The Court held that the Defendant’s discriminatory overcharges contravened the parties’ contracts as well as Florida law.… Read More Bernhard Law Firm Wins Judgment for Ritz-Carlton Ownership Group Against Hotel Management for Widespread Discriminatory Overcharging
The IBRADIM panel discussed the effects of Covid-19 on Brazilian investment and strategy in the U.S., with particular focus on Florida and Miami.… Read More Andrew Bernhard Invited to Panel for The Brazilian Institute of Real Estate Law
This week Bernhard Law Firm obtained a judgment to specifically perform closing of a Design District real estate sale that had been held up for three years… Read More Bernhard Law Firm Wins Specific Performance of Design District Sale
This week, Bernhard Law Firm successfully obtained the dismissal of an appeal challenging the firm’s win in a dispute to void a $1.1 million refusal option in a Miami real estate contract. If you have questions about real estate disputes, financial disagreements, contract interpretation, and Florida appeals, please contact Bernhard Law Firm… Read More Bernhard Law Firm wins appeal on judgment to reform real estate contract
There are several ways to reform real estate contracts that are unreasonable. This article focuses on fixes for unreasonable restraints on alienability (i.e. unfair limits on sale) and mistakes.… Read More How to Reform Real Estate Contracts . . . With Good Reason
This week, Bernhard Law Firm obtained a court order vacating a $2.2 million final judgment in Miami, by raising constitutional concerns with the procedure leading up to the judgment. (Florida Bar disclaimer: results may not be typical. You may not have as beneficial a result).… Read More Bernhard Law Firm Gets $2.2 Million Judgment Vacated on Constitutional Due Process Grounds
The purpose of specific performance is “to compel a party to do what it agreed to do pursuant to a contract.”… Read More Can a real estate seller demand performance from a defaulting buyer? – Florida law says YES
Bernhard Law Firm represents a Miami real estate developer who contracted for the property.… Read More Bernhard Law Firms wins summary judgment in Design District sale dispute
To facilitate good faith investors in entering the alternative market of purchasing encumbered properties, this article seeks to differentiate illegal equity skimming from legal property investment in encumbered real estate.… Read More Equity Skimming – An Investor’s Guide to Avoid Trouble
In today’s fast-paced real estate market, many investors are buying property that is involved in litigation. These investors may discover that the court prohibits them from intervening in the lawsuit, relying on the term “purchaser pendente lite.” The purchaser pendente lite theory can prohibit a purchaser from defending their new property in a lawsuit that was already pending when the property was bought. This often leaves new property buyers with no course but to simply observe while their property is subjected to a court judgment and sale in public auction.… Read More Exceptions to the Purchaser Pendente Lite Theory – A Buyer’s Guide for Real Property Investors in Litigation
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