Category Archives: Real Estate Law

Ep. 181 Rob Walton: Adverse Possession and Unlawful Detainer

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

Adverse Possession and Unlawful Detainer

RobWaltonImageJoin us as Rob Walton delves into some quirky parts of Florida law (Adverse Possession and Unlawful Detainer) that could really have an adverse impact on your real estate ownership and real estate investing. Eric shares his own personal story of how he learned about unlawful detainer when he found somebody squatting in his house. In this case, Eric worked with Rob Walton who worked to quickly get the squatter out.

Others are not so lucky. And still others find themselves in an adverse possession situation in which another person who has trespassed on their property ends up occupying it and gaining legal ownership of the property (also known as legally stealing the property).

Rob Walton can help with these types of cases as well as with Florida land trust planning, landlord/tenet eviction type cases, and he can help with litigation if needed. 


Podcast Outline

[02:40] About our guest: Rob Walton
[04:28] Unlawful Detainer Scenario (Eric shares his personal story)
[12:48] Adverse Possession Scenario (legal stealing)
[23:01] How Rob can help you
[24:30] Eric’s Summary & Conclusion

 

About Our Guest

Rob Walton is a trust and a state attorney in Tampa, FL. He was born in the Florida Panhandle, grew up in Fairhope, Alabama. He graduated from Stetson University College of Law where he earned his Juris Doctorate degree. He earned his Master of Laws in Taxation from the University of Alabama School of Law. 
Rob is active with the Hillsborough County Bar Association, and regularly provides pro bono legal services to those in need. He currently practices law in Tampa, Fl.

 

Investor Resources

You can contact Rob Walton via the following:
Website:  https://www.lawwalton.com
Phone:  Call Rob Walton directly: 813-434-1960

Ep. 171 Kim Lisa Taylor: Tips for Growing Your Real Estate Syndication Network

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

Real Estate Syndication

It doesn’t take an investment guru to tell you about the obvious benefits to real estate syndication. Utilizing collective funds from an investor pool can help you scale your deals and increase your returns. But while investing using other people’s money sounds like an enticing strategy, there are not so many investors willing to take the leap into the syndication market.

Real estate syndication relies on the tried-and-true axiom:”know me, like me trust me”, only amplified. While this rule applies in any investment financing campaign, syndication can be arguably more hands-on. From keeping up-to-date on new and incoming regulations and legislation to establishing and maintaining your investor base, real estate syndication can be an imposing challenge for some investors.

However, with the right tools and resources, real estate syndication can help you realize and attain more ambitious investment goals and allow opportunity for greater returns.

This episode, we discuss the ins-and-outs of syndication – from legislative updates to marketing and growing your network.

About Our Guest

real estate syndicationWe are very excited for this week’s guest, Kim Lisa Taylor, Esq., to join us for this discussion on real estate syndication as means for financing. The founder of Syndication Attorneys, PLLC, Kim’s focus is on providing the legal and marketing tools entrepreneurs need for raising capital.

As a legal expert on syndication as well as an author and educational speaker, we couldn’t ask for a better fit to discuss real estate syndication.

You won’t want to miss this episode on tips for growing your real estate syndication network!

Contact and Investor Resources

If you want to find out more about Syndication Attorneys, PLLC’s professional services, or for a comprehensive archive of articles and educational resources, visit their website.

Ep. 169 Rob Gidel: Lawfare – How to Address Mold in Your Commercial Lease

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

Mold in Florida Real Estate

If you own property in Florida, you know that the potential for mold is a constant threat. While not all mold is deadly, removal and cleanup can be a costly process.

Many commercial leases fail to provide for specific clauses addressing mold. If you do not address mold prevention and removal with your tenants during the lease-signing, you can leave yourself wide-open to liability should mold be discovered in your property.

How to Address Mold in Your Commercial Lease

1031 exchanges net lease investments; exclusive use clauses, commercial leasingFor this edition of Lawfare, we have attorney Rob Gidel join us to talk us through the nuances of addressing mold in your commercial lease and how to navigate potential areas of liability.

You’ll remember Rob from past episodes in which we’ve discussed areas ranging from 1031 Exchanges and net lease investments, to building a successful partnership with your real estate attorney.

In this episode, Rob gives us an overview on the issue of mold in commercial leases and touches on specific points commonly contained within them such as:

  • Tenant remediation
  • Definition of hazardous materials
  • Continuous operation clauses

You don’t want to miss this special Lawfare edition in which we discuss how to address mold in your commercial lease!

Ep. 168 Jimmy Clark: Lawfare – Protecting Your Property Against Worker’s Comp Claims

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

Having work property work done is a common experience for any real estate owner or manager. From cosmetic refurbishments to landscaping and maintenance, you rely on contractors and sub-contractors to help you in addressing your building’s needs.

But what happens if something goes wrong? In the world of construction and skilled trades, accidents do occur. Sometimes these accidents can cause damage to your property and sometimes they can result in injuries to your contracted laborers.

General Liability Insurance and Worker’s Comp Claims

Protecting your property against worker’s comp claims is key to ensuring proper mitigation of investment risk, should an accident resulting in injury occur on your job-site.

In this special, Lawfare edition, we discuss the ins-and-outs of general liability and worker’s comp claims. We talk insuring yourself and your property and what to do if an injury happens on the job.

ada compliance, lease insurance, worker's comp claimsJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms.

This episode, Jimmy offers up essential tips all property owners and managers need to know about about worker’s comp claims. He shares the common insurance pitfalls that you need to make sure are addressed with your vendors and contractors when recruiting project labor.

If you want more information on common insurance and worker’s comp liability as it pertains to your real estate investment, you can contact Jimmy directly at:

jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on protecting your property against undue worker’s comp claims!

Ep. 167 Rob Gidel: Lawfare – Navigating Exclusive Use Clauses in Your Retail Lease

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

For retail landlords and tenants, there are various ways in which mutually beneficial partnerships can be formed in order to maximize returns for both parties. Beyond the standard retail lease, you can incorporate specific terms and conditions as negotiated between you and the tenant.

Exclusive use clauses are one key example of this. Incorporating an exclusive use clause in your retail lease is a great way to ensure long-run returns for both you and the tenant. If you look at successful examples of exclusive use in retail leases like Publix or CVS, the benefits are clear.

But with every give, there is some take.

If you plan on incorporating an exclusive use clause into your retail lease, you need to consider – as always – the cons as well as the pros. If you’re not careful, exclusive use clauses can fall heavily in the tenant’s favor, leaving you with a financial albatross.

1031 exchanges net lease investments; exclusive use clausesFor this edition of Lawfare, we have attorney Rob Gidel join us to talk us through the nuances of exclusive use clauses and how to navigate potential pitfalls in your retail lease.

You’ll remember Rob from past episodes in which we’ve discussed areas ranging from 1031 Exchanges and net lease investments, to building a successful partnership with your real estate attorney.

In this episode, Rob gives us an overview of the potential pros and cons of exclusive use clauses and touches on specific points contained commonly contained within them such as:

  • Clause-specific language
  • Blanket restrictions on competition and use outside of original restriction
  • Continuous operation clauses

You don’t want to miss this special Lawfare edition in which we discuss incorporating exclusive use clauses in your retail lease!

 

Ep. 163 Jacob Gil: What Florida Real Estate Investors Need to Know About Amendment 2

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

What do you know about Amendment 2?

Florida voters have a lot of proposed amendments to consider this year. Amendment 2 could have the most wide-ranging – and potentially devastating – impact on the state as it effects renters and business owners alike. If you are a real estate investor, this effects you directly.

Maybe you aren’t fully aware of Amendment 2 or maybe you have heard conflicting information regarding it, but it’s important that you understand exactly what it is and what it means if it fails.

So we want to set the record straight. This episode, we’re talking what exactly this amendment is; it’s history, purpose and impact and we couldn’t have asked for a better guest to help us with that.

About Our Guest

Jacob Gil is the Regional Director of Everybody is for 2, a campaign aimed at spreading awareness as to the impact and purpose of Amendment 2. He is a veritable expert on this amendment and what it means for Florida property owners, landlords and business owners.

If you have more questions about Amendment 2 and its potential impact, you can contact Jacob directly at jacob@everybodyisfor2.com

amendment 2

Ep. 162 Jimmy Clark: Lawfare – 3 Potential Insurance Pitfalls You Need to Address in Your Lease

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

As a landlord or property manager, you’ve got a lot of responsibility. From leasing to maintenance, there are a lot of potential risk factors you need to mitigate. One way that you might find yourself in hot water as a landlord is in regards to how insurance issues are addressed in your lease.

When it comes to leasing, it is typical that both you and your tenants will each be held to specific responsibilities and duties. However, there is an additional oneness on your as a landlord to make sure these responsibilities are addressed correctly in your lease. Otherwise, you may be left holding the bag should an issue arise.

This episode, we take a look at some common insurance pitfalls that often go unaddressed until they become an issue.

3 Potential Insurance Pitfalls

Renters Policy – Many multifamily + single family leases require tenants to have renter’s insurance. While this can be a good idea, it can often be poorly executed in the lease. Negligence in enforcing renters insurance often falls on the property manager and/or landlord for not ensuring the tenant does not have valid insurance.

Rent Abatement – If your tenant is granted rent abatement following a casualty at the property, when can you expect to get reimbursed for loss of revenue from this lost rent?

Tenant Improvements - If you are installing tenant improvements, insure it yourself. Leaving insurance on tenant improvements solely to the tenant can open you up to unnecessary risks: preclusive clauses, co-insurance provisions, exclusions, etc.

About Our Guest:

ada compliance, lease insuranceJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms.

This episode, Jimmy offers up three essential tips all landlords need to know about leases. He shares the common insurance pitfalls that you need to make sure are addressed with your tenant(s) when drawing up your leases.

If you want more information on common insurance pitfalls when it comes to your real estate investment, you can contact Jimmy directly at jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on protecting your lease from common insurance pitfalls!

Ep. 158 Leslie Plettner & Jack Boyajian: What Landlords Need to Know About Florida’s Medical Marijuana Industry

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

Legalized cannabis is here to stay.

Despite the federal government’s unchanged stance, there has been a recent wave of states pushing for some form of legalized cannabis whether it be medicinal or recreational. With Amendment 2, Florida joined the ranks of other states that have adopted some form of a legitimate cannabis industry.

However since Florida voters passed medical marijuana into effect, there has been some uncertainty as the move faced moral and legal push-back from some business owners and municipalities. Real estate investors and landlords have been faced with some of the more difficult questions regarding the legitimacy of the medical marijuana industry.

Like any burgeoning industry, the market will face some growing pains. But turning away from medical marijuana in its earliest stages may be short-sighted. Medical marijuana and retail cannabis tenants already have demonstrable value; the investment potential is there. Education and understanding can go a long way in bringing you to the forefront of this emerging marketplace.

Leasing to Medical Marijuana Tenants

  • Zoning
  • “Sin Clauses”
  • Tenant Licensing

About Our Guests

legal cannbis Leslie Plettner is the Managing Director of BaseCanna. A lifetime entrepreneur, Leslie’s real estate journey started with designing and transforming under-performing schools before transitioning into a more robust role in real estate development. In 2015, Leslie set her entrepreneurial sights on California’s emerging cannabis market.

 

medical marijuanaJack Boyajian is the CEO of BaseCanna. Having handled over $3 billion in the development, management and conversion convert residential and commercial real estate, Jack focused his interests on the value of the legal cannabis industry after witnessing the demonstrated positive effects of medical marijuana.

BaseCanna offers comprehensive, turnkey real estate solutions as well as operational guidance for tenants involved in medical marijuana or retail cannabis. BaseCanna can help match landlords with licensed, qualified tenants.

If you have more questions about leasing to a cannabis tenant or just questions about Florida’s medical marijuana industry, visit their website.

 

 

Ep. 150 Jimmy Clark: Lawfare – ADA Compliance and Protecting Your Property from Punitive Damages

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

As real estate developers and owners, we want to ensure functional accessibility to everyone coming in contact with our property. Whether you own a retail center, apartment complex or a single-family rental, you want to make sure that everyone has equitable access to a reasonable degree. ADA compliance helps investors to recognize what parts of their property need to have universal accessibility to allow for reasonable use for persons with disabilities or limitations.

But what happens when ADA compliance goes beyond reasonable accessibility?

Real estate investors of all asset classes are subject to punitive damages lawsuits on their property. More often than not, punitive damages claims arise out of an oversight in ADA compliance. Even if you take great care in ensuring ADA compliance in your property, there may be some small accessibility issue that was overlooked that could leave you vulnerable. Sometimes, it can be a simple technicality that results in punitive damages. Whatever the case, punitive damages can cost investors time and thousands of dollars to remedy.

ada complianceJimmy Clark is the Senior Vice President and Real Estate Practice Group Leader at Harden, one of the southeast’s largest risk management and insurance firms. Part of his job is ensuring that property owners aren’t hit with punitive damages from ambulance-chasing attorneys.

This episode, Jimmy offers up some quick pointers for property owners who may not be aware of the punitive damages risks awaiting their property. He tells us the common and not-so-common things you need to look out for in order to make sure your property is fully ADA compliant and protected from damages.

Contact: jclark@hardeninsight.com or 813-367-5609

Don’t miss this episode on ADA compliance and protecting your property from punitive damages!

 

Ep. 148 Rob Gidel: Lawfare – 1031 Exchanges & Net Lease Investments

Posted on by
Reply

Don’t miss a single show!

Get the Invest Florida Show Mobile App! Click here—-> Apple Android

This episode is the first in our new ‘Lawfare’ series. We’ll be offering up shorter episodes focusing on the legal aspect of real estate investing.

1031 exchanges net lease investmentsOur first guest is attorney, Rob Gidel. Rob is a real estate attorney specializing in acquisitions, dispositions, development, financing and leasing. We’ve had Rob on the show once before and we’re glad to have him back!

This episode, Rob talks about net lease investments and using 1031 Exchange to purchase properties. He also shares tips for investors to avoid pitfalls.

1031 Exchanges & Single Tenant, Triple Net Lease Investments

A lot of multifamily and rental property investors love to use 1031 Exchanges to leverage new investments. If you’re not familiar, 1031 Exchanges allow for a deferral on capital gains tax from the sale of a property if the earnings are used to purchase another property.

However, some investors rush into buying a property on a 1031. This can get you into hot water if you don’t consider the purchase from an investment standpoint. If you purchase a property solely as a tax decision and not a financial decision, you may end up biting off more than you can chew. This is especially true for first-time investors of single tenant, net lease investments, or triple net leases.

Many investors who are new to net lease investments are enticed by the seeming ease of a long-term, single tenant. It may sound like an easy, hands-off investment strategy, but there are many nuances to triple net leases that make them complex.

Rushing blindly into an investment is never a good idea and net lease investments are no different. You do not want to miss this episode!