Manuel Farach

• Represented amicus the Florida Land Title Association before the Florida Supreme Court in case concerning the standard for covenants running with the land. Hayslip v. U.S. Home Corp., 276 So. 3d 109 (Fla. 2d DCA 2019), review granted, 2020 WL 5949844 (Fla. 2020).
• Represented amicus The Business Law Section of the Florida Bar before the Florida Supreme Court in successful challenge to adopt the Celotex standard for summary judgment proceedings. In re Amendments to Florida Rule of Civil Procedure 1.510, — So.3d —-, 2020 WL 7778179 (Mem) (Fla. 2020).
• Represented amicus The International Council of Shopping Centers in case involving the proper interpretation of easements in gross, including discretionary review in Florida Supreme Court. Janoura Partners, LLC v. Palm Beach Imports, Inc., 264 So. 3d 942 (Fla. 4th DCA 2018).
• Successful reversal of trial court judgment and established new law for the defense at trial under Florida Rule of Civil Procedure 1.140(h)(2) of failure to state a cause of action. Beltway v. Lucombe, 211 So. 3d 328 (Fla. 2d DCA 2017).
• Successful reversal of panel decision clarifying the effect of Florida’s lis pendens statute. Ober v. Town of Lauderdale-By-The-Sea, 218 So. 3d 952 (Fla. 4th DCA 2016).
• Successful reversal of adverse trial court judgment deciding the proper application of Florida Statute section 701.02 regarding the need to record assignments of mortgage to maintain lien priority. Barton v. Metrojax Property Holdings, LLC, 207 So. 3d 304 (Fla. 3d DCA 2016).
• Represented amicus The Business Law Section of the Florida Bar in case of first impression in Florida on statutes of limitations applied to mortgages. Deutsche Bank v. Beauvais, 188 So. 3d 938 (Fla. 3d DCA 2016) (en banc).
• Successful appeals on long running commercial foreclosure. Terant v. Beltway Capital, LLC, 147 So. 3d 1103 (Fla. 3d DCA 2014); Terant v. Beltway Capital, LLC, 2015 WL 7293329 (Fla. 3d DCA 2015); Terant v. Beltway Capital, LLC, 179 So. 3d 334 (Fla. 3d DCA 2015).
• Establishment of new law regarding ability of assignees to employ Florida’s “safe harbor provisions” in response to community association demands for assessments. Beltway Capital, LLC v. Greens COA, Inc., 153 So. 3d 330 (Fla. 5th DCA 2014).
• Successful appellate representation of developer contesting attempted imposition of referenda on development orders. Archstone v. Palmetto Park, LLC, 132 So. 3d 347 (Fla. 4th DCA 2014).
• Represented seller of real estate in case deciding the applicability of arbitration provisions in real estate disputes. Keyes Co. v. Spencer, 16 So. 2d 213 (Fla. 4th DCA 2009).
• Represented seller of real estate dispute arising out a breach of contract that involved two appeals to the district court of appeal and the Florida Supreme Court, including making new law regarding Florida Rule of Civil Procedure 1.525. Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006).
• Established new law regarding waiver of the right of equity of redemption in settlement agreements. Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002).
• Represented landowners in establishing that abandonment of a non-conforming use requires intent to abandon and not merely the passage of time. City of Lake Worth v. Cook, 1 Florida L. Weekly Supp. 383 (Fla. 15th Cir.), aff’d, 626 So. 2d 1115 (Fla. 4th DCA 1993).
• Represented former bankruptcy trustee against charges of defalcation across two dozen cases, in and outside of bankruptcy court, with claimed damages totaling $25,000,000.00.
• Successful defense of corporation at jury trial in breach of contract claims over $20,000,000.

• Representation of out-of-state developer in the purchase of several large parcels of real estate consisting of hundreds of acres and assemblage into project for resale into housing developments, including therein CCD, DRI, reservations of mineral rights, construction, zoning, environmental and financing, acquisition and stop/start construction financing issues together with negotiation of ultimate end-purchaser contract approaching eight figures in value.
• Representation regarding interpretation and enforcement of long-term commercial ground lease.
• Representation of regional shopping centers regarding mall leasing issues.
• Merger and collapse of multiple operating companies into Delaware holding company with representation across all levels of parent and subsidiary.
• Appointed outside General Counsel for a lender under an O.T.S. consent order, and as part of new management team, turned the lender around so that the consent order was removed, then acted as counsel when the lender sold to another lender in a multimillion-dollar transaction.
• Representation of a client in purchasing waterfront parcels and consolidating the parcels into operating businesses, including waterfront permitting and zoning issues.
• Representation of an airplane leasing company in the sale of its assets and transfer of its F.A.A. licenses to the purchaser.
• Acted as land trustee and counsel in representing purchaser of significant real property that stretched from the Atlantic Ocean to the Intracoastal Waterway and conducted closing in fashion in which the privacy of the purchaser was protected.
• Represented purchaser of real property for the construction of a very large residential estates, including issues surrounding the purchase of the properties, assemblage of the parcels into one unified parcel, negotiation of the construction contract, and environmental and lien issues.
• Represented seller of commercial real property in development restricted agricultural preserve.
• Represented occupier of a condominium unit under a disputed life estate as remainderman and successfully terminated the co-tenancy of the condominium, all without litigation.
• Representation of community associations in operation and during turnover from developer.

• Florida Real Estate Law (Thomson West) 2008 – present

Articles and Chapters

• Jury Instructions for Business Litigation in Business Litigation in Florida (The Florida Bar) 2001 – present
• Reformation, Rescission, and Cancellation Of Instruments and Agreements in Florida Real Property Litigation (The Florida Bar) July, 2016 – present
  Here We Go Again: Distressed Commercial Real Estate In A Pandemic Part I – Commercial Loan Workouts (RPPTL ActionLine) Winter 2020
  “Is There a ‘New Retail’ Coming?” (Commercial Construction & Renovation) June, 2019
• “A Critical Examination of Glass v. Nationstar Under Contract Principles” (The Florida Bar Journal) May/June 2019
• “The Uniform Partition of Heirs Property Act: A Solution in Search of a Problem” (The Florida Bar Journal) November/December 2018
• “Navigating the Changing Landscape of Attorney’s Fees Litigation in Florida” (The Florida Bar Journal) November/December 2018 (co-authored)
• “Are Condominium Assessments Dischargeable in Chapter 13 Proceedings?” (ABA eReport) September, 2018
• “An Eloquent Argument For Enforcing Non-Reliance Clauses” (The Florida Bar Journal) April, 2017
• “What to Look Out for in 2017’s Real Estate Market” Law360 January, 2017
• “Case Law Update” (Business Law Section of The Florida Bar) 2007 – present; Martin County Bar Association Sidebar 2011 – present; and Palm Beach County Bar Association Bulletin 2012 – present
• “Is The Fraud Disclaimer Clause In Your Contract Enforceable? Billington Gives Us the Answer” (RPPTL ActionLine) Fall 2016
• “The Calloway Conundrum: Exploring the Business Records Exception and Florida’s Evidence Code” (The Florida Bar Journal) February, 2016
• “Tiara: A Sea of Change or Barely a Ripple?” (RPPTL ActionLine) Fall, 2013
• “Real Property & Business Law Report” (The Florida Bar Business Law Journal) November, 2012
• “Annual Review of Corporate and Business Litigation: Business Courts” (ABA) 2010 – 2014
• “Mortgage Foreclosures” The Journal of the Business Law Section (The Florida Bar) March 2008
• “Thank You” (Palm Beach County Bar Association Bulletin) June, 2007
• “Involvement” (Palm Beach County Bar Association Bulletin) May, 2007
• “Diversity” (Palm Beach County Bar Association Bulletin) April, 2007
• “Mentoring” (Palm Beach County Bar Association Bulletin) March, 2007
• “Courage” (Palm Beach County Bar Association Bulletin) February, 2007
• “Justice” (Palm Beach County Bar Association Bulletin) January, 2007
• “Faith” (Palm Beach County Bar Association Bulletin) December, 2006
• “Integrity” (Palm Beach County Bar Association Bulletin) November, 2006
• “Independence” (Palm Beach County Bar Association Bulletin) October, 2006
• “Civility” (Palm Beach County Bar Association Bulletin, September) 2006
• “Community” (Palm Beach County Bar Association Bulletin) August, 2006
• “Independence of the Judiciary and the Bar” (Palm Beach Co. Bar Ass’n Bulletin) March, 2006
• “Service” (Palm Beach County Bar Association Bulletin) January, 2005
• “Symbiosis” (Palm Beach County Bar Association Bulletin) September, 2003
• “Application of the A.D.A. to the Internet” (Florida Bar Computer Law Journal) May, 2002
• “Trademark Litigation Hits the Mainstream” (Palm Beach Co. Bar Ass’n Bulletin), March, 2002
• “Application of the A.D.A. to the Internet” (The Florida Bar Computer Law Journal) March, 2002
• “Trademark Litigation Hits the Mainstream” (Palm Beach County Bar Ass’n Bulletin) June, 1998)
• “What Has Johnson v. Davis Wrought?” (Palm Beach County Bar Association Bulletin) June, 1998
• “Task Based Billing” (Palm Beach Co. Bar Association Bulletin) February, 1997
• “Herpel, Inc. v. Straub Capital Corp.” (Palm Beach Co. Bar Association Bulletin) January, 1997
• “Smith v. Royal Automotive Group, Inc.” (Palm Beach Co. Bar Ass’n Bulletin February) 1997
• Whittling Away Title VII: Hishon v. King & Spalding, 13 Stetson Law Review 115 (1983)

• Real Estate Law Foundations – Florida State University College of Law (2016 – present)
• Life Cycle of a Real Estate Deal – Florida State University College of Law (2019)
• Advanced Real Estate Law – Florida State University College of Law (2009)
• Business Law, Internet Law, Legal Environment of Business (M.B.A. program), Cyberlaw – Rinker School of Business, Palm Beach Atlantic University (1998 – 2002)

Seminars Presented

• “Condominium Certification Review Course” (Florida Bar) January, 2021
• “Real Estate Update 2020” (Miami-Dade AREC) January, 2021
• “Critical Real Estate Issues and COVID-19-Workouts” (PLI) January 2021
• “Anatomy of a Real Estate Deal – Construction” (Advanced Judicial Studies) December, 2020
• “Understanding the New Receivership Act” (Miami Ass’n of Realtors) December, 2020
• “Operating Behind the Eight Ball: Workouts in the Age of COVID” (ACREL) November, 2020
• “Anatomy of a Real Estate Deal – Force Majeure” (Advanced Judicial Studies) October, 2020
• “Critical Real Estate Issues and COVID-19 – Bankruptcy” PLI October, 2020
• “Business Litigation Certification Case Law Update” (The Florida Bar) October, 2020
• “Critical Real Estate Issues and COVID-19 – Force Majeure” (PLI) September, 2020
• “What Bankruptcy Judges Really Think” (ACREL) September, 2020
• “Real Estate Certification Review Course” (The Florida Bar) August, 2020 (Chair)
• “SB 838 – Corporations “Glitch Bill” (The Florida Bar) August, 2020
• “Florida’s Commercial Receivership Law” (The Florida Bar) July, 2020
• “Force Majeure” (Florida Association of Realtors) July, 2020
• “Florida Supreme Court Roundup” (The Federalist Society) July, 2020
• “Impossibility, Impracticability and Frustration of Purpose (The Fund) June, 2020
• “Florida Traditional Notarizations” (Florida Bar) June, 2020
• “Case Law Update 2019” (Broward County AREC) June, 2020
• “Impossibility, Frustration of Purpose & Force Majeure” (The Florida Bar) May, 2020
• “Get the File Ready for Closing” (Fund Assembly) May, 2020
• “Case Law Update 2019” (Collier County Bar Assoc.) May, 2019
• “Lease or Cell: 21st Technology Issues” (American Bar Association) May, 2020
• “What Do We Do Now?” (American College of Real Estate Lawyers) April, 2020
• “Quarterly Real Property and Case Law Update” (Thomson West) March, 2020
• “Condominium Certification Review Course” (Florida Bar) February, 2020
• “Hot Topics and Technology in Bankruptcy” (Palm Beach County Bar Assoc.) February, 2018
• “Unusual Topics in Real Estate” (Palm Beach County Bar Assoc.) February, 2020
• “Calloway Updated” (The Florida Bar) January, 2020
• “Real Estate Update 2019” (Miami-Dade AREC) January, 2020
• “Real Estate Update 2018” (Capitol Cities AREC) November, 2019
• “Quarterly Real Property and Case Law Update” (Thomson West) October, 2019
• “Real Estate Update 2018” (Southwest Florida AREC) August, 2019
• “Real Estate Update 2018” (Broward County AREC) June, 2019
• “Can We Justifiably Rely on the Current State of the Law of Fraud?” (The Florida Bar) May, 2019
• “Practical Considerations for Arbitration” (PLI) May, 2019
• “The Coming Retail Apocalypse” (American Bar Association) May, 2019 (Chair)
• “Real Estate Certification Review Course” (The Florida Bar) April, 2019 (Chair)
• “Quarterly Real Property and Case Law Update” (Thomson West) April, 2019
• “Condominium Certification Review Course” (Florida Bar) February, 2019
• “Quarterly Real Property and Case Law Update” (Thomson West) February, 2019
• “Case Law Update 2018” (Volusia AREC) February, 2019
• “Case Law Update 2018” (Miami-Dade AREC) January, 2019
• “What Every Dirt Lawyer Needs to Know About Bankruptcy 2018” (ACREL) November, 2018 “Case Law Update 2017” (Martin County AREC) November, 2018
• “SNDAs” (The Florida Bar) October, 2018
• “Quarterly Real Property and Case Law Update” (Thomson West) October, 2018
• “Quarterly Real Property and Case Law Update” (Thomson West) July, 2018
• “The Future is Now: Arbitration Trends” (American Arbitration Association) May, 2018
• “Under the Umbrella of Real Estate” (Palm Beach County Bar Assoc.) May, 2018
• “The Evolution and Future of the Business Records Exception” (Florida Bar) May, 2018
• “Real Property Update” (Broward County Bar Assoc.) April, 2018
• “Real Estate Certification Review Course” (The Florida Bar) February, 2018 (Chair)
• “Case Law Update 2017” (Miami-Dade AREC) January, 2018
• “Pros and Cons of Arbitration Clauses” (ABA Real Property Section) November, 2017
• “Professional Malpractice for Appraisers and Accountants” (client seminar) July, 2017
• “Real Estate Update” (Palm Beach County Bar Assoc.) May, 2017
• “Real Property Update” (Broward County Bar Assoc.) March, 2017
• “Spring Meeting” (Broward County AREC) March, 2017
• “Real Estate Certification Review Course” (The Florida Bar) January, 2017
• “Case Law Update 2016” (Miami-Dade AREC) January, 2017
• “Case Law Update 2015” (Collier County Bar Assoc.) September, 2016
• “2016 Business Case Law Update” (client seminar) June, 2016
• “Construction Liens and Title Insurance” (The Florida Bar) May, 2016
• “Managing Construction Lien Risk” (Fund Assembly) May, 2016
• “2015 Compressed Into One Hour” (Palm Beach County Bar Assoc.) April, 2016
• “Real Estate Certification Review Course” (The Florida Bar) February, 2016
• “Florida Real Property 2015 Update” (The Fund) January, 2016
• “Real Property and Case Law Update” (Thomson West) Quarterly
• “Case Law for Real Estate Practitioners” (Collier County Bar Assoc.) September, 2015
• “Florida Law Update” (The Florida Bar) June, 2015
• “Real Estate Certification Review Course” (The Florida Bar) February, 2015
• “Drafting a Better Commercial Real Estate Contract” (The Florida Bar) May, 2014
• “Negotiation of Sale of Company Agreements” (Moderator) (Palm Beach Co. Bar) March, 2014
• “Real Property and Case Law Updates” (The Florida Bar) October, 2013
• “Ethical Issues and Considerations Concerning e-Discovery” (The Florida Bar) June, 2013
• “The Economic Loss Doctrine and the Tiara Decision” (The Florida Bar) June, 2013
• “Homestead Case Law Update” (The Florida Bar) May, 2013
• “Foreclosure and Receivership Update” (The Florida Bar) April, 2013
• “Curing Title During Foreclosure” (U. of Miami Boyer Real Property Institute) October, 2012
• “The New Power of Attorney Act” (The Fund Assembly) May, 2012
• “Real Estate in Tough Times” (Palm Beach County Bar Association) January, 2012
• “Real Estate Foreclosure Update” (U. of Miami Boyer Real Property Institute) October, 2011
• “Effective Use of Summary Judgment” (The Florida Bar) October, 2011
• “Real Estate for Matrimonial Lawyers” (American Academy of Matrimonial Lawyers) May, 2011
• “Making a Good Name for Yourself” (Palm Beach County Bar Association) March, 2011
• “Case Law Update Seminar” (The Florida Bar) February, 2011
• “Mortgage Foreclosures” (The Florida Bar) January, 2010
• “Real Estate Litigation” (Florida Bar Business Litigation Certification Review) November, 2010
• “Diversity Summit” (Palm Beach County Bar Association) (panelist) September 2009
• “Practicing with Professionalism” (The Florida Bar) (panelist) March, 2009
• “Electronic Everything: Practicing Law in a Digital Environment” (The Florida Bar) January, 2008
• “Foreclosures, Workouts and Bankruptcy” (Palm Beach County Bar Association) January, 2008
• “Making a Good Name for Yourself” (Palm Beach Co. Bar Association) (panelist) November, 2007 “Get Me Out of this Deal” (The Florida Bar) September, 2007
• “Brand New World in Real Estate” (The Florida Bar) January, 2007
• “Practicing with Professionalism” (The Florida Bar) February, 2006
• “Litigation After the Bubble Bursts” (Palm Beach County Bar Association) February, 2006
• “Path To The Bench” (Hispanic Bar Assoc.) February, 2005
• “The CAN-Spam Act” (Law Seminars Int’l) October, 2004
• “Practicing with Professionalism” (The Florida Bar) February, 2004
• “Mortgage and Lien Foreclosures” (Palm Beach County Bar Association) June, 2003
• “Johnson v. Davis Revisited” (The Florida Bar) March, 2003
• “Real Estate Litigation in Florida” (Lorman) February, 2003
• “Technology Potpourri” (Palm Beach County Bar Association) January, 2003
• “Essentials of Office and Retail Leases” (N.B.I.) June, 2002
• “Negotiating and Drafting Real Estate Contracts” (Palm Beach County Bar Association) June, 2002
• “Real Estate Litigation” (Florida Bar Business Litigation Certification Review) April, 2002
• “The Commercial Eviction Action” (Palm Beach County Bar Association), January, 2002
• “Mortgage Foreclosures” (Palm Beach County Bar Association) June, 2001
• “Application of A.D.A. to the Internet” (N.B.I.) June, 2001
• “Changing Business to E-Business” (Lorman) May, 2001
• “E-Commerce in Florida” (N.B.I.) December, 2000
• “Internet Law in Florida” (N.B.I.) September, 2000
• “Residential and Commercial Evictions in Florida” (N.B.I.) April, 1999
• “Jury Science – Advantages in the Courtroom” (Counsel Connect) (panelist) August, 1998
• “Debt Collection for the 1990s” (Palm Beach County Bar Association) December, 1995
• (Online Moderator) Litigation and Jury Science (online forum on Counsel Connect) 1997-1999
• (Online Moderator) Minority Counsel (online forum on America Online!) October 1995 – June 1998