Areas of Practice

Real Estate

Real Estate law has broadly served as the hallmark of our firm since its founding in 1985, and the firm has directly responded to and grown with the ever and unpredictably evolving nature of the real estate market in Florida. Given the extraordinary breadth of real estate law, we have assisted clients with a myriad of needs. Through good times and bad times, fast times and slow times, one thing has remained constant: we have served to champion and protect our clients’ real estate needs, interests, and goals.

 


Litigation

Our firm counsels and represents clients on a full range of real estate litigation services, both commercial and residential. Our representation covers the full landscape of real estate players, including landlords, tenants, lenders, borrowers, municipalities, property managers, homeowners’ associations, business owners, property owners, and investors. Our litigation portfolio includes disputes arises from:

o       Construction
o       Purchase and Sale Contracts
o       Escrow and Commission Disputes
o       Leases and Landlord / Tenant, ie. Eviction and Ejectment
o       Mortgages, including foreclosure and foreclosure defense 
o       Boundaries and Easements
o       Partition and Quiet Title


Residential Real Estate

We work intimately with both sellers and buyers, as well as their realtors, in negotiating and closing residential real estate transactions, from the offering of the contract, to the signing of the deed and issuance of title insurance. We understand the high level of pressure involved in even the most simple residential transactions, and we work with our clients to ameliorate this stress and address all their concerns, including the acquisition of financing and clearing clouds on title. For your added protection, we are proud and duly licensed closing and title insurance agents of Attorney’s Title Insurance Fund (more commonly known as “The Fund”) and Ticor Title Insurance Company.

The importance of hiring counsel to represent your interests when entering into residential real estate contract, whether you are a buyer or seller, cannot be emphasized enough.  Even the most seemingly simple and innocuous real estate transaction can evolve into a complex, harried, and tense event; thus, it is vital to have an experienced attorney on your side. The importance of closing with an attorney is grossly underestimated – having representation from the beginning can and will eliminate stress and save you a great deal of money and time, especially when something goes awry. In these volatile economic times, the importance of hiring counsel is even greater.

As an added bit of protection for our clients, our attorneys regularly attend educational seminars throughout the year presented by various underwriters and real estate organizations concerning updates in real estate law and critical changes in the title insurance industry that are vital to ensuring proper, lawful, and seamless documentary preparation and closings.


Commercial Real Estate

At Carter & Clendenin, we uniquely appreciate the complexity and attention to detail involved in a broad spectrum of commercial transactions. We carefully work with property owners and buyers, builders and developers, landlords, tenants, property managers, realtors, municipalities, and financial institutions, among other players, to accomplish their commercial real estate goals.

The importance of hiring counsel when entering into a commercial real estate deal is absolutely vital, given the inherent complexity and “high stakes” of the transaction. Whether it is a lease, a purchase agreement of commercial land or a business and its assets, a title insurance issue, or a zoning or environmental regulation issue, we are available to provide experienced counsel, champion our clients’ interests, and ensure a legally sound and smooth transaction.


Homeowners’ Associations

Our firm serves as counsel to several homeowners’ associations in Pinellas, Pasco, and Hernando Counties, and assists associations with a variety of their legal needs, including creating the non-profit entities and filing the with the state of Florida, drafting of by-laws and deed restrictions, creating amendments thereto, enforcement of restrictions, collection of delinquent dues, filing liens and prosecuting related foreclosures.


Zoning and Municipality Law

We assist and represent clients in the preparation, filing, and administration of zoning petitions, including conditional use or variance applications, vacations of easements and rights of way, and other county compliance issues. Zoning and municipality law is uniquely complex, statutorily sensitive, and requires and intimate knowledge of local ordinances and procedures. The attorneys at Carter & Clendenin are experienced in assisting clients in this particularly sensitive area of law in Pasco and Hernando Counties.


Estate Planning

Since its inception, Carter & Clendenin has assisted thousands of clients in the greater Tampa Bay area with their estate planning needs, including drafting of wills, revocable and irrevocable trusts, durable powers of attorney, living wills, prenuptial and post nuptial agreements, and enhanced life estate deeds. In fact, by working with various title insurance underwriters, Mr. Carter was instrumental in the development and acceptance of enhanced life estate deeds in the state of Florida.

Carter & Clendenin also assists clients in the administration of estates, otherwise more esoterically known as “probate”. Probate is the legal process of settling a deceased person’s estate, resolving claims of creditors and distributing the assets in accordance with the decedent’s wishes as evidenced by his/her will.  For further information on probating an estate, please contact the probate department in our New Port Richey office.

Our chief goal in the provision of counsel on estate planning is to avoid probate, which is costly and time consuming, and to reduce or eliminate estate tax consequences. Although we typically set up our client’s estate to avoid probate, there are certain situations when it is unavoidable or when the deceased client had not properly planned, and when these needs arise, Carter & Clendenin is there to assist and comfort our clients in such difficult and potentially confusing times.

For further information on wills, trusts, durable powers of attorneys, living wills, or probating an estate, please contact us to set up an appointment to see an attorney. Our estate planning consultations are free.

If you are unable to come to our office, our attorneys are notaries and are available to visit you at your place of residence for the execution of estate planning documents.


Business Organization and Transactions

Carter & Clendenin represents and assists clients in the formation of both simple and complex business organization. Whether you want to form a closely held business, a limited liability corporation, or a partnership, we can assist you with your needs and goals. The form of business you choose can have serious consequences that extend throughout every aspect of your business, from liability of its managers and stockholders to federal, state, and local taxation issues. Accordingly, it is critically important to seek legal counsel when entering into any business enterprise to ensure the maximum protection of your rights and profits, while minimizing your liabilities.

In addition to corporate and partnership organization, we assist and represent clients in the selling and/or acquisition of all types of businesses, including stock purchases and other asset and real property conveyances. We represent and assist business owners in the drafting and negotiating of complex asset purchase agreements, preparation of franchise agreements and compliance thereto, and lease agreements or assignments. We further assist business clients in the preparation and administration of employment instruments, including employer/employee agreements and non-compete agreements.