Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?
body{font-size:10pt;font-family:arial,sans-serif;background-color:#ffffff;color:black;}p{margin:0px;}I agree. Is there ever a situation where arbitration is beneficial?
ADRIENNE F. PROMOFF, P.A.
Museum Tower * Penthouse II
150 West Flagler Street, Suite 2950
Miami, Florida 33130
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-----Original Message-----
From: "Anthony J. Horky"
Sent: Jan 20, 2011 1:22 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Arbitration Clauses in Commercial Lease?PREFIX = [default] http://www.w3.org/TR/REC-html40 NS = "http://www.w3.org/TR/REC-html40" /
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st1:*{behavior:url(#default#ieooui) }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.
prefix = st1 /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@mbhlawyer.com
Website: www.mbhlawyer.com
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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® 7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.orgThe Voice for Real Estate**®** in Florida
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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
Telephone: (850) 433-6581
Facsimile: (850) 433-6162
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From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@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@lists.flabarrpptl.org [mailto:landten-bounces@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@stearnsweaver.com
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