[RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Thu Jan 20 10:22:28 PST 2011

>From a LL and litigation standpoint, I would not agree to such a AAA
provision.  Use the courts.  

Regards, 

Anthony J. Horky, Esq.

Mombach, Boyle & Hardin, P.A.

500 East Broward Boulevard

Suite 1950 Broward Financial Centre

Ft. Lauderdale, Florida 33394

Telephone: 954.467.2200 ext. 225

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E-Mail: ahorky at mbhlawyer.com

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Thursday, January 20, 2011 12:54 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree - I think a mandatory binding arbitration clause would be a
terrible idea from a commercial LL's perspective where the T has
possession and your goal is to get them evicted ASAP. 

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors(r)
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate(r) in Florida

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Rick G.
Emmanuel
Sent: Thursday, January 20, 2011 12:43 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

I agree.

Rick

Patrick G. Emmanuel, Jr., Esq.

Board Certified Real Estate Lawyer

Emmanuel, Sheppard & Condon, P.A.

30 South Spring Street

Pensacola, FL  32502

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David
Weisman
Sent: Thursday, January 20, 2011 11:09 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

Skip the AAA and go right to court.

David  Weisman

Board Certified Real Estate Lawyer

Greenspoon Marder, P.A.

Trade Center South, Suite 700

100 West Cypress Creek Road

Ft. Lauderdale, FL 33309

Phone 954-491-1120

Toll Free 888-491-1120

Direct Phone 954-343-6941

Direct Fax 954-343-6942

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of George
Pincus
Sent: Thursday, January 20, 2011 11:59 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?

A prospective client (out of state commercial office building owner) has
asked me to review and comment on the form of lease used for its Florida
buildings. 

The Lease has a pretty normal looking default and remedies clause.  It
also has an arbitration clause, saying that disputes are to be resolved
through AAA arbitration.  

What do you guys this about this (I'm not disclosing my personal bias,
but those of you that know me probably know my take on this)?

Thanks for your comments. 

George A. Pincus, Esq.

Stearns Weaver Miller Weissler

  Alhadeff & Sitterson, P.A.

New River Center, Suite 2100

200 East Las Olas Boulevard

Ft. Lauderdale, FL 33301

Telephone: 954-766-9705

Facsimile:    954-766-9719

E-mail: gpincus at stearnsweaver.com <mailto:gpincus at swmwas.com> 

www.stearnsweaver.com

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