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West Palm Beach Business & Bankruptcy Attorneys > West Palm Beach Real Estate Attorney

West Palm Beach Real Estate Attorney

For over 35 years, we have been negotiating and closing real estate deals, writing commercial leases, drafting mortgages and addressing landlord-tenant issues.

  • Leasing
  • Landlord-Tenant Law
  • Closings
  • Commercial Real Estate Transactions

West Palm Beach Real Estate Law FAQs

Can I purchase real property from someone or an entity in a pending bankruptcy case?

A person in bankruptcy can sell property. However, the buyer must proceed with caution as the transaction must be authorized by the Bankruptcy Court Whenever you want to purchase property from an individual or company that is in a pending bankruptcy case, consult an experienced bankruptcy attorney.

I am a tenant to a five year commercial lease agreement with right of first refusal on option to purchase. My landlord wants to sell the property to a third party without providing me with the right of first refusal. Can I sue my landlord?

Parties to a contract must comply with the terms of the agreement. Whenever a party to a contract refuses to comply with the terms they have breached the agreement and there are remedies available to the non-breaching party.

I am a tenant to a five year commercial lease, can I vacate the property prior to the expiration of the lease term?

A tenant who vacates premises prior to the expiration of the lease term may be subject to a lawsuit and deficiency judgment for the remaining lease term. In order to determine the consequences of an early lease termination an experienced attorney must be consulted to review the terms of the agreement. Notwithstanding the lease agreement, the parties may negotiate a release of the lease.

In a foreclosure, how can I get a lender to consent to a waiver of deficiency?

Lenders determine on a case by case basis whether to waive any deficiency after a foreclosure. The benefit to a borrower to having a waiver of deficiency from the lender is the borrower is no longer obligated on the balance remaining on the debt after a foreclosure sale.

What is cash for keys and am I entitled to receive cash for keys in a foreclosure matter if I consent to a final judgment?

A lender will on a case by case basis give a borrower/homeowner whose property is being foreclosed on cash for the homeowner to consent to a foreclosure judgment and to vacate the property without destroying the property. This allows the lender to submit a consent final judgment to the court without the need to go to trial. A borrower/homeowner, prior to agreeing to a consent final judgment, should meet with an experienced attorney to determine what defenses they have available to them.

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Markarian Frank White-Boyd & Hayes
Markarian Frank & Hayes is located in Palm Beach, Wellington & Vero Beach, Florida and serves clients across Florida from Vero Beach to the Florida Keys, including those in and around Palm Beach, West Palm Beach, Pahokee, Delray Beach, Loxahatchee, Coral Springs, Boca Raton, Boynton Beach, Lake Worth, Deerfield Beach, South Bay, Pompano Beach, Hobe Sound, Stuart, Port St. Lucie, Sebastian, Fort Pierce, Hollywood, Tampa, Tallahassee, Orlando, Martin County, Broward County, Hillsborough County, Leon County, Palm Beach County, Fort Lauderdale, Miami-Dade County and Sebastian. The firm’s lawyers also have a long history representing clients’ interests throughout the Caribbean.
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