At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped many clients navigate this exact situation. Whether it’s former partners, business associates, or co-investors, a partition action can help resolve disagreements when emotions and money are involved.

This guide explains what a partition action is, who it’s for, how it works, and what to expect.

What Is a Partition Action?

A partition action is a legal process used to divide real estate among co-owners who can’t agree. It allows any co-owner to ask the court to divide or sell the property.

Under Florida law, anyone who owns a share in a property has the right to file a partition lawsuit. You don’t need permission from the other owners to start the process.

Common Situations That Lead to Partition Actions

Partition actions aren’t just for one type of property. We’ve seen them in many real-life situations, including:

Unmarried Romantic Partners

Couples often buy a house together but never marry. If the relationship ends, things can get complicated. Who keeps the house? Who pays the mortgage? When emotions run high, a partition action can bring clarity.

Friends or Family Members

Sometimes friends or siblings inherit property together. Other times, they go in on a vacation home or investment property. When they stop agreeing, one may want out. A partition action can help split the asset fairly.

Business Partners

Businesses sometimes own real estate together. But if the business dissolves or partners fall out, the property needs to be divided. That includes office buildings, warehouses, or commercial land.

Investment Groups

Real estate investors sometimes pool money to buy a property. If the deal goes south or someone wants their money back, a partition action may be the only path forward.

In all of these cases, a Florida real estate attorney can help evaluate your options.

Who Can File a Partition Action in Florida?

Anyone who owns part of a property can file. You don’t need to own half. Even if you only own 10%, you still have legal rights.

Some key requirements:

• You must be a legal owner (on the deed)
  
• The property must be jointly owned with one or more people
  
• You must be unable to reach an agreement with the other owners
  

Note: If the co-owners are married, the matter usually goes to family court during divorce—not through a partition action.

Types of Properties That Can Be Partitioned

Partition actions in Florida can involve many types of real estate, including:

• Single-family homes
  
• Condos or townhomes
  
• Commercial buildings
  
• Undeveloped land
  
• Investment or rental properties
  

Our Florida real estate attorneys have worked with all types of property owners. We understand the unique issues each type can bring.

How Does a Partition Action Work?

Partition actions follow a clear legal process in Florida.

Step 1: File the Lawsuit

One co-owner files a complaint in civil court. It explains who owns the property and why a split is needed.

Step 2: Serve the Other Owners

All co-owners must be notified. They have the chance to respond, agree, or fight the action.

Step 3: The Court Decides the Method

There are two ways the court can divide the property:

• Partition in kind — The property is physically split between owners. This works best for land or multi-unit properties.
  
• Partition by sale — The property is sold, and profits are divided. This is more common, especially with single-family homes.
  

The court usually orders a sale when the property can’t be fairly divided.

Step 4: The Sale Happens

If the court orders a sale, the property is sold through a public auction or private sale. Proceeds are then split among the owners based on their share.

Step 5: Expenses and Credits

Before the money is divided, the court may adjust for:

• Repairs or improvements made by one owner
  
• Mortgage payments made by one party
  
• Property taxes or upkeep costs
  

A Florida real estate attorney can help you make sure you get credit for your contributions.

Example: Partition of a Home After a Breakup

Let’s say two people buy a house together as romantic partners. Both names are on the deed. Years later, they break up. One wants to sell, and the other refuses.

In this case, the person who wants out can file a partition action. The court will likely order the home sold and divide the proceeds. If one person paid most of the mortgage or repairs, they may get a larger share.

Example: Commercial Property Dispute Between Business Owners

Two business partners co-own an office building. Their business shuts down, but they can’t agree on what to do with the building.

One files a partition lawsuit. Since the property can’t be split, the court orders it sold. Each partner receives their share after debts and costs are handled.

These examples show how a Florida real estate attorney can protect your rights in emotionally and financially charged situations.

Can You Stop a Partition Action?

Sometimes. If all parties can come to an agreement, you may avoid going to court.

Options include:

• Buying out the other owner’s share
  
• Agreeing to sell the property voluntarily
  
• Creating a written agreement with clear terms
  

Courts often encourage mediation before trial. If both parties are willing, mediation can lead to creative solutions that keep you out of court. For example, you might agree to a structured buyout over time, or refinance the property in one party’s name.

But once the lawsuit is filed, it’s hard to stop unless everyone agrees. That’s why legal advice early on is so important.

How Courts Handle Disagreements About Expenses

In many partition cases, one owner has paid more toward the mortgage, property taxes, or repairs. These payments can become major points of dispute.

When the court orders a sale, it can adjust the division of proceeds to reflect individual contributions. For example, if one owner spent $15,000 on roof repairs, they may be reimbursed before the remaining profits are split.

But the court won’t assume anything. You’ll need detailed records—like receipts, invoices, and proof of payment—to show your investment in the property. A Florida real estate attorney can help you organize the right evidence and present it effectively.

What to Expect in a Partition Lawsuit

A partition lawsuit can take months to resolve. A real estate litigationtimeline depends on how complex the case is and how cooperative the parties are.

Here’s what you should expect:

• Respond to legal filings and court notices promptly
  
• Provide documentation of ownership, payments, and expenses
  
• Attend mediation if the court requires it
  
• Cooperate with appraisers, realtors, or court-appointed referees
  
• Be prepared for court if a settlement isn’t reached
  

Some cases settle quickly. Others go to trial. Costs include filing fees, legal fees, and possibly appraisal or sale costs.

Working with an experienced Florida real estate attorney can help move the process along and avoid costly mistakes.

Pros and Cons of a Partition Action

Here’s a quick breakdown:

Pros:

• Forces a resolution when talks fail
  
• Ensures you receive your share of the property
  
• Can credit you for expenses you covered
  

Cons:

• Can be expensive and time-consuming
  
• Might strain relationships further
  
• Property is often sold, even if someone wants to keep it
  

Frequently Asked Questions About Partition Actions

Can I force a partition if the other owner lives in the home?

Yes, but the case can be more complicated. Courts may allow the resident to stay temporarily or may require them to pay rent to the other owner.

How long does a partition lawsuit take?

It depends. Some settle in a few months. Others may take a year or more, especially if the property is hard to value or sell.

Will I get back what I paid into the house?

Possibly. Courts can reimburse owners who paid for mortgage, taxes, or improvements—but you must have documentation.

Can we sell the property ourselves without going to court?

Yes. A voluntary sale is usually faster and cheaper. But it requires everyone to agree and skilled Florida real estate attorneys.

How to Avoid a Partition Dispute

Good planning goes a long way. Before buying property with others, consider:

• Creating a written agreement outlining rights and responsibilities
  
• Deciding what happens if one person wants to sell
  
• Keeping records of who pays for what
  

You can avoid many disputes with a simple co-ownership agreement. A Florida real estate attorney can help draft one before problems arise.

Why Expert Guidance from an Attorney Matters

Partition actions can get messy. They involve personal conflict, large sums of money, and legal complexity.

Our Florida real estate attorneys understand the law and how to apply it. We know what judges look for. And we know how to gather the right evidence to protect your share.

We also understand the emotional side. We’ll walk you through your options and help you make informed decisions.

Whether you’re trying to resolve a dispute or prevent one, we’re here to help.

Talk to Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

If you’re dealing with a real estate dispute, don’t wait. Talk to a Florida real estate attorney who understands your situation.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve built a reputation for honest, smart, and practical legal help. Our team brings decades of experience in Florida real estate law.

We’ve helped property co-owners resolve disputes and reach fair outcomes—both in and out of court.

Here’s what you can expect:

• A free consultation
  
• Clear legal advice
  
• A plan based on your goals
  
• Personal, responsive service from a trusted team
  

Reach out now to get started with your free consultation.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped countless business owners navigate sales smoothly. We know where disputes happen and how to prevent them. In this guide, our Florida business attorneys will explain the best ways to avoid post-sale disagreements and protect your interests.

Clear and Comprehensive Contracts Prevent Disputes

A well-drafted sales agreement is the foundation of a smooth business sale. Without a clear contract, misunderstandings and disagreements can arise.

What Should Your Business Sale Agreement Include?

• Detailed purchase terms – It is crucial to define exactly what the buyer is acquiring, including assets, inventory, and intellectual property.
• Payment structure – To avoid financial disputes, outline how and when payments will be made.
• Non-compete and confidentiality clauses – These prevent the seller from competing unfairly and safeguard business secrets.
• Liability and indemnification terms – Specifying who is responsible for debts, warranties, and legal claims minimizes future conflicts.
• Transition agreements – If the seller remains temporarily involved, setting clear expectations ensures a smoother transition.

Working with a Florida business attorney ensures that your contract is thorough and legally sound. A poorly written agreement leaves room for misinterpretation and conflict later.

Conduct Proper Due Diligence

Both buyers and sellers should conduct thorough due diligence before finalizing a sale. Overlooking key financial, legal, or operational details can lead to accusations of misrepresentation.

Key Steps in Due Diligence:

• Accurate Financial Records – Ensure all financial statements, tax returns, and profit/loss reports are up-to-date and transparent.
• Business Valuation – Confirm that the price reflects the true worth of the business.
• Legal Compliance – Address any pending lawsuits, regulatory issues, or contract obligations before the sale.
• Inventory and Assets – Verify the condition and ownership of all assets being transferred.

Additionally, by being transparent and organized, sellers can avoid claims that they misrepresented the business’s condition. Understanding business contract enforcement is also key to avoiding disputes—this U.S. Small Business Administration guide provides helpful insights on business agreements.

Ensure Smooth Transition and Training

Even after the sale, disputes can occur if the new owner struggles with the transition. Having a clear transition plan can prevent misunderstandings.

How to Ensure a Smooth Transition:

• Provide training and support – Offering guidance on daily operations, key relationships, and software systems ensures a seamless transition.
• Stay available for consultation – Remaining accessible for a short-term advisory period allows the new owner to adjust more effectively.
• Introduce the buyer to key contacts – This step fosters strong relationships with employees, suppliers, and customers, reducing operational friction.

When both parties agree on transition expectations upfront, disputes over training, operations, and support are less likely.

Address Outstanding Liabilities and Debts

A common source of post-sale disputes involves undisclosed liabilities. When buyers discover debts or legal issues that weren’t properly disclosed, they may take legal action.

How to Protect Yourself as a Seller:

• Pay off debts before the sale – Clear outstanding liabilities to prevent legal claims.
• Disclose everything upfront – Hidden issues can lead to breach-of-contract lawsuits.
• Use indemnification clauses – Clearly define who is responsible for past debts or future claims.

Buyers want assurance that they’re not inheriting legal or financial surprises. Sellers must be upfront to avoid future conflicts.

Avoid Earnout Disputes

An earnout agreement means the seller receives part of the payment based on the business’s future performance. These agreements can lead to disputes if expectations aren’t clear.

How to Reduce Earnout Conflicts:

• Define performance metrics – Clearly outlining how revenue, profit, or growth targets will be measured eliminates confusion.
• Set a timeline for payments – A structured schedule clarifies when and how earnout payments will be disbursed.
• Establish reporting requirements – Both parties should agree on who will track and verify financial results to maintain transparency.

A Florida business attorney can draft an earnout agreement that minimizes interpretation disputes and ensures fairness.

Protect Intellectual Property and Trade Secrets

Intellectual property (IP) is often a valuable part of a business sale. If ownership rights aren’t clear, disputes can follow.

Steps to Protect IP:

• Clearly transfer IP rights – Specify who owns patents, trademarks, copyrights, and proprietary systems.
• Use confidentiality agreements – Prevent unauthorized use of sensitive business information.
• Secure software and databases – Ensure proper licensing and access control for business systems.

Failing to clarify who controls trade secrets and branding can lead to costly legal battles down the road.

Plan for Tax Implications

Selling a business comes with tax consequences that can lead to unexpected financial disputes.

How to Avoid Tax Disputes:

• Work with tax professionals – Ensure tax obligations are addressed before finalizing the sale.
• Allocate the purchase price properly – Categorizing assets incorrectly can cause tax audits.
• Understand capital gains taxes – Know how your sale will be taxed to avoid disputes over post-sale liabilities.

Moreover, proper tax planning prevents unexpected financial burdens for both buyers and sellers. For more guidance on tax obligations in business sales, check out this IRS resource on business taxes.

Common Legal Disputes After a Business Sale

Even with careful planning, disputes can arise after a business sale. Understanding the most common issues can help sellers take proactive steps to prevent conflicts.

Common Disputes Between Buyers and Sellers:

• Misrepresentation of Financials – Buyers may claim that the seller overstated revenue, profits, or assets before the sale.
• Breach of Contract – Either party may fail to meet obligations, such as payment schedules, transition agreements, or non-compete clauses.
• Intellectual Property Conflicts – Purchasers may discover that certain trademarks, patents, or copyrights were not properly transferred.
• Earnout Disagreements – If part of the sale price depends on the business’s future performance, disputes can arise over financial reporting and revenue tracking.
• Undisclosed Liabilities – Unexpected debts, lawsuits, or tax obligations may be discovered which were not disclosed before closing.

Identifying these risks early and addressing them in a detailed contract can prevent costly legal disputes.

The Role of Mediation and Arbitration in Dispute Resolution

When a dispute arises, mediation and arbitration can provide alternative solutions to a courtroom battle.

How Mediation Works:

• A neutral third party helps both sides reach a mutually beneficial resolution.
• Mediation is often faster and less expensive than going to court.
• It can preserve professional relationships by avoiding hostile legal battles.

Consider Arbitration as an Alternative to Litigation:

• Arbitration is more structured than mediation but still faster than traditional lawsuits.
• The parties present evidence, and a neutral arbitrator makes a legally binding decision.
• Many contracts include mandatory arbitration clauses to resolve disputes without going to court.

Including mediation and arbitration clauses in your business sale agreement can reduce legal costs and ensure disputes are handled efficiently.

How to Choose the Right Buyer to Minimize Risk

The right buyer can make all the difference in avoiding post-sale disputes. Vet potential buyers carefully to ensure they are financially stable and capable of managing the business.

Tips for Identifying a Reliable Buyer:

• Conduct background checks – Verify their business history, reputation, and financial records.
• Request financial documentation – Ensure they can meet payment obligations without issue.
• Look for realistic expectations – Buyers who make exaggerated promises may not fully understand the business.
• Consider structuring payments properly – Upfront payments reduce the risk of non-payment or disputes over earnout terms.

A thorough screening process can prevent financial losses and unnecessary legal conflicts after the sale.

What to Do If Litigation Becomes Necessary

Despite best efforts to prevent disputes, some conflicts cannot be resolved through negotiation, mediation, or arbitration. In such cases, litigation may be necessary.

When to Consider Litigation:

• Fraud or misrepresentation – If a party knowingly provided false information, legal action may be required to recover losses.
• Breach of contract – When the other party refuses to comply with the agreed terms.
• Intellectual property theft – If the seller continues using trademarks or business materials after the sale.
• Failure to pay – Should the buyer refuse to make scheduled payments.

Steps to Take Before Filing a Lawsuit:

• Gather all documentation – Retaining records of the sale agreement, communications, and financial transactions strengthens your case.
• Attempt alternative resolution methods – Before litigation, mediation or arbitration may be required by the courts.
• Consult a business litigation attorney – Seeking legal guidance from an experienced Florida business attorney ensures proper case assessment and strategic direction.

While litigation can be time-consuming and costly, it may be the best option to protect your financial interests and enforce contractual obligations.

A Checklist for Sellers to Prevent Post-Sale Disputes

To protect yourself from legal conflicts, use this checklist before finalizing a business sale:

• Hire a Florida business attorney to draft a solid agreement.
• Verify the buyer’s financial background and ensure they can meet payment obligations.
• Clearly document all assets and liabilities to avoid post-sale surprises.
• Define non-compete terms to prevent conflicts over competition.
• Plan for transition support and document the seller’s post-sale role.
• Include arbitration and mediation clauses to avoid unnecessary litigation.
• Work with tax professionals to properly structure the deal and avoid IRS issues.

Proactive planning is the best way to ensure a smooth sale and protect yourself from legal challenges.

Why Expert Guidance from a Business Attorney Matters

Business sales are legally complex. A minor mistake can lead to expensive disputes, delayed payments, or even lawsuits. Skilled Florida business attorneys help prevent these issues by:

• Drafting strong contracts that leave no room for interpretation.
• Ensuring compliance with Florida business and tax laws.
• Negotiating fair terms that protect your financial interests.
• Resolving disputes quickly before they escalate into lawsuits.

Having legal guidance ensures a smooth sale and financial protection for both parties.

Contact Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve helped business owners across Florida navigate successful sales without legal trouble. Our experienced Florida business attorneys know how to prevent disputes and ensure your agreement is legally sound.

We take pride in our long history of success, dedication, and professionalism. Whether you’re selling a small business or a large corporation, our team provides the expertise you need for a smooth and secure transaction.

Contact us here to schedule your free consultation.

Don’t let legal disputes derail your business sale. Let us protect your interests and help you move forward with confidence.

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What Is ‘As Is’ in Real Estate?

A Seller’s Duty

• Any potential or actual claims, complaints or legal proceedings
• Any boundary disputes
• Any environmental hazards
• Any termites or pest damage or infestations
• Any damage or potential damage from sinkholes
• Any known problems with important components including HVAC, plumbing, electrics, roofing, structural integrity etc.
• Any condominium or homeowner association rules

How Do Florida ‘As Is’ Residential Contracts Work?

• Is subject to a satisfactory inspection
• Then the buyer is on their own, and the seller has no involvement with any repairs.
• If the buyer’s lender requires repairs, the buyer must pay it themselves.

When to Use an ‘As Is’ Residential Contract?

As a Seller

As a Buyer

Quick Sales

How to Get Out of a Florida Real Estate Contract?

What Is a FAR/BAR ‘As Is’ Contract?

Why Use an Attorney To Help With Florida ‘As Is’ Residential Contracts?

Hire a Residential Real Estate Contract Attorney in Florida

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In both commercial and residential real estate transactions in Florida, the real estate taxes are prorated as of the date of the closing. This is generally a matter covered in the purchase and sale agreement and sometimes is memorialized in a separate agreement referred to as a tax proration agreement.

What Does Prorated Taxes Mean and Why Is It Necessary?

Do Real Estate Taxes Change After a Sale?

Homestead/Save Our Homes (SOH)

How Are Taxes Calculated in Florida?

The Reassessment Dilemma

Re-Proration Example

Seller has owned a property located in the Old Northeast neighborhood of St. Petersburg, Florida for 50 years. Property C. Seller paid $50,000 for Property C at the time Seller acquired the property. Property C has been Seller’s homestead for the entire time that Seller owned Property C. In 2020, Seller sold Property C to Buyer for $800,000.00, the closing occurred on May 1, 2020.

At closing, Seller provided Buyer with a credit based upon taxes from the prior year (2019). The taxes for 2019 are equal to: Property C’s assessed value (with SOH cap): ($65,000.00/1000) * 21.5570 (2019 millage rate) = $1,401.21. Therefore, Seller provided Buyer with a credit to compensate Buyer for Seller’s period of ownership (4 months). The credit Buyer received at closing was equal to: ($1,401.21/12) * 4 = $467.07.

Following the sale, Property C was re-assessed at 90% of its Market Value, which is the sales price of Property C. The assessed value is equal to $800,000 x .9 = $720,000. Therefore, when the tax bill comes due in November it will be equal to: ($720,000/1000) x 21.5570 = $15,521.04. Buyer will be expected to pay this entire tax bill.

Under the contract Buyer requests a re-proration. The difference between what the credit at closing actually was at closing and what it would have been given the actual taxes will be due to the buyer. The credit at closing “should have been” equal to ($15,521.04/12) * 4 = $5,173.68. The amount that is due to buyer due to the re-proration is equal to: $5,173.68 – $467.07 = $4,706.61.

Hire a Real Estate Contract Attorney in Florida

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Due to your votes, we proudly secured top honors in six categories this year:

• Best Law Firm
• Best Title Company
• Best in Business Law
• Best in Defense Law
• Best in Personal Injury Law
• Best in Estate Law

About the People’s Choice Award 2024

The Tampa Bay Times Best of the Best: People’s Choice Award is a prestigious community-driven contest that identifies the top businesses and services in the Tampa Bay area. Each year, local residents cast hundreds of thousands of votes to recognize outstanding companies in the area.

Battaglia, Ross, Dicus & McQuaid, P.A.: A Legacy of Legal Excellence

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a cornerstone of the legal community in Tampa Bay. Founded by Anthony S. Battaglia, the firm is known for its dedication and personalized legal representation.

We serve clients across Tampa Bay and St. Petersburg, providing legal services in:

Personal Injury

Our personal injury practice covers a wide range of incidents, including car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, boating accidents, slip and fall incidents, dog bites, wrongful death, brain injuries, and spinal cord injuries.

Criminal Defense

In criminal defense, we handle a wide range of cases including DUI defense, drug charges, theft charges, violent crimes, domestic violence, federal crimes, juvenile defense, traffic violations, white-collar crimes and probation violations.

Estate Planning Law

Battaglia, Ross, Dicus & McQuaid, P.A. offers estate planning services including wills, trusts, probate administration, estate planning, guardianship, elder law, special needs planning, Medicaid planning, and advance directives.

Wills, Trusts, and Probate

In the area of wills, trusts, and probate, we offer a comprehensive range of services. Our expertise includes wills, trusts, probate administration, estate planning, guardianship, elder law, special needs planning, Medicaid planning, and advance directives.

Business and Commercial Litigation

Our business and commercial litigation practice encompasses various areas including contract disputes, business torts, real estate litigation, construction litigation, partnership disputes, shareholder disputes, non-compete agreements, intellectual property disputes, and employment disputes.

Real Estate Law

For real estate law, we handle residential real estate, commercial real estate, real estate transactions, landlord-tenant disputes, property development, zoning and land use, title issues, foreclosures, construction law, and homeowners association (HOA) law.

Property Damage

We offer a wide range of property damage services, including insurance claims, storm and hurricane damage claims, fire damage claims, water damage claims, mold damage claims, vandalism claims, business interruption claims, property loss disputes, appraisal and mediation, as well as litigation services. Our expertise extends to handling complex litigation cases, which can be found in our section on complex litigation.

At Battaglia, Ross, Dicus & McQuaid, P.A., we pride ourselves on our extensive professional network. Whatever your legal concern, we can address it or refer you to the right expert for the best outcome.

Our Commitment to Clients

Winning the Best of the Best award year after year is a testament to our unwavering commitment to client satisfaction. We prioritize your needs, providing personalized attention and expert legal guidance, ensuring that you feel supported every step of the way.

What Sets Us Apart

Our firm’s reputation is built on our exceptional courtroom performance and a proven track record of success. We handle high-profile and complex cases with skill, experience, and dedication, delivering results that consistently exceed client expectations.

Engagement in Community Service

Community service is a foundational value at Battaglia, Ross, Dicus & McQuaid, P.A. Our attorneys are actively involved in various acts of civic participation, community service, and leadership roles, giving back to the community that supports us.

For example, Attorney Sean McQuaid’s service includes his long-standing involvement with the Harbor Isle Homeowners’ Association in St. Petersburg, where he has served as President or Vice-President for thirteen years. Attorney Howard Ross has organized and participated in local beach cleanups through Keep Pinellas Beautiful, ensuring our coastlines remain pristine and protected. Attorney Andrew Pardun has been recognized by The Florida Bar for his meritorious public service, exemplifying our firm’s dedication to making a positive impact on the community.

Our commitment to community service extends beyond these individual efforts, as the entire firm participates in annual charitable events, including food drives for the St. Petersburg Free Clinic and fundraising events for local schools and non-profit organizations. Through these collective efforts, Battaglia, Ross, Dicus & McQuaid, P.A. demonstrates its unwavering dedication to the well-being and betterment of our community.

A History of Recognition

At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud of our longstanding tradition of excellence, and we continue to be honored with numerous accolades. In addition to the prestigious Best of the Best award, our firm boasts over 430 awards and has been recognized as a Tier 1 law firm by U.S. News & World Report.

Our impressive list of honors includes:

• Florida Trend Legal Elite: Attorney Sean McQuaid has continuously been recognized for his outstanding contributions to the legal field.
• Florida Super Lawyers 2024: Being acknowledged by Super Lawyers has become an annual honor for our firm. In 2024, seven attorneys, Sean McQuaid, Aubrey Dicus, Howard Ross, Caitlin Szemotowicz, Robert Kapusta, Andrew Pardun, and Lama Alqasemi, have all been named Florida Super Lawyers in 2024 for their exceptional legal expertise and dedication.
• The Best Lawyers in America: Every year we have been honored that our attorneys have been listed among The Best Lawyers in America, signifying their high level of peer recognition and professional achievement. In 2025, twelve of our distinguished attorneys received this honor.
• Best of the Bay by Creative Loafing: Attorney Sean McQuaid received this local recognition in 2022 for his impactful community service and legal excellence.
• Lawyers of Distinction: Attorney Sean McQuaid and Attorney Howard Ross have both been acknowledged as Lawyers of Distinction for their superior legal skills and ethical standards.

Contact Us Today

If you need legal services in St. Petersburg or throughout Pinellas County and Hillsborough County, call Battaglia, Ross, Dicus & McQuaid, P.A. to experience the top-tier representation that has earned us our outstanding reputation.

Visit us at www.stpetelawgroup.com or call or text +(197) 0232-0268 for more information or to schedule a consultation. Thank you for your continued support!

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

We are the law firm that you call when you want the best attorneys at a fair and reasonable price. When you walk into court with one of our attorneys by your side, you will be treated differently. Our lawyers have spent their careers developing connections and insights that will help your case.

For more information please contact us at Battaglia, Ross, Dicus & McQuaid, P.A. to schedule a free consultation with an attorney today. We have three convenient locations in Pinellas County and Hillsborough County to better serve you.

Battaglia, Ross, Dicus & McQuaid, P.A 5858 Central Ave suite St. Petersburg, FL 33707 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Downtown Office 136 4th St N #2233 St. Petersburg, FL 33701 +(197) 0232-0268

Battaglia, Ross, Dicus & McQuaid, P.A. – Riverview Office 12953 US-301 #102 Riverview, FL 33578 (813) 639-8111

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Imagine your rental properties are bringing in a great income, but there’s always that worry—what if someone sues you or a debt arises? Without the right protection, your personal assets like your home and savings could be at risk. That’s where a Limited Liability Company (LLC) comes in.

For property owners in sunny St. Petersburg, using an LLC isn’t just smart—it’s a way to protect what you’ve worked so hard to build. You can rest easy knowing your investments are safe from unexpected challenges.

Here’s why an LLC can be a game-changer for your real estate investments:

Liability Protection: This means your personal stuff is off-limits if your LLC faces a lawsuit or debts. Your home, savings, and other personal assets stay safe.

Separation of Assets: Keeping your personal and business properties distinct helps you manage them better and avoid a financial mess.

Tax Advantages: Enjoy the perks of pass-through taxation, which can help you dodge double taxation, keeping more money in your pocket.

To navigate this process smoothly, consult a St. Petersburg real estate attorney. They’ll ensure you meet all local regulations and tailor the LLC to your specific needs.

Ready to take your real estate investments to the next level while enjoying greater peace of mind? Read on to discover why putting your St. Petersburg real estate in an LLC might be the smartest move you make for your financial future.

Understanding LLCs and Their Benefits for Real Estate Investors

A Florida real estate LLC (Limited Liability Company) is a legal business entity used to own and manage property. It provides personal asset protection by separating personal and business assets, which means your home and savings are generally protected from business-related liabilities. Additionally, it offers potential tax benefits for property owners.

Liability Protection

An LLC offers real estate investors liability protection, shielding personal assets from property-related lawsuits and debts. If sued over an incident on your property, only the LLC’s assets are at risk, not your personal savings or other properties.

Separation of Assets

An LLC helps in organizing personal and business properties effectively by separating your assets, simplifying accounting, easing tax filing, and reducing ownership confusion.

Avoiding Double Taxation

LLCs offer pass-through taxation, avoiding double taxation faced by corporations. Income passes directly to owners’ personal tax returns, making LLCs a preferred choice for real estate investors.

LLCs protect assets and provide tax advantages for real estate investors.

Legal Considerations for Forming an LLC in Florida

Filing Articles of Organization

To form an LLC in Florida, start by filing the Articles of Organization with the Florida Division of Corporations. This document includes:

• Name and address of the LLC
• Names and addresses of the members or managers
• Registered agent information

Submitting these details is essential for legally establishing your LLC.

Importance of an Operating Agreement

An Operating Agreement outlines the management structure. It specifies:

• Roles and responsibilities of members
• Voting rights and decision-making processes
• Procedures for adding or removing members

Having this agreement helps maintain clear operational guidelines.

Consulting a St. Petersburg Real Estate Attorney

Consult a lawyer with specialized Florida real estate experience to navigate state regulations. Legal professionals provide:

• Tailored advice on Florida law compliance
• Assistance with necessary documents
• Guidance on asset protection

A consultation ensures legal compliance, protecting your investment.

Forming an LLC in Florida involves many steps and legal considerations. Consulting a St. Petersburg real estate attorney streamlines this process, ensuring proper protection and management of your investments.

Transferring Real Property into Your Newly Formed LLC

Transferring real property into an LLC involves several important steps. One key step is filing a Quit Claim Deed with the County Clerk’s office. This document transfers ownership of the property from your name to the LLC. It is essential to ensure that all details are accurate to avoid any legal complications.

Filing a Quit Claim Deed

Prepare the Quit Claim Deed: Include details such as property description, names of the grantor (current owner) and grantee (LLC), and notarized signatures.

Submit to County Clerk’s Office: File the completed deed with the Pinellas County Clerk’s office where the property is located.

Record Keeping: Ensure you keep copies for your records and confirm that the transfer has been recorded properly.

Mortgages and Liens

If there are existing mortgages on the property, you must inform your lender before transferring it to an LLC. Some lenders may require full repayment upon transfer, or they might need to reassess terms.

Homestead Exemptions

When transferring properties into an LLC, you might lose certain benefits such as homestead exemptions. These exemptions provide significant tax advantages and protections under Florida law:

Property Tax Reduction: Homestead exemptions can lower your property taxes.

Protection from Forced Sale: This protects your primary residence from creditors in most cases.

Transferring your primary residence into an LLC could mean forfeiting these benefits. Assess whether these potential losses outweigh the advantages of using an LLC for asset protection and business purposes.

Consulting a St. Petersburg real estate attorney ensures this process goes smoothly and legally, protecting your interests throughout the transfer process.

Estate Planning, Asset Protection, and Tax Implications with an LLC

Using an LLC for estate planning has many long-term benefits. One major benefit is charging order protection. This protection helps keep your assets safe from lawsuits by limiting a creditor’s ability to take your property held in the LLC.

Tax Advantages

Pass-through Taxation: Unlike corporations that face double taxation, an LLC allows for pass-through taxation. This means profits are only taxed once on your personal income tax return.

Expense Deduction: Owners can also deduct various expenses related to managing their properties, reducing overall taxable income.

Estate Planning Benefits

Asset Distribution: An LLC makes it easier to transfer real estate to heirs, making estate administration smoother and potentially avoiding probate.

Control and Flexibility: You retain control over how assets are managed and distributed among beneficiaries, offering more flexibility than traditional wills or trusts.

These benefits make forming an LLC a smart choice for real estate owners in St. Pete looking to protect their investments and optimize their tax situation.

Insurance Considerations for Property Owners with an LLC

Insurance for LLC property owners is crucial. It protects your investments and shields you from potential liabilities. Here are some essential types of insurance you should consider:

General Liability Insurance

This type of insurance covers legal fees, medical expenses, and damages if someone is injured on your property. It also protects against lawsuits related to tenant injuries or accidents.

Property Insurance

Property insurance covers damage to the physical structure of your property. This includes protection against natural disasters, vandalism, fire, and theft.

Landlord Insurance

If you rent out your property, landlord insurance is a must. It covers lost rental income if your property becomes uninhabitable due to covered perils. It also includes liability coverage for tenant-related claims.

Umbrella Insurance

Umbrella insurance provides additional liability coverage beyond your standard policies. It’s beneficial for large real estate portfolios as it offers extra protection against significant claims or lawsuits.

Workers’ Compensation Insurance

If you employ workers for maintenance or management tasks, workers’ compensation insurance is necessary. It covers medical expenses and lost wages for employees injured on the job.

Business Interruption Insurance

This type of insurance compensates for lost income if your property operations are halted due to a covered event. It helps in managing expenses during the period when your property is being repaired or restored.

Investing in these insurances ensures comprehensive coverage for properties held under an LLC, protecting both assets and income streams from unforeseen events.

How a St. Petersburg Real Estate Attorney Can Help You With Your LLC

Forming an LLC can be complicated, especially when it comes to understanding the legal requirements. That’s where a St. Petersburg real estate attorney comes in. They can help you navigate through the process and ensure that your LLC complies with all state laws.

Here’s how an attorney can assist you:

1. Filing Requirements

An attorney can help you complete and submit all necessary documents, such as the Articles of Organization, which are required to officially establish your LLC.

2. State Regulations

Florida has specific rules that govern LLCs. A St. Petersburg real estate attorney who specializes in real estate can advise you on these regulations and how they may impact your business.

Protecting Your Assets

One of the main reasons people choose to form an LLC is to protect their personal assets from potential liabilities associated with their business activities. A knowledgeable lawyer can provide guidance on asset protection strategies tailored to your situation.

This may include:

Identifying any weaknesses or vulnerabilities in your current asset portfolio

Implementing measures to minimize exposure to lawsuits and debts

Drafting Operating Agreements

An operating agreement is a crucial document that outlines the ownership and management structure of your LLC. It also sets forth the rights and responsibilities of each member.

An experienced attorney customizes your operating agreement to reflect your business model, preventing conflicts with clear decision-making and operational guidelines.

Contact a St. Petersburg Real Estate Attorney For a Free Consultation

Consult the seasoned attorneys at Battaglia, Ross, Dicus & McQuaid, P.A. in St. Petersburg to understand the benefits of forming an LLC for your property investments. Our legal experts provide invaluable insights to help you make informed decisions tailored to your specific needs.

Take advantage of a free consultation to discuss your unique situation and explore customized solutions. This initial meeting can clear up many aspects, from tax implications to asset protection strategies.

With a proven history of success and a strong commitment to client care, you can trust us to safeguard your real estate interests. Our experienced attorneys will guide you through the legal complexities, ensuring your LLC is set up correctly and efficiently.

Don’t hesitate—reach out to the professionals at Battaglia, Ross, Dicus & McQuaid, P.A. for personalized advice on setting up and managing an LLC in St. Pete. Protect your assets and optimize your investments with our expert guidance.

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• Personal Injury Litigation – Plaintiffs

• Commercial Litigation
• Criminal Defense: General Practice
• Criminal Defense: White-Collar
• Personal Injury Litigation – Defendants
• Personal Injury Litigation – Plaintiffs

• Insurance Law
• Litigation – Insurance

• Closely Held Companies and Family Businesses Law
• Corporate Law
• Real Estate Law
• Trusts and Estates

• Litigation – Trusts and Estates
• Trusts and Estates

• Business Organizations (including LLCs and Partnerships)
• Litigation – Real Estate
• Real Estate Law

• Litigation – Trusts and Estates
• Trusts and Estates

• Business Organizations (including LLCs and Partnerships)
• Commercial Litigation
• Commercial Transactions / UCC Law
• Corporate Law
• Litigation – Mergers and Acquisitions
• Litigation – Real Estate
• Real Estate Law

• Commercial Litigation

• Real Estate Law

• Elder Law

• Personal Injury Litigation – Plaintiffs

Sean K. McQuaid

Aubrey O. Dicus, Jr.

Andrew R. Pardun

Bruce Marger

Caitlin C. Szematowicz

Howard P. Ross

Jonathon Douglas

Kenneth Thornton

Robert Kapusta, Jr.

C. Hunter Rawls

Best Lawyers in America: Ones to Watch 2025

Lama Alqasemi

Ranger Jackson

Best Lawyers in America and Ones to Watch 2025

About the Firm: Battaglia, Ross, Dicus & McQuaid, P.A.

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Congratulations to these accomplished attorneys for their dedication to their clients and their contributions to the legal community.

Super Lawyers, a part of Thomson Reuters, is a research-driven and peer-conducted rating system. It identifies outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

Super Lawyers recognizes less than 5% of Florida attorneys. This year, Battaglia, Ross, Dicus & McQuaid, P.A. celebrates Sean McQuaid, Aubrey Dicus, Howard Ross, Caitlin Szemotowicz, and Robert Kapusta on the list. Additionally, Andrew Pardun and Lama Alqasemi are honored as Super Lawyers Rising Stars, a distinction for only 2.5% of Florida lawyers who are 40 or younger or have practiced for 10 years or less.

Meet Our 2024 Florida Super Lawyers

Sean McQuaid

As the President of Battaglia, Ross, Dicus & McQuaid, P.A., Sean McQuaid exemplifies leadership and excellence. Recognized as a Florida Super Lawyer every year since 2014, Sean has made remarkable strides in his career. His legal expertise spans personal injury and criminal defense. Sean’s influence extends beyond the courtroom as he has held various leadership roles in community organizations, including the St. Petersburg Bar Association and the Make-a-Wish Foundation Executive Committee.

Caitlin Szematowicz

Celebrated for her sixth consecutive year as a Florida Super Lawyer, Caitlin Szematowicz excels in appeals, commercial litigation, general civil litigation, and labor and employment. Caitlin’s contributions to the legal field and her community involvement, such as her past presidency of the St. Petersburg Bar Foundation and the Pinellas County Trial Lawyers Association, underscore her dedication and prowess.

Aubrey Dicus

Aubrey Dicus, a former President and CEO of the firm, continues to earn recognition as a Florida Super Lawyer. With nearly 50 years of legal experience, Aubrey has made significant contributions to the legal community. His expertise includes criminal defense, civil litigation, commercial litigation, and personal injury. Aubrey’s leadership and legal acumen have garnered him respect and numerous accolades, including recognition by “Best Lawyers in America.” He has also demonstrated his leadership abilities through prestigious positions in the Pinellas Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers.

Howard Ross

With over 57 years at the firm, Howard Ross has a storied career in St. Petersburg’s legal community. Recognized again as a Florida Super Lawyer, Howard specializes in business and corporate litigation and real estate transactions. His accolades include the Martindale-Hubbell AV Preeminent rating and the Albert Nelson Marquis Lifetime Achievement Award.

Robert Kapusta, Jr.

Recognized once more as a Florida Super Lawyer, Robert Kapusta specializes in business and corporate law, mergers and acquisitions, and tax and estate planning. Robert is also a CPA and active in the community, holding leadership roles such as chair of the Executive Committee for the St. Petersburg Downtown Partnership. His legal expertise and community involvement make him a respected figure in the legal field.

Andrew Pardun (Rising Star)

Andrew Pardun, named a Rising Star for the sixth consecutive year, specializes in real estate law, commercial litigation, and business law. His leadership roles in community organizations, such as the Executive Committee of the St. Petersburg Bar Association, highlight his commitment to excellence and service.

Lama Alqasemi (Rising Star)

Lama Alqasemi is honored as another Rising Star. She’s an outstanding attorney in estate planning, tax planning, and probate and trust administration. She holds a Master of Laws in Taxation from the University of Florida and a Juris Doctor from George Mason University, bringing a multifaceted legal perspective from her experiences at the Department of Justice and Dentons in Prague. A Tampa Bay native, Lama is dedicated to her clients and community, providing personalized legal services and engaging in educational outreach since her return in 2022.

A Legacy of Excellence in Tampa Bay

Battaglia, Ross, Dicus & McQuaid, P.A., one of the oldest law firms in the Tampa Bay area, has been providing exceptional legal services since 1958. Founded by Anthony Battaglia, the firm upholds a philosophy of helping others and giving back to the community. The firm’s attorneys continue to offer prestigious legal services in various areas, including:

• Commercial Litigation
• Corporate and Business Law
• Criminal Defense
• Estate Planning and Probate
• General Civil Litigation
• Labor and Employment
• Personal Injury
• Property Damage and Insurance Dispute
• Real Estate

Battaglia, Ross, Dicus & McQuaid, P.A. is more than just a law firm. They are a cornerstone of the community, committed to excellence both inside and outside the courtroom. Every attorney at the firm upholds the standard of giving back and contributing to the community, a legacy started by their founder.

For legal representation by some of Florida’s top attorneys, contact Battaglia, Ross, Dicus & McQuaid, P.A. today.

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What Are Short-Term Rentals?

Key Rental Regulations in Saint Petersburg, Florida

Zoning Requirements and Rental Frequency Guidelines

• Condo hotels
• Unincorporated areas

Condo Hotels

Unincorporated Areas

Short-Term Rental Rules by Zoning

• In Residential Traditional (RT) and Residential Suburban (RS) zones, short-term rentals are not permitted.
• Conversely, in Downtown Center (DC) and Commercial General (CG) zones, short-term rentals are generally allowed.

• If your property is located within a historic district or has landmark status, additional requirements may apply.
• Similarly, properties located within coastal high-hazard areas or flood zones may face restrictions or additional safety requirements.

Property Registration and Code Enforcement

Property Registration

• Inventory Maintenance: By registering, the city can keep track of all short-term rental properties for regulatory purposes.
• Oversight and Accountability: Registering involves providing detailed information about the rental property and the owner. This information helps authorities ensure that hosts are following the rules and regulations.

Code Enforcement

• Ensuring Safety: Code enforcement officers conduct inspections of short-term rental properties to make sure they meet safety requirements such as fire codes.
• Maintaining Quality: These officers also check if the amenities provided by hosts meet certain quality standards.

• Fire Safety: Install smoke detectors, carbon monoxide detectors, and have clear escape routes.
• Property Standards: Keep the premises clean, safe, and ready for guests.
• Regulatory Measures: Follow any additional rules specific to your zoning district or property location in St. Petersburg.

Tax Obligations and Financial Responsibilities

• Keep good records of all the transactions related to your short-term rental business.
• Pay your taxes on time so you don’t get hit with any extra fees or interest charges that could eat into your profits.

Why Compliance Matters

How Can a St. Petersburg Real Estate Attorney Help Your Process?

• Drafting and reviewing rental agreements for short-term rentals to ensure legal compliance and protection of your rights as a landlord or tenant.
• Providing guidance on zoning regulations and local ordinances related to short-term rentals in St. Petersburg to prevent potential violations. – Assisting in obtaining necessary permits or licenses required for short-term rental properties to operate legally.
• Handling any disputes or legal issues that may arise between landlords, tenants, or neighbors in relation to short-term rentals.
• Offering legal advice on liability concerns and insurance coverage for short-term rental properties to mitigate risks.
• Representing clients in negotiations or litigation related to short-term rental agreements or property disputes.

Contact a St. Petersburg Real Estate Attorney For a Free Consultation

Award-Winning Attorneys at Battaglia, Ross, Dicus & McQuaid, P.A.

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Why You Need an NDA

Understanding the Enforceability of NDAs in Pinellas County

• Mutual Consent: Both parties must understand and agree to the terms.
• Legality: The agreement’s purpose should be legal and not against public policy.
• Reasonableness: The scope, geographical area, and time of the NDA should be reasonable.
• Legitimate Business Interest: The information should have a specific value to your business.

The Role of Consideration in Drafting Valid NDAs

Definition and Importance of Consideration in NDAs

1. Money
2. Sharing secret information with each other
3. Promising future benefits

Complexities in Employment-related NDAs

Scenarios Where Consideration is Needed in NDAs

1. New Employment: Giving away trade secrets or sensitive information could be the consideration for new hires.
2. Current Employees: An NDA needs to come with extra money or benefits for it to count.
3. Business Deals: Consideration can include both parties signing NDAs or possible partnerships that would help both sides make money.

Ensuring Clarity: Defining Confidentiality in Your Pinellas County NDA

Why is Defining Confidentiality Important?

Achieving Specificity in Protected Information

1. Customer lists
2. Marketing strategies
3. Proprietary technology

The Importance of a Well-Crafted Definition

Consequences and Remedies for Breach of an NDA under Pinellas County Law

Financial Consequences

Damages and Compensation

Liquidated Damages Clause

Essential Elements to Include in Your Pinellas County NDA

Seeking Professional Advice for Your NDAs in Pinellas County

Why You Should Seek Professional Advice

• Expertise: Experienced business lawyers have extensive knowledge of the law and can make sure your NDA meets all the legal requirements specific to Pinellas County.
• Customization: Every NDA should be tailored to fit your unique business needs, and seasoned attorneys can help make that happen.
• Risk Management: Getting proper legal advice can help you identify and address potential issues before they become major problems, reducing the chances of ending up in court.

Who Can Help You

How to Get Started

1. Schedule a Consultation: Set up a meeting with Battaglia, Ross, Dicus & McQuaid, P.A. to discuss your specific NDA requirements.
2. Get an Assessment: Let their team evaluate the details of your situation and provide personalized recommendations based on their expertise.
3. Create Your NDA: Work together with their attorneys to draft an NDA that effectively safeguards your business interests.

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