Miami Lawyer Blog

CATACLYSMIC RULING IN FAVOR OF PURCHASERS OF NEW CONSTRUCTION CONDOMINIUM DEPOSITS ISSUED BY THIRD DCA ENTITLING CERTAIN BUYERS TO FULL REFUND OF THEIR ESCROW DEPOSITS

Miami, Florida - September 7, 2011 - Florida's Third District Court of Appeals rendered an opinion today in one of the most significant legal decisions in Florida related preconstruction condominium deposit recovery cases. Attorney Aaron Resnick, one of the first condominium deposit recovery attorneys in Florida, has referred to the ruling as "potentially cataclysmic" for developers. According to Resnick, the Third District Court of Appeals ruled that if a developer did not strictly comply with Florida Statute § 718.202 by failing to use two separate escrow accounts for a buyer's purchase deposits, then a buyer could recover their entire deposit as well as their attorneys' fees and costs from the developer. The decision involved two consolidated condominium deposit cases against North Carillon, LLC and First American Title Insurance Company.

The Court held that the title insurance company did not have liability to the purchasers even if they funds were held in violation of the statute. The United States District Court for the Southern District of Florida rendered a similar ruling in 2009, Double AA International Investment Group, Inc. v. Swire Pacific Holdings, Inc., 674 F. Supp. 2d. 1344 (S.D. Fla. 2009), aff'd in part, vacated in part, 637 F.3d 1169 (11th Cir. 2011). That ruling was adopted by the Third District Court of Appeals. After the Double AA ruling, the Florida Legislature, after heavy lobbying by condominium developers, amended Florida Statute § 718.202 with the intention of undermining the Double AA decision and to clarify the statute so that the two escrow account requirement was not mandatory under the law.

The Third District Court of Appeals ruled that this amendment could not be applied retroactively to impair a purchaser's statutory right to void the contract if the statute was not complied with. The Third District Court of Appeals specifically concluded that if it were applied retroactively it "would impermissibly impair each buyer's pre-amendment contract rights."

Resnick notes that the developer in the case can still move for a rehearing of the decision and could attempt to appeal it to the Supreme Court of Florida. However, in the interim, Resnick articulated the law has shifted clearly in the favor of consumers on this issue and the doors may have been opened for persons who thought they had lost everything to seek full recovery of their deposits. As Resnick noted, "the Third District has ruled conclusively that buyers, pre the 2010 amendment, were entitled to have their first 10% deposit in an escrow account separate and distinct from the special escrow account for that buyer's 'in excess of 10 percent'".

Visit www.thefirmmiami.com or www.recovermydeposit.com today to receive information on the Law Offices of Aaron Resnick, P.A. and Recover My Deposit.
For more questions about this release please contact info@thefirmmiami.com or call 305.672.-7495.

CATACLYSMIC RULING IN FAVOR OF PURCHASERS OF NEW CONSTRUCTION CONDOMINIUM DEPOSITS ISSUED BY THIRD DCA ENTITLING CERTAIN BUYERS TO FULL REFUND OF THEIR ESCROW DEPOSITS

Miami, Florida - September 7, 2011 - Florida's Third District Court of Appeals rendered an opinion today in one of the most significant legal decisions in Florida related preconstruction condominium deposit recovery cases. Attorney Aaron Resnick, one of the first condominium deposit recovery attorneys in Florida, has referred to the ruling as "potentially cataclysmic" for developers. According to Resnick, the Third District Court of Appeals ruled that if a developer did not strictly comply with Florida Statute § 718.202 by failing to use two separate escrow accounts for a buyer's purchase deposits, then a buyer could recover their entire deposit as well as their attorneys' fees and costs from the developer. The decision involved two consolidated condominium deposit cases against North Carillon, LLC and First American Title Insurance Company.

The Court held that the title insurance company did not have liability to the purchasers even if they funds were held in violation of the statute. The United States District Court for the Southern District of Florida rendered a similar ruling in 2009, Double AA International Investment Group, Inc. v. Swire Pacific Holdings, Inc., 674 F. Supp. 2d. 1344 (S.D. Fla. 2009), aff'd in part, vacated in part, 637 F.3d 1169 (11th Cir. 2011). That ruling was adopted by the Third District Court of Appeals. After the Double AA ruling, the Florida Legislature, after heavy lobbying by condominium developers, amended Florida Statute § 718.202 with the intention of undermining the Double AA decision and to clarify the statute so that the two escrow account requirement was not mandatory under the law.

The Third District Court of Appeals ruled that this amendment could not be applied retroactively to impair a purchaser's statutory right to void the contract if the statute was not complied with. The Third District Court of Appeals specifically concluded that if it were applied retroactively it "would impermissibly impair each buyer's pre-amendment contract rights."

Resnick notes that the developer in the case can still move for a rehearing of the decision and could attempt to appeal it to the Supreme Court of Florida. However, in the interim, Resnick articulated the law has shifted clearly in the favor of consumers on this issue and the doors may have been opened for persons who thought they had lost everything to seek full recovery of their deposits. As Resnick noted, "the Third District has ruled conclusively that buyers, pre the 2010 amendment, were entitled to have their first 10% deposit in an escrow account separate and distinct from the special escrow account for that buyer's 'in excess of 10 percent'".

Visit www.thefirmmiami.com or www.recovermydeposit.com today to receive information on the Law Offices of Aaron Resnick, P.A. and Recover My Deposit.
For more questions about this release please contact info@thefirmmiami.com or call 305.672.-7495.

It goes without saying that for many hotel owners the past few years have been tough financially. The general economic downturn, or recession as some economists have suggested, has caused hotel vacancy rates to skyrocket. Unfortunately for many hotel owners surrounding the Gulf of Mexico, the BP Oil Spill has exacerbated the vacancy rates which, in turn, have drastically hastened the financial downturn. At the end of the day, most hotel owners affected by the BP Oil Spill have experienced a substantial loss in revenues which, in turn, has caused the owners to default on their mortgage loans. If the hotel owners have personally guaranteed the mortgage loans, financial disaster for the hotel owners could be looming on the horizon.

Whether or not affected by the BP Oil Spill, it is critical for hotel owners to consider some form of personal wealth preservation planning (also known as asset protection planning). The planning is designed to protect the accumulated, personal assets of the hotel owner, including, in some cases, the hotel owner's ownership of the hotel. Without proper planning, the assets of the hotel owner are exposed to creditor judgments including in many cases a deficiency judgment from the lender of the hotel mortgage loan. With proper planning, the assets of the hotel owner would be insulated from creditor judgments. Of course, every hotel owner's situation is different, so the foregoing is subject to the facts and circumstances of the hotel owner's specific situation. Additionally, the effectiveness of proper planning is, in part, dictated by the timing of the establishment of the planning and the jurisdiction of the hotel owner. It is important the hotel owners act now. At some point, it will simply be too late to protect the hotel owner's assets.

The Law Offices of Aaron Resnick, P.A. offers all hotel owners a complimentary initial analysis of the hotel owner's specific situation and to determine whether wealth preservation planning is something to consider. If you are interested in such an analysis, please contact the Law Offices of Aaron Resnick, P.A. From this analysis, we will be in a position to suggest whether you should engage our legal services to educate you on your planning options and to devise a plan to protect your assets. If you decide to engage our services, we will then establish and implement the planning.

Derek A. Schwartz leads the Firm's Wealth Preservation practice group. He concentrates his practice in areas of wealth preservation, estate planning, wills and trusts, asset protection, probate and the tax and business legal needs of professionals, business owners and current and former professional athletes. Mr. Schwartz earned his bachelor degree in accounting from Emory University and his law degree from the University of Florida Levin College of Law. At the University of Florida, he served as a tax editor to the Florida Tax Review and was a member of the Florida Law Review. Formerly associated with the law firms of Holland & Knight, LLP and Greenberg Traurig, Mr. Schwartz has now provided Wealth Preservation planning to over 1000 clients nationally.

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Miami Florida Foreclosure Attorney Aaron Resnick comments on the breaking story: South Florida No. 2 on mortgage fraud risk list.

South Florida's mortgage fraud risk index spiked 10 percent during the first part of the year, shooting the region to second place nationally for potential housing scams. It ranked 20th during the same time last year. The region, comprising Palm Beach, Broward and Miami-Dade counties, was the only high-risk area to see an overall increase, according to a report released this month by fraud analysis company Interthinx. Top-ranked Modesto, Calif., experienced a 23 percent decrease in the first quarter compared with the same time in 2010. [Source: Palm Beach Post]. Florida litigation attorney, Aaron Resnick stated that "this is very troubling that in such times of unrest in the housing market mortgage fraud is still an issue." Resnick suggests that all buyers and sellers have an attorney when purchasing property.

Continue reading "South Florida No. 2 On Mortgage Fraud Risk List" »

Miami Attorney Brittany Rawlings, an associate at the Law Offices of Aaron Resnick, P.A., was named Miami's Power 30 Under 30.

The Power 30 Under 30™ Awards honors thirty outstanding individuals under the age of thirty around the United States that have achieved extraordinary success. Young leaders are recognized from the following categories: 1) Arts, Entertainment, & Media 2) Business 3) Community Service 4) Politics 5) Science & Technology 6) Sports.

Rawlings specializes in the field of entertainment, corporate and fashion law. Rawlings is a member of Young Women Lawyers, Women Who Launch, Florida Association of Women Lawyers, and the Florida Bar Entertainment, Arts and Sports Law.

She is a graduate of Nova Southeastern University, Shepard Broad Law Center, Cum Laude (2010) and University of Florida, with a Bachelor of Science in Business Administration & Entrepreneurship Cum Laude (2007).

Continue reading "Miami Attorney Brittany Rawlings Named Miami's Power 30 Under 30 " »

Super Lawyer Magazine named Miami Attorney Aaron Resnick one of its 2011 Rising Stars.

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The magazine names exceptional attorneys annually in all 50 states and Washington, D.C. Super Lawyers uses a rigorous selection process that begins with peer nomination. Once attorneys are nominated they are then evaluated on 12 indicators of peer recognition and professional achievement through a third-party researcher.

The 'Super Lawyers' and 'Rising Stars' lists will appear in Florida Super Lawyers magazine which will be mailed to attorneys in Florida and the ABA-accredited law school libraries. The Florida Super Lawyers supplement will appear in The Wall Street Journal (Florida distribution) on Thursday, June 16, 2011. 'Super Lawyers' and 'Rising Stars' also appear on the Web at superlawyers.com.

Mr. Resnick's law practice concentrates on business and commercial matters, real estate law and litigation and sports and entertainment law. He has successfully represented a number of clients in commercial foreclosure matters and has a company that specializes in working with lenders on distressed assets.

His current practice also includes the personal representation of a number of current and former professional athletes in the National Football League, the National Basketball League and Major League Baseball, as well as members of the arts, fashion and entertainment world.

Continue reading "Miami Attorney Aaron Resnick Name Rising Star by Super Lawyer Magazine" »

A new bill that was recently proposed by Florida lawmakers and is set to go to the Governors desk could change how developers in Florida will apply for permits to build. Supporters of the bill insist Florida has placed far to difficult requirements on contractors trying to develop the state.

House Bill 993 will change the way new developments proceed by putting new, harsher requirements on groups who challenge proposed developments. Environmentalists are worried the bill will make it more difficult to protect the environment from detrimental building. Previously, contractors were required to prove why their proposed building would not harm the proposed building area, but if the proposed bill passes that will change drastically. Instead, groups who oppose developers' plans will be required to prove how the proposed development is harmful. This change in the burden of proof could make it far easier for builders to get approval for their plans.

The proposed law could make it very difficult to challenge contractors and developers, which has local environmentalists worried about the effect on Florida's water supplies. Most are appalled by the bill. Supporters of the bill insist the bill is not about damaging the environment, but increasing building in Florida and making it easier for developers to bring much needed constructions jobs back to the State. They insist that out of state developers avoid Florida because they have grown weary of spending long periods of time locked in court battles with environmentalists who do not live any where near the proposed developments. Developers welcome the bill, saying the previous laws were set up in a way that put them at a disadvantage in court.

Critics and Florida conservationist and environmentalists see the bill as a free for all attack on the environment and already fragile water quality in the state. Local leaders who oppose the bill cite concerns over the nearly 85,000 acres located in Lee county that are at risk of being developed. In fact, a southern Florida judge is already so critical of the current water quality of the state he said he is considering asking the federal government to step in and enforce water quality laws that are already in place.

If you are concerned with the legality of this bill or any other commercial law issue, contact a Miami commercial lawyer. Commercial law covers a wide range of issues involving business processes and the buying and selling of goods. If your company is being sued or if you believe your rights have been infringed upon, a Miami commercial lawyer can tell you if you have a viable case. Most Miami commercial lawyers will offer a free consultation to help you decide if you have a case.

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Builders hail late legislation change, by MARY WOZNIAK, May 6th 2011

Miami is a hotbed of entertainment. Miami has been host to many television shows, movies, theater, and much more. When you think about Miami and the entertainment venue it offers, you do not immediately think about all of the legal leg work that goes into the entertainment business. Here is a quick overview of how entertainment law in Miami breaks down.

The Idea:

Do you have a great idea for entertainment? It comes in the form of a script or poem, a book or piece of software. If so, you have a right to keep that idea and use it for monetary purposes. You must take measures to assure it is protected by copyright laws and that if your idea is stolen from you that you have the information needed in order to take action against those who stole that idea. That is where you will see the very first need for an entertainment law attorney in Miami.

The Production:

When acting on the idea you may have and for this topic lets use the example, Movie Script, you will have a need to form business contracts with all who will be working with you in order to make your idea a reality. An entertainment lawyer in Miami can assure that your contracts represent your best interests and are free from mistakes that could cost you a lot of money. You will need to employ those who will help your idea become a reality and an entertainment lawyer in Miami can assure that you know and understand employee rights so that you do not face any possible legal actions that may occur with disgruntled employees.

Finalization:

An entertainment attorney in Miami will not only oversee the contracts, but also any financial transactions and business negotiations that will need to take place. It is essential that you have an entertainment attorney in Miami present when conducting business as important as payment, production and the like.

When it comes to Miami, entertainment is one of the most popular venues and because of that, it is imperative that you understand your rights. An entertainment attorney in Miami can assure that you not only understand those rights but also that you are properly represented when the need arises.

Condos are everywhere in Miami, and with the amount of condos in Miami that are present it sometimes becomes more than necessary to enforce issues that relate to condo law. What is Condo Law? There are many aspects to condo law, but for the sake of this blog, we are going to talk about the bylaws with in a condo community. Much like a HOA or homeowners association, condo law within a community is when the tenants within the community sign a contract that governs the condominium community.

Examples of What You Might Find in a Condominium Community Contract:
One of the most popular thins that will be on a contract governing the condo community will be the areas in which all tenants and condo owners use, for example the breezeways, lounge or pool area. These areas are know and "common areas" and because it is a common area, it is important that everyone takes care of the area and abides by certain rules to maintain order within these areas. Some of the rules you might find about these areas will be things about cleanliness, behavior and noise levels.

Noise levels are yet another extremely popular item you might find on a condominium community contract. Regardless of what the city of Miami may says about what time you can make noise, you will have to obey the rules of the community as well. For instance, if the city says that a certain level of noise is acceptable until 10pm in the evening and the Condo contract states that you must not make noise after 9pm, you will need to abide by the Condo specified time.

If you are looking to set up a contract for your condo community, it is extremely wise to consult with a condo law attorney in Miami that can help you make sure that you are writing the contract correctly, they can even write it for you to assure it is done properly. A condominium lawyer in Miami can help enforce these bylaws by sending notices to the residents of the community and by taking them to court when necessary. You can also use an attorney in Miami that specializes in condo law if you are accused or are being sued by a condominium community. At the very least you can utilize the free initial consultation that most condo law attorneys in Miami offer in order to better understand condominium community laws.

Sports and Entertainment law is a specialized branch of commercial law that focuses on the needs and problems surrounding people or groups in the sports or entertainment field. If you are in the sports or entertainment field, you have more at risk than just money or jail time. If you are misrepresented, it could result in the end of your career. If you have a legal issue, contact a Miami sports and entertainment lawyer who can protect your rights and your career. There are many aspects of law that a Miami sports and entertainment lawyer can address. Here are a few examples of issues you might be facing in your career.

The Justice Department has recently asked NCAA some difficult questions about how the college football league determines which team becomes the national champion each year, and if their current process is legal. The Justice department has decided to investigate after allegations that the NCAA gives some college teams easier access to lucrative bowl games, which also those teams an easier path to the National Championship game. The Justice Department is attempting to determine if the NCAA's process of determining the college football champion each year is in violations of United States anti trust laws. The Department send an inquiry to the President of the college league asking for reasons why the NCAA does not use a standard play off system, similar to what nearly every other sport uses. Several Utah professors are planning to file a lawsuit against the college league claiming their school is not receiving fair treatment in the current championship model.

In New York, the Titan's second string quarterback Christopher Simms was cleared of all charges after being arrested and charged with driving while under the influence of marijuana. Simms insisted the charges were false and the officer make a mistake. He was arrested after midnight in July at a check point in New York City while on the way home after eating dinner in the city with a few friends. The officer claimed Simms spun out prior to reaching the check point, seemed out of it and smelled of the illegal drug. The officer also claimed Simms insisted there was no drugs in the car because he had already consumed it. A friend of the football player insisted he had previously smoked the drug near the car, which resulted in the residual smell detected by the police officer.

The National Basketball Association's collective bargaining agreement is set to lapse over the summer, and the NBA commissioner is hoping to avoid the highly publicized National Football Leagues disputes that nearly ended the 2011 to 2012 football season. The commissioner recently expressed hopes that the NBA can keep negotiations out of the courtrooms, insisting that taking the issue to court will not help the two parties reach a new agreement.

If you are facing issues such as these, or any other legal issues related to your field contact a Miami Sports and entertainment lawyer who is experienced and can protect your rights.

Links:

Justice Department's letter to NCAA: Why is there no playoff? by The Associated Press, TriValley Central, May 5th 2011

Commercial law is a branch of law that deals with cases involving business transactions. This can cover a wide range of issues including hiring practices and the sale of products as well as copy-write and patent infringement. If you believe your product has been copied or someone stole an idea, you may have a case. Contact a Miami commercial lawyer to see what options you might have. While not every case will hold up in court, a consultation with a Miami commercial lawyer many mean recovering profits that you deserve. Consider this current case between Apple and Samsung regarding a patent infringement suit.

Samsug recently announced it has filed a patent infringement case against Apple in several countries. This case was filed just a week after Apple sued Samsung in California for violating intellectual property rights. Apple claimed that several Samsung smart phone products were nearly identical to Apple's well known iPhone and iPad products that have been on the market for years. Apple claims that the feel and even the packaging of some of Samsung's products make them look like the iPad and the iPhone. The legal sparring is not just between Apple and Samsung, it seems. Experts suspect that Apple is really after Google, who created the OPS for the Samsung phones. However, since Google does not actually make any money from the direct sale of the phones, Apple has instead chosen to pursue the companies who manufacture the product. While commercial lawyers battle in the courtrooms, it turns out that Apple and Samsung are still doing other business deals together. According to Samsung, Apple is actually their largest customer, often purchasing billions of dollars worth of components each year.

Now, Samsung is accusing Apple of infringing on several patents that are held by Samsung that covers a range of mobile communicating processes. These include technology that makes sending data easier, ways to reduce the amount of power required to send information, ways to reduce errors when sending information and a way to connect your smart phone to you computer. After a nearly 3% drop in stocks right after the suit was filed, it seems likely that Samsung will not pursue the case too much. If you believe your copy-write or patent has been copied, contact a Miami commercial lawyer to see if you have a case.

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Samsung counter-sues Apple, by Philip Elmer-DeWitt, April 22, 2011