Real Estate Transactions & Litigation

Richman Greer has extensive experience in a multitude of cases involving the purchase and sale of real estate and real estate litigation.

On the transaction side, the firm has represented buyers and sellers in the purchase and sale of real property ranging from residential homes to multi-million dollar commercial parcels.

The firm has handled a wide range of litigation matters involving real estate, including cases involving specific performance of real estate purchase and sale contracts, title disputes, complex foreclosures, zoning violations, condominium association rights, and real estate broker commission matters.  The firm’s representation in these matters has included individual real estate owners and investors, lenders, developers, contractors, multi-national real estate holding companies and real estate investment trusts, and domestic and foreign landowners.

The firm also represents landlords and tenants in commercial real estate matters, including representation of multi-year tenants, and landlords, including one of the largest shopping mall owners in the world, regarding lease negotiations, evictions and litigation.

Featured Experience

1Richman Greer asserted claims on behalf of the Turnberry Condominium Association against defendants for zoning violations and breach of covenants contained in the Declaration of Condominium involving the former country club’s decision to lease the former club property to the private, for-profit Pritikin wellness center. The lawsuit alleged that the lease between the club and Pritikin, and Pritikin's occupation of the former club facilities, destroyed the private condominium club lifestyle which the condominium residents previously enjoyed and which was guaranteed to them by the condominium documents. The trial court granted summary judgment in favor of the Association as to its perpetual right to use the swimming pool facilities adjacent to the condominium building, including the right to patronize the pool cafe. That judgment was affirmed on appeal. While the judgment was on appeal, Turnberry Country Club sold its interests in the subject property to TB Isle Marina/Yacht Club, LP, which entity became responsible for fulfilling the obligations of the former property owner. The Association filed a motion to enforce the prior judgment against TB Isle, alleging that the new owner violated the Declaration and the judgment by failing to comply with its obligations. After a protracted evidentiary hearing, the court ordered that TB Isle forfeited its right to operate the subject swimming pool facilities in accordance with the Declaration and prior judgment, and that those facilities must be conveyed to the Association for it to operate for the benefit of its condominium unit owners and guests. In a subsequent enforcement action brought by Richman Greer on behalf of the Association, the trial court held TB Isle in breach of its obligations under the Final Judgment and Declaration of Condominum and ordered TB Isle to convey to the Association all of the swimming pool facilities.
2Obtained multi-million dollar jury verdict in favor of residential home builder against land developer in claims for breach of contract, including failure of developer to honor right of first refusal granted to builder. Additional damages included over $1 million in attorney’s fees and costs to client.
3Represented landlord in commercial lease dispute with tenant over tenant’s failure to comply with condition of lease that required the construction of a building on the property.
4Prosecuted claims in arbitration against home builder on behalf of home buyer for breaches of the construction and purchase agreement. Arbitration award in favor of client.
5Defended trustee owner of property against claims arising out of an alleged promise to sell real estate. Claimant alleged that trustee promised to sell it a 120 acre tract of land, and tried to block trustee’s sale to another purchaser, alleging specific performance, breach of contract, fraud and civil RICO. The trial court granted summary judgment for trustee on all counts, which judgment was affirmed on appeal in India America Trading Co., Inc. v. White, 896 So.2d 859 (Fla. 3d DCA 2005). The trial court further determined that the lawsuit was filed in bad faith and awarded trustee his attorneys fees.
6Represented a real estate broker in an arbitration against a landowner seeking a real estate commission. The broker arranged for the turn-key sale of a former department store for the Dade County School Board to be used as an office building. The owner then sold the property to a developer, who re-developed the property into an office building and transferred title to the School Board. Arbitrator awarded the broker a commission and prevailing party attorneys fees.
7Represented real estate brokers in state court litigation claiming a real estate commission for introducing the seller of a vacant parcel of land on Brickell Avenue in Miami, Florida to a developer. The seller contributed the property as part of a joint venture with the developer, who constructed two condominium towers. Case settled after discovery closed.
8Represented the owner of undeveloped ocean front property in Juno Beach, Florida in defense of a claim of specific performance of a real estate contract. The significant issue was whether the seller waived its right to enforce a “time is of the essence” clause after purchaser failed to pay a required deposit. Successfully obtained a verdict in favor of owner after non-jury trial.
9Retained by out of state bank to prosecute 65 complicated residential foreclosure cases in four counties in Florida, involving mortgages the bank acquired from original lenders through the FDIC. The firm took over the cases from prior counsel and obtained final judgments of foreclosure through summary judgment or non-jury trial and handled the sale. Cases dealt with numerous procedural defenses in order to ensure judgments were obtained with clear title.
10Represented a real estate broker in litigation seeking a real estate commission from major real estate investor and related companies arising from its acquisition of the Airport Corporate Center, a large commercial office park. Case settled at mediation.
11Successfully defended commercial tenant as to landlord's claim for alleged unpaid common area expenses in excess of $8,000,000. Judgment entered in tenant's favor after trial on the merits. Judgment was affirmed on appeal. Miracle Center Assoc. v. Scandinavian Health Spa, Inc., 889 So.2d 877 (Fla. 3d DCA 2004).
12Represented landlord in action to recover unpaid common area maintenance expenses. After non-jury trial, trial court entered judgment in favor of landlord.
13The firm represents Sunrise Mills (MLP) Limited Partnership (“Sunrise Mills”), a subsidiary of Simon Property Group, in a landlord/tenant matter pending in Broward County, Florida. Simon Property Group is the largest Real Estate Investment Trust in the United States. After Sunrise Mills brought an action for eviction and damages against the tenant and guarantors as a result of the failure to timely pay rent, the defendants filed a counterclaim alleging claims for breach of contract and fraudulent inducement. The gist of the defendants’ counterclaim is that the lease provided for the right for the tenant to change its restaurant concept from a Mediterranean concept to a salad and smoothies concept, and that Sunrise Mills breached the lease by blocking defendants’ request to change concepts and that Sunrise Mills fraudulently induced defendants into the lease and the guaranty because Sunrise Mills never intended to permit the change. Recently, the Florida Supreme Court, in the case of Tiara Condo, eliminated the contractual “economic loss rule” which stood for the proposition that a party cannot pursue a claim in tort for damages that arises from a breach of contract. Notwithstanding the Tiara Condo decision, trial court ruled that the defendants’ fraud claim nevertheless failed under Florida common law. This is so because Florida’s common law does not permit a claim in tort that was not based on a breach of duty that is independent of the parties’ contract.
14Successfully obtained judgment for eviction for client/landlord, after a contested hearing, against a tenant in a Class A office building in Miami Beach, Florida.