Commercial real estate work in Florida covers purchases, sales, leases, development and disputes. A lawyer reviews contracts, title and project records, addresses permits and environmental compliance, and assesses investment risks. The documents, signatures and deadlines depend on the deal or problem, rather than one set of steps for every property.
Aaron Resnick, a Miami business attorney with Law Offices of Aaron Resnick, represents buyers, sellers, landlords, tenants and investors in commercial real estate purchases, sales, leases and disputes.
What Does a Commercial Real Estate Lawyer Do in Florida?
A commercial real estate lawyer helps clients buy, sell, lease, develop and protect commercial property. Aaron Resnick reviews contracts, title work and surveys, takes transactions through closing, manages lease obligations and handles disputes. An office, store, warehouse or parcel of land can require different documents and approvals.
Aaron Resnick handles commercial property purchases and sales from due diligence through negotiation and closing. He drafts and negotiates leases, manages ongoing lease obligations and handles disputes between landlords and tenants.
Aaron Resnick advises on every stage of property development, including securing permits, land use regulations and environmental compliance. His risk management work identifies investment risks and ways to protect the client's financial interests.
He handles commercial evictions from the first notice of default through the final eviction for unpaid rent, lease violations and other breaches. His clients include commercial property investors, developers and business owners throughout Florida.
Aaron Resnick serves Miami Dade, Broward and Palm Beach counties and clients across Florida. Read about the Miami commercial real estate practice and the firm's attorneys.
Where to Go for Your Matter
Start with the transaction or problem you face. The pages below explain commercial purchases, sales, leases, evictions, development, investment risks and litigation. Aaron Resnick represents clients on different sides of these matters; the documents and next steps depend on the client's role.
| If You Are | Read |
|---|---|
| Buying a building, a unit or land for a business | The steps in a Florida commercial purchase |
| Selling commercial property | Selling commercial property in Miami |
| Signing or renewing a lease, as landlord or tenant | What to know before signing a commercial lease |
| A landlord with a tenant in default | Commercial evictions in Florida |
| Developing property or changing how it is used | Miami zoning and land use |
| Assessing risks in a commercial property investment | Commercial real estate risk management |
| In a dispute over a contract, a title or a closing | Real estate litigation |
The following sections explain writing, recording, deed tax, lease and lawsuit rules. Which rules apply depends on the document and the matter.
Which Commercial Real Estate Agreements Must Be in Writing?
Florida generally requires a signed writing to enforce a real estate sale contract or a lease lasting more than one year. The signature must be that of the person being held to the agreement or an authorized agent under chapter 725, Florida Statutes. Aaron Resnick reviews the agreement and records the agreed terms in writing.
A deed generally requires a written instrument signed by the person transferring the interest, or an authorized agent, with two subscribing witnesses under chapter 689, Florida Statutes. The statute allows qualifying electronic witnessing and does not require subscribing witnesses for leases or instruments pertaining to leases.
Corporations can use an alternative signing procedure under chapter 692, Florida Statutes. Aaron Resnick checks the property interest, the signer's authority and the document before determining which execution requirements apply.
Why Does Recording Matter?
Recording protects an interest in property against certain creditors and later buyers who pay value without notice of that interest. The rules in chapter 695, Florida Statutes cover deeds, mortgages and leases lasting one year or longer. Aaron Resnick checks the document and recording requirements before a competing claim creates a problem.
For a deed subject to the formatting requirements in chapter 695, check these details:
- The printed name and mailing address of each signing party and witness, and each grantee receiving the property.
- The name and address of the individual who prepared or supervised preparation of the deed, plus the printed name beneath any notary's or acknowledging officer's signature.
- Space at the top right for the clerk: 3 by 3 inches on the first page and 1 by 3 inches on later pages.
The statute specifies placement, permits limited clerk discretion and lists exceptions, including documents executed, acknowledged or proved outside Florida. A clerk's failure to follow those formatting rules does not itself invalidate the recording or its notice to others.
Those exceptions do not eliminate the separate acknowledgment or proof requirements for recording. A deed signed outside Florida still needs the applicable acknowledgment, proof or authentication. Aaron Resnick reviews the signing and recording steps together.
What Tax Is Due When Commercial Property Changes Hands?
For a taxable deed transfer, Florida's documentary stamp tax is 70 cents per $100 of consideration, or any portion of $100, outside Miami Dade. Miami Dade charges 60 cents plus a 45 cent surtax where applicable. The Florida Department of Revenue publishes both rates and the surtax exception.
An exception in chapter 201, Florida Statutes excludes Miami Dade from a 10 cent tax increase. The county surtax authority in chapter 125 permits up to 45 cents per $100 or portion; the county clerk confirms Miami Dade imposes that rate. Together, the taxes are $1.05 per taxable $100 unit when both apply.
The surtax does not apply when the document transfers only a single family residence. Under chapter 201, Florida Statutes, that category can include a residential condominium unit or a qualifying cooperative interest, not just a detached house.
How Is Taxable Value Counted?
Taxable consideration includes money paid or promised, obligations discharged and outstanding mortgage debt or other encumbrances, even when the buyer does not assume the debt. Special rules can change the amount: qualifying short sales exclude mortgage debt forgiven or released, while judicial foreclosure certificates use the highest and best bid.
The contract can allocate payment between the parties, but that does not remove a nonexempt party's liability to the state. When tax is due, the Department of Revenue explains that a nonexempt party must pay when another party is exempt.
Aaron Resnick reviews the transfer, debt and tax allocation before closing. These are deed transfer taxes, not a complete list of closing charges; notes and mortgages have separate documentary stamp rules.
What Law Governs a Commercial Lease in Florida?
Florida commercial leases are nonresidential tenancies governed by Part I of chapter 83, Florida Statutes. Aaron Resnick reviews the lease alongside the applicable law, focusing on rent increases, repair duties, assignment rights, default terms and ongoing obligations. The document and the claimed breach determine which questions need attention first.
Aaron Resnick drafts and negotiates leases for the client he represents and handles disputes during the tenancy. See commercial leasing and Florida contract disputes.
How Long Do You Have to Sue Over a Commercial Real Estate Contract?
A damages claim based on a written contract generally has five years. A claim for specific performance, asking the court to require the promised sale or other performance, generally has one year under chapter 95, Florida Statutes. Aaron Resnick identifies the claim, remedy and starting date before calculating the deadline.
The ordinary starting point is when the last element of the claim occurs, subject to the accrual exceptions in chapter 95. Send the agreement, contractual notice and cancellation dates, and any court papers so Aaron Resnick can check earlier required steps.
Payment bond claims have separate statutory deadlines. The one year deficiency exception concerns notes secured by mortgages on residential property containing one to four dwelling units. It is not a one year rule for every commercial mortgage deficiency.
Fraud claims generally have four years under chapter 95, Florida Statutes, measured from discovery or when reasonable diligence should have revealed the facts. The fraud provision also sets a 12 year outer limit from the alleged fraud. A different claim does not gain five years merely because a written contract exists.
If a closing is in trouble now, see what to do when a commercial real estate closing is falling apart.
Why Hire Aaron Resnick for Commercial Real Estate?
Aaron Resnick is a past president of the Miami Beach Bar Association and has been named to Florida Super Lawyers every year since 2013. He reads the contract or lease, the title work and the closing papers himself, and tells the client what each one commits them to.
What Should You Send Aaron First?
Send the contract or lease, including drafts and amendments, with the title commitment, survey and notices from the other side. Add the closing date and any court deadline. Aaron Resnick reviews those records to identify the transaction, project or dispute and the action needed before that date.
For development or environmental work, include permit applications, agency correspondence, land use approvals and environmental reports. For lease management or eviction, include the rent ledger, default notices and court papers. Investment reviews also need financing documents and available due diligence reports.
Contact the firm about commercial real estate legal services in Florida.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner.
We Don't Make Promises. We Have Results to Prove It.
The Law Offices of Aaron Resnick represents buyers, sellers, landlords, tenants and investors in Miami Dade, Broward and Palm Beach counties and across Florida in commercial real estate purchases, sales, leases and disputes. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
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