Attorney Leighton Hyde has been a Realtor® for nineteen years and has filled the roles of agent, broker, and owner of a real estate brokerage firm. The Law Firm of Leighton J. Hyde offers a variety of services to assist real estate agents and brokers, including:
Affordable Annual Retainer Agreements
For a small annual fee, get year round guidance for your legal questions and issues from a lawyer with experience as a REALTOR®.
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Commission Disputes
Occasionally, a dispute will arise between a real estate salesperson and his or her real estate broker over the payment of commissions. These controversies often occur when a salesperson leaves a real estate brokerage firm or when the brokerage ceases operations. The payment of commissions is usually governed by an independent contractor agreement between the broker and the salesperson. If a dispute arises, either party may wish to obtain legal counsel. Call us for a free phone consultation. We represent both salespersons and brokers in these matters.
Procuring Cause Hearings
Realtors® are obligated to arbitrate financial disagreements with other Realtors®. You are entitled to legal counsel prior to and during the arbitration hearing. While similar to a civil trial, the rules of procedure and evidence are relaxed in the arbitration process. Also, the arbitration panel is permitted to ask questions of the parties. We can assist in strategic planning, gathering evidence and witnesses, challenging panel members for cause, and represent your interests at the hearing. Each board/association in Florida has specific procedures to follow. If you are a Realtor® and feel you are entitled to a commission that was paid to another brokerage firm or have already been notified that a claim has been filed against you, call us for a free evaluation of your situation.
Disciplinary Hearings with FREC
In Florida, complaints regarding the conduct of real estate agents are governed by the Department of Business and Professional Regulation (DBPR) and the Florida Real Estate Commission (FREC). The first step in the process is the filing of a complaint. If the offense is minor you may receive a citation, otherwise the DBPR may begin a formal investigation and initiate disciplinary proceedings. This process is governed by Fla. Stat. §120, commonly known as The Administrative Procedures Act. A real estate agent is entitled to legal counsel during this process. If you are under investigation by the DBPR or have been served a formal complaint contact our office to arrange for a free consultation. This is a serious issue that may affect your livelihood. Depending on the nature of the alleged violation your real estate license may be suspended or revoked.
Landlord/Tenant
If you are a property manager, The Law Firm of Leighton J. Hyde, P.A. can assist you with any landlord/tenant legal issues. We can prepare commercial or residential leases, help with statutory compliance, and represent you and your clients in an eviction action. Our firm can also help you to understand the rights and responsibilities of landlords and tenants in the state of Florida.
Contracts
The Law Firm of Leighton J. Hyde, P.A. offers assistance in preparing contracts for the purchase and sale of residential and commercial real estate, contract review, negotiation, and the drafting of clauses specific to a transaction.
Many real estate agents in Florida use the FAR/BAR contract when writing offers to purchase residential real estate for their clients. Sometimes a buyer or seller will negotiate a unique term or event that is not covered by the FAR/BAR contract. We can assist in drafting these clauses so that your clients’ interests are protected and limit the liability to you, the real estate agent. If your client or the other party would like to negotiate some unique terms into the sales contract, call us today for a free consultation. Often for a minimal expense, your buyer or seller can protect their interests in the transaction.
Additionally, we represent buyers and sellers during the purchase and sale of residential and commercial real estate. This includes the review, negotiation and/or drafting of contracts. Although Florida does not mandate attorney involvement in real estate transactions, many states do and your clients may be accustomed to hiring an attorney to represent their interests.
Sometimes contract disputes are unavoidable. Contract disputes may arise over financing contingencies, repair requirements, the condition of title, contract deadlines, or other clauses found in a real estate sales contract. The Law Office of Leighton J. Hyde represents both purchasers and sellers of real estate in contract disputes. If your client is involved in a real estate sales contract dispute, you and your client may call us for a free consultation. We will review the contract and analyze a course of action for your particular situation.
Closings
The Law Firm of Leighton J. Hyde, P.A. acts as a closing agent, issues title policies and is an agent of The Fund and Old Republic. Title insurance protects against title claims and defects and is usually a condition of any third party financing. We are prepared to handle all aspects of a real estate closing. We will closely coordinate with real estate agents to make the closing experience as stress-free as possible for your clients.
A successful real estate closing is a team effort which requires the combined efforts of lenders, agents, attorneys, pest inspectors, surveyors, appraisers, insurance companies and countless other settlement providers. We work closely with all parties to ensure an efficient, on-time closing.