Crafting a contract for a Florida real estate development deal can be a complex proposition. Contract creation involves careful attention to detail. In order to avoid possible disputes, it is always helpful to approach contract negotiations with patience and a clear idea of what you want the agreement to include.
Recently in Homestead, the city council passed a motion allowing a car dealer to build a state-of-the-art Hyundai dealership where a bowling alley owned by the city is currently located. Given that the bowling alley is considered something of an eyesore, it would seem such an agreement could be mutually beneficial.
However, there had been some controversy during the course of the negotiations and one particular sticking point needed to be worked out. Some individuals on the council wanted to prohibit the car dealership from being able to resell the property to another party. It was proposed that the car dealership would have to pay a $250,000 penalty if they later sold the property. The council voted to prohibit the dealership from selling the property. The next day, some council members were confused as to whether the penalty was part of what was voted for.
What this story demonstrates is that contract negotiations can be fraught with misunderstandings. Sometimes, in the haste to solidify an agreement, terms may not be clearly thought out and stipulated in the body of the contract.
It can be very difficult to achieve a positive outcome in a contract dispute if the contract itself is not clearly and concisely written. If you are involved in commercial real estate, it behooves you to have an experienced contract litigation attorney in your corner. Prior to signing a contract, the attorney could assess its terms and offer advice. If you are in a breach of contract situation, the attorney could interpret the contract for you as seen through the prism of Florida contract law.
Source: Miami Herald, “Confused: Homestead leaders vote for land deal — but ‘nobody knows what they voted for‘,” Monique, O. Madan, Oct. 15, 2015