reluctant to do anything at all, with the exception of Lennar," Chaikin said. "They have just said, 'We're studying the issue and will let you know,' or they simply say nothing. If the builders won't cooperate we have recourse against them...

Chinese Drywall Class Action Is Not The Way To Go

Posted on February 10, 2009
"A lot of the builders involved have been reluctant to do anything at all, with the exception of Lennar," Chaikin said. "They have just said, 'We're studying the issue and will let you know,' or they simply say nothing. If the builders won't cooperate we have recourse against them...

The Case of The Smelly Drywall - Chinese Drywall

Posted on January 22, 2009
THE CASE OF THE SMELLY DRYWALL - "CHINESE DRYWALL" We have been visited by several prospective clients concerning drywall in their home that is causing bad odors, has damaged copper air-conditioning and electrical components and may be making their family members ill...

Defending Victim Rights: Dispute Is Over Coast Verdict

Posted on January 20, 2009
Sarasota Herald Tribune, 1-27-2009  "Dispute Is Over Coast Verdict":  Alan Tannenbaum defending the rights of victims of financial fraud (article posted by Tricia M. Foster) As part of the plea deal, the government agreed that Coast Bank, not the borrowers, was the single victim of the crime...

Defending Victim Rights: Dispute Is Over Coast Verdict

Posted on January 20, 2009
Sarasota Herald Tribune, 1-27-2009  "Dispute Is Over Coast Verdict":  Alan Tannenbaum defending the rights of victims of financial fraud (article posted by Tricia M. Foster) As part of the plea deal, the government agreed that Coast Bank, not the borrowers, was the single victim of the crime...

CAI Suncoast Breakfast: Legal Panel Q&A

Posted on January 19, 2009
Community Associations Institute - Suncoast Chapter:  Come have breakfast while CAI provides you updated information valuable to every board member and every unit/homeowner as an aid in providing the best management of your association. “Almost” Free Legal Advice Speakers:   Alan Tannenbaum, Esq...

Finally...Automatic Class Action Standing for Florida Homeowner Associations

Posted on December 30, 2008
Until 2008, Florida condominium associations had a distinct advantage over Florida homeowner associations as far as pursuing construction defect and financial claims on a class action basis. Basically, Florida condominium associations by court rule since 1977 had automatic standing to represent their owners as a class on matters of common interest...

How Was Your Money Attended to Pre-Transition?

Posted on December 30, 2008
Florida community associations are big businesses, with annual budgets for larger projects running into the tens of millions of dollars. At its inception to the point of transition to owner control (which usually is at least a couple of years), each association is operated by a board of directors appointed by the developer...

AIA Owner/Architect and Owner/General Contract Forms - Beware of Arbitration Glitch

Posted on December 30, 2008
AIA contract forms are popular for major community association repair contracts. Unfortunately, the AIA (American Institute of Architects), presumeably to shield architects from liability, long ago created an arbitration glitch in instances where the Owner/Architect and Owner/General Contractor Contract forms are being utilized for a given project...

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