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Real Estate

The real estate practice includes residential and commercial real estate transactions, real estate litigation including quiet title, boundary disputes, deposit disputes, foreclosure litigation, debt collection, debt defense and general real estate disputes; community association law, landlord tenant matters contracts (review, analysis and drafting), 1031 tax deferred exchanges, business transactions, business asset purchases, entity formation, and business planning. The Firm specializes in numerous areas of real estate and business law such as real estate investment, acquisition, development, disposition, work outs, leasing, exchanges, finance, business planning, land use, and zoning. 

Our Firm can assist with:

 

  • Commercial and residential real estate closings

  • Real estate title examination and insurance

  • Investor representation

  • Non-resident representation

  • Asset Protection

  • Entity structuring including offshore corporations, land trusts, limited liability companies, partnerships and offshore trusts

  • Land acquisition, development, and financing

  • Real Estate Litigation including foreclosure defense, contract disputes and quiet title

  • 1031 Tax Deferred Exchanges

  • Purchase and Sale of business entities

  • Asset purchases

  • Stock purchases

  • landlord-tenant law - commercial and residential

  • RESPA & CFPB Compliance

  • Business Law & Planning

  • Foreign National Tax & Estate Planning including FIRPTA, FACTA, & OECD Matters

  • Contract negotiation and preparation

  • Offshore corporations such as Panama, Virgin Islands, Bahamas, Isle of Nevis, Andorra and a variety of other jurisdictions

  • Delaware, Wyoming, Nevada and South Dakota domestic asset protection trusts

General: The Law Offices of Michael H. Merino, P.A. has been assisting buyers and sellers of Florida real estate and businesses since 1997.  The Firm prides itself in possessing a deep understanding of the intricacies and nuances of Florida real estate and business law.  From property acquisition, disposition and preservation to development, financing, and zoning as well as a variety of other business related issues, the Firm is well equipped to deal with virtually every real estate or business legal matter a client can encounter when dealing with Florida real estate or business issues.  The Firms attorneys have over 25 years of combined real estate experience dealing with everything from the routine real estate and business closings to the more complex commercial real estate or business matters dealing with acquisition, complex due diligence, stock purchases, development, financing and disposition.
 

Real Estate Transactions:  The Firm has extensive experience handling all types of real estate transactions.  The Firm’s attorneys can assist with contract preparation, review, and negotiation;  title insurance; title examination; due diligence;  zoning and land use; clearing title; 1031 tax deferred exchanges;  lease review, preparation and negotiation; financing;  entity formation including land trusts, limited liability companies and partnerships; and real estate closings.
 

In order to better serve its clients, the Firm’s principal also owns a title insurance agency called Priority Title, Inc.  The title company provides settlement agent services, research services, escrow services, and issues title insurance policies underwritten by Old Republic National Title Insurance Company, Fidelity National Title Group, Chicago Title and Commonwealth Title.  The title company has been serving Florida property owners since 1998.
 

Real Estate Litigation: The Firm also handles all aspects of real estate litigation including: foreclosure litigation and in particular, foreclosure defense, deficiency judgment lawsuits, quiet title, real estate deposit disputes, ownership disputes, easement and boundary disputes, breach of lease/lease options, insurance disputes, buy-sell agreements, specific performance disputes, contract disputes and numerous other real estate related disputes.

Non-Resident Investor Expertise: The Firm specializes in assisting non-resident investors in the acquisition, disposition and preservation of Florida real estate.  The Firm’s attorneys are well versed in the intricacies, pitfalls and traps that can arise when a non-resident is purchasing or selling U.S. real estate including how to properly take title to avoid the U.S. Estate tax which can be as high as 40%.  The Firm’s intricate knowledge of the specific laws governing the purchase and sale of real estate by non-resident investors is critical in counseling investors from other countries.  Through its extensive knowledge of the various laws such as the Foreign Investment in Real Property Tax Act (“FIRPTA”), the Foreign Accounting Compliance Tax Act (“FATCA”), the Florida Conveyances to Foreign Entities Act, issues related to the Organization of Economic Cooperation & Development (“OECD”) and common reporting standard, the U.S. Estate Tax and numerous other laws affecting the non-resident investor. The Firm can counsel non-resident investors on everything from entity structuring and asset protection to tax and estate planning.  The Firm also can assist the non-resident investor with 1031 tax deferred exchanges and Opportunity Zone investments.  We can assist you with formation of off shore corporations, domestic corporations, limited liability companies, trusts and Florida land trusts as well as assist you with all aspects of disposing, preserving or acquiring Florida real property.
 

Business Law & Planning:  The Firm has represented a wide variety of business clients in the acquisition, sale and financing of business ventures. The Firm’s wide range of expertise in entity structuring, business contracts, franchise agreements, partnership and shareholder agreements, employee issues, business contract preparation, business planning, business tax planning, due diligence matters and business related litigation places its clients at a distinct advantage in making their businesses a success.  From assisting entrepreneurs with the creation of successful business plans to conducting the due diligence prior to the purchase of a business or franchise, the Firm’s wealth of business and legal knowledge and strong domestic and international connections, has helped many of its clients blaze a clear path to business success.  Through creativity, strategic thinking and strong collaboration with its network of professionals, the attorneys at the Firm will insure that your business is well prepared for the many legal and market challenges business owners face from purchase to start up to operation to sale.

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