• Overview
  • Professionals

Real Estate Disputes

Through our representation of various lenders, we have gained significant experience analyzing and implementing loan work outs, obtaining receiver appointments, enforcing rent assignments, foreclosing on commercial and residential properties, and representing the interests of lenders and other creditors in bankruptcy.

The firm represents title insurance companies defending title claims, and is experienced in handling disputes relating to land acquisition, survey defects, title, easement rights, real estate contracts, and land partnerships.

We have successfully represented developer entities and principals regarding HUD project investigations.

We have won significant condemnation awards for land owners whose property was taken by the government for development or road construction.

The Firm has considerable experience defending real estate developers against claims or defenses asserted by buyers attempting to avoid enforcement of purchase contracts, particularly such claims and defenses based upon alleged violations of:

  • The Interstate Land Sales Full Disclosure Act (ILSA) and the Department of Housing and Urban Development (HUD) regulations interpreting ILSA;
  • The Condominium Act;
  • The Homeowners Association Act;
  • Real Estate Tax Disclosure requirements; and
  • Community Development District disclosure requirements.

The Firm also has extensive experience in representing commercial landlords and tenants in various disputes involving lease contract disputes, deposit disputes, and disputes over ownership of furniture, fixtures and equipment upon termination of leases.

Representative Cases

  • DK Arena, Inc. v. EB Acquisitions I, LLC, So. 3d, 2010 WL 132 9371 (Fla. 4th DCA 2010)
    A team of our litigators successfully tried a multi-million dollar contractual dispute on behalf of a developer against famed boxing promoter and businessman, Don King. The property at stake was the former Palm Beach Jai Alai fronton, representing one of the largest undeveloped tracts east of I-95 in Palm Beach County. Our team proved that the seller breached obligations in the purchase and sale agreement and made misrepresentations which were detrimentally relied upon by our client. On appeal, the appellate court affirmed the trial court’s judgment as to the breach. In so doing, we firmly established a precedent under which parties to a written contract can still be protected where they can establish detrimental reliance on promises made outside of the contract.
  • Kraft v. The Residences of Coconut Point, LLC,
    Appeal of Van Hook v. The Residences at Coconut Point, LLC, in the Eleventh Circuit Court of Appeals reversing the lower court’s determination, and holding that the contractual language relied upon by the lower court did not disqualify the developer from being exempt under ILSA.
  • Cohen Financial, LP v KMC/EC II, LLC, 967 So. 2d 234 (Fla. 3d DCA 2007)
    Represented a developer against the claims of a mortgage broker who sought an injunction with respect to $100 million n financing obtained by the developer. The trial court and appellate court denied the injunction and enabled the financing to close and the developer to proceed with its project.
  • Wigand v. West City Partners, Inc
    Successfully obtained a decision where the Federal District Court for the Southern District of Florida prevented 42 of the 43 plaintiffs who sued the condominium developer from bringing their breach of contract and ILSA claims in one lawsuit.
Name Title Phone V-Card Email Office
Perry M. Adair Office Managing Shareholder, Miami 305.260.1016 Miami
Hugo V. Alvarez Shareholder 305.262.4433 Miami
John Cottle Office Managing Shareholder, Ft. Walton Beach 850.664.2229 Ft. Walton Beach
Kevin Markow Shareholder 954.985.4174 Ft. Lauderdale
J. Kevin Miller Shareholder 239.433.7707 Ft. Myers
Jon Polenberg Shareholder 954.364.6037 Ft. Lauderdale
Jeremy C. Sahn Senior Attorney 954.985.4116 Ft. Lauderdale
Gary M. Schaaf Office Managing Shareholder, Tampa Bay 813.527.3900 Tampa Bay
Michael S. Schwager Shareholder 305.351.1069 Miami
Leslie Sheekley Senior Attorney 850.664.2229 Ft. Walton Beach
Glenn H. Spiegel Shareholder 212.599.3322 New York
Andrea Titone Attorney 212.599.3322 New York