[CLC-Discussion] Something We Should Be Aware Of?

Gibbons, Michael Michael.Gibbons at lowndes-law.com
Fri Oct 11 06:42:02 PDT 2013


Interesting stuff.  Shows the import of reviewing buyer's title report where such reservation would have to be noted as a title exception.  Problem is of course you are on the eve of closing at that point and refusing to close would likely place you at risk of losing earnest money deposit.   Remedy here is legislation requiring prominent disclosure in the Sales Contract of Seller's intent to retain mineral and underground rights.

Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Jeff Price
Sent: Friday, October 11, 2013 9:17 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Something We Should Be Aware Of?

Ladies & Gentlemen:
Maybe I am just not as aware as the average dirt lawyer, but reserving oil, gas & mineral rights under 10,000 new homes in Florida without notice? I understand this kind of tricky stuff in oil & gas country, but Florida? Must be thinking of minerals, too.

Special Report: U.S. builders hoard mineral rights under new homes
http://www.reuters.com/article/2013/10/09/us-usa-fracking-rights-specialreport-idUSBRE9980AZ20131009



Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031   Fax (352) 373-9099
http://npw-law.com<http://npw-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Sean A. Mickley
Sent: Thursday, October 10, 2013 11:01 AM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Spray Foam Insulation/Defective Product/Construction Defects

Is anyone receiving any complaints regarding defective spray foam insulation? The complaints may consist of spray foam insulation either being a defective product or being misapplied due to almost impossible instructions to comply with, including the  degree of humidity during application, the ambient air temperature, the chemical ratios to be mixed, etc.

I have received a couple in the last 30 days and wanted to gauge whether anyone practicing construction law is picking these cases up and how the cases are going.

Thanks.


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Sean A. Mickley, Esq.


Gould Cooksey Fennell

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