[RPPTL Leasing Committee] Potential conflict of interest?

[Kristopher Fernandez]

During happy times, wife and husband formed Corporation A.  Wife owns 51% of Corporation A and husband owns 49%.

Corporation A owns 100% of LLC A.  LLC A is the owner and landlord of commercial property.

Husband owns 100% of LLC B and LLC B is the sole owner of LLC C.  LLC C is the tenant of the commercial property owned by LLC A.

Wife and husband divorced in December 2019.  Strangely enough, the tenant (LLC C) has stopped paying rent and the now ex-wife has approached me to file an eviction lawsuit against the tenant (basically, her ex-husband).

My concern is that Corporation A is owned 51% by ex-wife and 49% by ex-husband and Corporation A owns 100% of LLC A, the owner and landlord of the commercial property.

My client, I believe, would be LLC A only, the owner and landlord and I would prepare my engagement letter to say that I only represent LLC A.

I have read Rule 4.1-13 of the ethics rules regarding representing organizations.  Still the situation concerns me.  Does anyone have any thoughts?





Kristopher E. Fernandez, Esquire
Florida Bar Board Certified Real Estate Attorney
114 S. Fremont Avenue
Tampa, FL  33606
(813) 832-6340
(813) 601-3257 (after hours)
(813) 251-0438 (fax)

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