Real Estate (Residential/Commercial)

Fox McCluskey represents real estate purchasers, sellers, lenders, borrowers, and developers in matters ranging from individual residential transfers and closings to complex commercial purchases and transactions.

Transactional Real Estate

In each transaction we identify and discuss related issues, such as environmental concerns or estate and income tax consequences.

Title Insurance

Fox McCluskey is an authorized agent for Old Republic National Title Insurance Company and the firm is qualified to review and insure title in every real estate transaction. We also maintain a computerized title search system that provides the firm with direct access to currently abstracted real estate public records for properties located on the Treasure Coast and throughout the State of Florida. Our firm also assists our clients with title insurance and settlement of real estate transactions not requiring professional legal services.

Real Estate Development

We are experienced in all phases of real estate development, including negotiating and drafting contracts and leases, selecting and organizing developmental entities, obtaining permits and approvals from governmental entities, drafting condominium and planned unit development documents, and processing sales and leases.

Real Estate Finance

Our firm has represented either borrowers or lenders in virtually every form of real estate financing, including commercial property acquisitions, development and loan workouts. The firm also represents numerous condominium and homeowners' associations, consults with both landlords and tenants regarding commercial and residential leases, as well as long-term ground leases, and assists with construction contract negotiation and preparation, and construction lien law compliance.

Ad Valorem Tax Appeals

Fox McCluskey represents businesses and individuals in legal challenges against county property appraisers when the property appraiser's assessed value of real and personal property may be incorrect and is greater than the fair market value of the property, causing the client to have to pay higher taxes than required. We also handle challenges based on Florida Statutory exemptions and classifications, such as homestead, agricultural, and pollution control devices. We offer various settlement strategy alternatives and guide clients through the selection of an expert appraiser to support a property tax challenge when warranted. If you do not feel that the property appraiser has fairly valued your property, please allow the attorneys at Fox McCluskey to work with you in presenting an effective appeal to the property appraiser and, if necessary, challenging the valuation in the court system.

Eminent Domain & Taking of Property by the Government

Eminent Domain is the power of state and federal governments and public utilities to take land needed for public projects. The United States Constitution protects private landowners in that it provides that no property can be taken without just compensation or payment. Under Florida law, private landowners enjoy the additional protection of state law that requires condemning authorities to pay for the landowner's costs and attorney's fees. Typically, this will allow us to negotiate with the condemning authority to obtain full compensation at no cost to you. Under state law, the attorney's fees paid to a landowner in an eminent domain case are in addition to the full compensation obtained from a condemning authority and do not come out of the full compensation negotiated or obtained in a judgment by a Court.

We represent owners or tenants of all types of property, including large and small tracts of vacant land, businesses, industrial complexes, homeowner associations, condominium associations, and single-family homes. The assistance of a skilled eminent domain attorney early in the process can lead to negotiation with the condemning authority to minimize the impact on the client. In addition, there is the possibility of obtaining severance damages from the condemning authority for the reduction in the value of the remaining property caused by the taking of a portion of the property. In some cases, the government will have to pay to reconstruct improvements where the project impacts on a landowner's ability to use their remaining property.


The highly experienced attorneys at Fox McCluskey represent both lending institutions, homeowners' associations, condominium associations and individual homeowners. The foreclosure process is very technical. Through the courtroom proceedings and the judicial sale, our attorneys draft documents required in a foreclosure and counsel the client regarding what they can and cannot do during the foreclosure process.



Get in Touch