Weiss, Handler & Cornwell, PAAttorney Boca Raton Florida | Weiss, Handler & Cornwell, PA2026-08-05T14:15:05Zhttps://www.weisshandler.com/feed/atom/WordPressOn Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Clearly defining financial obligations in a commercial lease]]>https://www.weisshandler.com/?p=483212026-08-05T14:15:05Z2026-08-05T14:15:05ZAs a commercial real estate owner, your main goal may simply be to lease that space to someone who wants to run a business. You are not looking to sell the property entirely, but you see it as a long-term source of income. As long as you can have tenants in the space, you generate consistent revenue.
When drafting a commercial lease, then, it is important to be very clear about what financial obligations will be handled by each party. There are different ways to write a lease, depending on how you want to divide various costs and expenses.
A triple net lease
One example of a commercial lease is known as a triple net lease. This means the tenant is obligated to pay far more than just the monthly cost for the space itself. They are also responsible for:
Property taxes that are assessed on the building
The necessary insurance that must be carried on the property
Maintenance and repair costs that could arise while the tenant is using the property
Because these other costs are included, the base rent payment is typically lower. A standard lease may have a very high rent payment because the owner then takes a portion of this monthly income and uses it to pay property taxes and maintain the building itself. But if the tenant is responsible for covering those costs, their monthly rent is typically lower because there are relatively few costs for the owner to cover on their end.Both tactics can be a viable way to lease commercial property. It is just important to be clear upfront about how costs will be divided so that both parties are on the same page. When drafting a commercial lease or addressing a dispute, be sure you know what legal options you have.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Key real estate disclosures in Florida]]>https://www.weisshandler.com/?p=483202026-07-23T19:05:43Z2026-07-23T19:05:43ZIn Florida, it is crucial that those selling real estate are honest and transparent about the condition of that property. They need to disclose any material defects. These can often have an impact on the value of the property, and the buyer deserves to know.In many cases, the goal is just to disclose anything that the seller knows about the property. There certainly could be issues that the seller is unaware of, but they cannot intentionally try to hide latent defects that they do know about. This is true even if the property is being sold as is.
What are some common examples?
For instance, perhaps there is old water damage in the property from a flood, a storm or a broken pipe. It can be helpful to inform a potential buyer so that they know about the issue, even when repairs were made.Structural issues are also a common concern. If there are cracks in the foundation or other things of this nature, the seller needs to disclose these defects. The buyer can then make a decision about whether they want to purchase the property and make the necessary repairs.What sellers cannot do is try to hide these issues from buyers. If a seller just paints over the clear discoloration from ongoing water damage and pretends there is not an issue, for example, it can create significant problems. They’ve misrepresented the property. It may need far more maintenance and upkeep than the buyer realizes, or it may have an inherently lower market value because these issues have not been addressed.In general, as long as sellers disclose the defects that they are aware of upfront, they should not face any issues. But when conflicts arise during a real estate transaction, it can be helpful to work with an experienced attorney in Florida.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[2 reasons written contracts are better than handshake deals]]>https://www.weisshandler.com/?p=483192026-07-16T17:06:37Z2026-07-16T17:06:37ZSome business owners consider using handshake deals simply because they are easy and efficient. Two business owners may already know each other and be on relatively good terms. They do not see the need to go through the formal process of writing a contract just to work together.
However, handshake deals create some potential legal issues. Below are two reasons why it is often better to use a written contract instead.
Reducing the odds of miscommunication
For one thing, the process of writing the contract means that the parties have to work together and review the terms. This helps reduce the odds that there will be some level of miscommunication. Often, disputes can be avoided in advance, simply by drafting a contract.Potential miscommunications could include the deadline for the project, who will cover specific costs, how compensation will be provided and the general scope of the project. All of these details can be addressed in the contract to ensure that both parties are on the same page when they begin working together.
Making the contract easier to enforce
When disputes do arise, it is often very difficult to enforce a handshake deal. Both people may genuinely believe that different terms were agreed to and tell very different stories about what obligations or responsibilities they have.The owner of a construction company may say that they were supposed to be paid upfront, for example, while the person who hired them claims they were supposed to be paid at the completion of the project. If these terms had been specified in a written contract, it would be easy to go back to the paperwork to find a resolution to the dispute.Whether you are drafting contracts, navigating disputes or looking into your legal rights, it can be helpful to work with an experienced attorney.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What happens when a zoning application is denied?]]>https://www.weisshandler.com/?p=483182026-06-30T15:51:44Z2026-07-05T04:00:59ZWhat the denial means for your project
When a local board denies your zoning request, the project generally cannot move forward as proposed. The city may issue a written order that explains its findings and legal basis. Until something changes, the land usually stays under its current zoning classification.
That written decision matters. It may point to concerns about traffic, parking, drainage or consistency with the local comprehensive plan. These reasons can help you see whether the application needs revisions or whether the decision should face administrative or judicial review.
Not every denial ends with a revised application or an appeal. Some disputes may also involve separate property-rights concerns. In Florida, the law allows certain property owners to seek financial relief when a government action places an unfair burden on the existing use of land or on vested development rights. This type of claim depends on the facts, so it does not apply to every denied request.
Why your response matters
After a denial, the next step depends on the reason for the decision and the procedures that apply. You might revise the application, submit additional evidence or pursue an appeal if the rules allow it.
Timing also matters. Local ordinances often set strict deadlines for appeals, rehearing requests or other formal challenges. Missing those dates can limit the remedies available later.
Legal guidance may help you identify the required time frames, preserve key records and compare the possible legal paths. With a clear plan, you can respond to the denial in a way that fits both the property and your development goals.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[What roofing professionals need to know about changes in the law]]>https://www.weisshandler.com/?p=483162026-06-30T13:24:11Z2026-06-30T13:24:11ZMost Florida roofing professionals are honest, hard-working people. Homeowners count on them not just to properly install quality roofing, but to repair and replace roofs damaged by hurricanes and other severe weather events and natural disasters.
When disaster strikes, Florida homeowners often have to make decisions while under a great deal of stress – sometimes while being unable to live in their property. Unscrupulous and unqualified people too often take advantage of them.A state law enacted last year provides important protection to Florida homeowners after a state of emergency has been declared. It’s crucial for roofing contractors to understand this law and how it affects the language in their contracts. Here’s a brief overview of the highlights of the law.
Grace periods for contract cancellation during emergencies
Homeowners can now cancel a roofing contract within 10 days after signing it or after the official work start date (whichever comes first) without being charged a penalty if the contract “was entered into within 180 days of events resulting in the declaration of a state of emergency by the Governor.”
Mandatory notifications to homeowners
Further, contracts must include notification of these rights in a specified size print near the property owner’s signature line. They must also state on the signature page that homeowners have the right to contact their insurance company “to verify coverage for the proposed roofing work, including any claims, deductibles, and policy terms, before signing this contract.”
Redefining “roofing contractor”
The new law broadens the definition of a roofing contractor to include professionals who engage in “the evaluation and enhancement of roof-to-wall connections for structures with wood roof decking….” This lets roofing contractors make necessary structural renovations to protect roofs from severe weather and natural disasters.It’s crucial for roofing contractors to understand the new law and to create their contracts accordingly. Having experienced legal guidance can help prevent unnecessary and costly legal consequences.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[The key difference between patent and latent defects]]>https://www.weisshandler.com/?p=483152026-06-18T15:20:25Z2026-06-18T15:20:25ZThere are two main types of construction defects. First, there are things that will be noticed immediately upon inspection of the property. These are known as patent defects.For example, say that a prospective homeowner hires a construction company to build them a new house. When the homeowner arrives to see the finished product, the wrong countertops have been installed, and the wrong type of flooring was used in the living room. The homeowner knows immediately that mistakes were made and need to be rectified before the house will be up to their specifications.
Latent defects
The second type of defects is known as latent defects. These are things that are less noticeable or even hidden. They have not been hidden on purpose, but it just happens naturally because not every part of a construction project is visible to the homeowner.An example of a latent defect is if pipes were poorly installed in the basement, and there is a slow leak in one of the walls. Upon the first walkthrough, the homeowner may not notice that anything is wrong. If they rarely use those plumbing lines, the leak may not get worse. It could take months or even years before they discover that there is an issue, and all that time the leak has been creating rot, decay, mold and other issues within the wall.
Resolving a construction dispute
For the owner of a construction company, both patent and latent defects can lead to serious disputes and potentially even litigation. It is important for those involved to understand their legal options at this time.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Understanding title issues before closing a deal]]>https://www.weisshandler.com/?p=483142026-06-07T22:23:41Z2026-06-07T22:23:41ZBuying commercial real estate is an investment of both time and money. Amongst complex negotiations, financing, inspections and contract terms, there is one critical issue that should never be overlooked: title defects.
A title problem discovered shortly before closing, or even after the transaction is complete, can create financial and legal complications. If you are planning to purchase commercial property, understanding common title issues can help prevent costly surprises and protect your investment.
The importance of due diligence
The property title represents legal ownership along with the rights associated with it. Before a commercial real estate transaction can close, the buyer must be confident that the seller has the legal right to transfer that ownership and that there are no encumbrances or undisclosed claims on the property.The buyer needs to conduct due diligence to identify any issues that could affect ownership rights or the property’s marketability.Several types of title defects can arise during the due diligence period. One of the most common problems involvesoutstanding liens against the property, which may include:
Tax liens
Contractor or mechanic’s liens
Mortgage liens
Judgment liens resulting from lawsuits
An outstanding lien may need to be satisfied before closing, and a buyer can refuse to proceed until the issue is resolved.When large parcels of land are involved in a real estate transaction, boundary disputes are common. A survey of the property may reveal encroachments, access issues or discrepancies between legal descriptions and actual property boundaries. These issues can impact development plans and property use.Mistakes in public records often occur. Errors in legal descriptions, deeds or prior transfers can create uncertainty. Even a minor clerical mistake may require action before the transaction can be completed.As part of due diligence, it’s crucial to have a legal representative who can help identify and resolvetitle concerns. By addressing issues early, a buyer can move toward closing with greater confidence about their investment.
]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[The difference between use and exclusive use in commercial leases]]>https://www.weisshandler.com/?p=483132026-05-22T11:21:00Z2026-05-22T11:21:00ZExclusive use protects a tenant’s business from competition
An exclusive use clause serves to prevent direct competition from someone renting property in the same facility or a nearby property owned by the same landlord. Exclusive use clauses prohibit the landlord from renting two retail establishments in the same mall to shoe stores that carry the same brands or two restaurants that both offer pizza as their main menu item.
Use clauses are different. They specifically address what the tenant can use the property for. Frequently, landlords restrict tenants to a specific, previously declared business function within the lease. This may limit the ability of a tenant to pivot when a business model is unsuccessful or the market shifts.
Both tenants and landlords may need to negotiate the terms of use and exclusive use clauses to limit the risk associated with a commercial tenancy or seek their enforcement after a lease violation. Working with a real estate attorney when reviewing a lease or seeking to enforce a clause can help to protect those subject to these often lengthy executory contracts.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Can you trust AI to run a construction project?]]>https://www.weisshandler.com/?p=483122026-05-12T15:11:53Z2026-05-12T15:11:53ZHow AI tools may affect commercial construction projects
Construction companies and developers now use AI during several parts of a project. In many cases, the technology works as a support tool instead of replacing architects, engineers or project managers. Some of the ways companies may use AI during construction projects include:
Creating early construction budgets
Building project schedules
Reviewing contracts and change orders
Tracking labor and material costs
Reviewing zoning and land use details
Predicting possible project delays
These systems review large amounts of information and use patterns to make predictions. While that may help speed up planning, AI tools can still miss local permitting problems, rising costs or property-specific issues that affect a commercial project.
Who may face liability when AI makes mistakes?
One of the biggest concerns is who becomes responsible when problems appear. If a project goes over budget because an AI program produced incorrect numbers, contractors and developers may still face legal claims. Technology may help people make decisions, but it does not remove legal duties tied to construction work.
Courts will likely expect businesses to review AI-generated information before using it on an active project. In large commercial developments, incorrect schedules or flawed plans may lead to breach of contract claims, payment disputes or construction defect claims.
Why contracts may become more important when AI is involved
Commercial construction contracts may need stronger language as AI becomes more common in the industry. If you own a development company or commercial property, your agreements should explain how project teams use AI tools and who checks the information they produce. Construction agreements may need to address the following issues:
Assigning responsibility for reviewing AI-generated information
Defining liability for design or scheduling mistakes
Explaining how added costs will be handled
Requiring proper insurance coverage
Creating steps for fixing project errors
Clear contract terms may help reduce confusion if disputes arise during construction. You should also remember that AI programs depend on the information entered into them. If contractors or consultants provide incomplete details, the final results may become unreliable from the beginning.
Why human oversight still plays an important role
AI will likely continue playing a larger role in commercial construction. Many companies see these tools as a way to finish projects faster and reduce office work. Still, technology cannot replace careful legal review or professional oversight.
Construction projects involve work that requires experienced judgment. A construction project may use advanced technology, but legal responsibility will still fall on the people running the project.]]>On Behalf of Weiss, Handler & Cornwell, P.A.<![CDATA[Land use restrictions that can impact your investment]]>https://www.weisshandler.com/?p=483112026-05-10T02:23:03Z2026-05-10T02:23:03ZDue diligence matters
Land use restrictions can come from a variety of sources. One of the most common restrictions involves zoning regulations. Local governments divide areas into zones that determine whether the property can be used for residential, commercial, industrial or agricultural purposes.
A property may appear ideal for a business or redevelopment project, but it may not be zoned for that use. Investors sometimes discover too late that they can’t legally operate a short-term rental or add additional units without rezoning or obtaining special approval.
Many properties are located within homeowners’ associations or planned communities. These areas often impose additional rules beyond local law. Their restrictions may regulate:
Leasing or rentals
Exterior modifications
Parking of commercial vehicles or boats
Property appearance and maintenance
These additional regulations can affect the profitability of an investment property.
Florida is a state of natural beauty with wetlands and coastal areas. Environmental laws can significantly affect development opportunities. For example, coastal properties may face setback requirements or permitting limitations.
An easement gives another party the legal right to use part of the property for a specific purpose. Utility companies, neighboring landowners or government agencies may have easement rights to your investment property, which can interfere with construction plans, fencing, parking or future expansion. Conversely, your property could have problems if it lacks legal access to a public road or relies on shared driveways.
Proper investigation before closing can prevent many land use problems. Investors should conduct thorough due diligence and seek guidance from a legal professional. Understanding these restrictions upfront can help avoid expensive surprises later.]]>