Law360, New York (August 14, 2014, 10:37 AM EDT) -- A Florida appellate court’s recent decision in a real estate broker case dramatically changes the relationships between brokers, sellers, and closing and title agents. Florida’s Third District Court of Appeal has made clear in J. Milton Dadeland LLC v. Aballa Inc. that commercial real estate brokers may lien real property in advance of closings to secure their commissions. This opinion answers the question whether the right to lien real property, instead of just liening the net proceeds of closings, survives the adoption of the Florida Commercial Real Estate Sales Commission Lien Act.
First, a little background on brokers and real property...
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