Florida Update Volume XVI, Issue 29

Florida Real Property and Business Litigation Report

Volume XVI, Issue 29

July 22, 2023

Manuel Farach

 

Huck v. Kenmare Commons Homes Association, Inc., Case No. 1D20-3318 (Fla. 1st DCA 2023).

Property dedicated to the public by a developer is not subject to later restrictive covenants placed on the now-gifted property by the same developer.

 

The Blind Monk, LLC v. USO v. Norge Whitney, LLC, Case No. 4D22-569 (Fla. 4th DCA 2023).

A tenant holding a right of first refusal on property must be provided information regarding the offered purchase price of the property otherwise the sale of the property, including to a bulk purchaser of condominium units, is not valid.

 

Taylor v. Nicholson-Williams, Inc., Case No. 5D22-1410 (Fla. 5th DCA 2023).

Real estate brokers are not third-party beneficiaries of non-reliance clauses such as in Billington v. Ginn-LA Pine Island, Ltd., 192 So. 3d 77 (Fla. 5th DCA 2016), and Chapter 475 imposes duties on all – not just residential – brokers.

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