Dan Bachrach is a partner and business lawyer, whose practice focuses on the condominium, hotel, resort, and hospitality industry, including residential, commercial, condotels, and mixed-use condominiums, timeshare, private residence clubs, fractional projects, and travel packages.
Dan’s experience includes structuring and development of condominiums, cooperatives, and vacation ownership projects, as well as preparation of legal and registration documents for such projects. He has worked with and advised many of the significant and globally recognized developers and management companies in the hotel and vacation ownership industry. Dan also advises clients in complying with multijurisdictional registrations and marketing regulations.
In the hotel area, Dan has negotiated hotel management agreements, franchise agreements, residential marketing license agreements, technical services agreements, and several related agreements, including celebrity chef agreements, shared easements, and license agreements. He has also assisted clients in preparing form management agreements.
Dan has a broad range of experience related to consumer finance and privacy laws, including the Interstate Land Sales Full Disclosure Act (ILSA), the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), the Gramm-Leach-Bliley Act, the Fair Credit Reporting Act, the Fair Debt collection Practices Act and the Equal Credit Opportunity Act.
Dan is a former registered lobbyist on behalf of the American Resort Development Association (ARDA)-Florida, Florida’s trade organization for the timeshare, resort, and leisure industry.
Dan is recognized in Chambers USA: America’s Leading Lawyers for Business in the practice area of Leisure & Hospitality and received a national ranking in Chambers 2025.
Representative Experience
Mixed-Use, Condominiums, and Master Planned Communities
Dan has extensive experience representing clients in the structuring and development of condominiums, master-planned communities, townhome developments, branded residences, condominium hotels, and cooperatives, as well as the preparation of legal and registration documents for such projects. Dan has also assisted clients in complying with multijurisdictional regulations such as the Interstate Land Sales Full Disclosure Act (ILSA) and state-subdivided land sales laws.
- Created an airspace office condominium for a real estate developer, positioned above ground‑floor retail as part of a broader three‑building mixed‑use project featuring office, retail, restaurant, and residential components.
- Guided complex negotiations for the development of the Wyndham Grand Clearwater Beach Resort, a major mixed‑use project featuring a 345‑room hotel, 105 timeshare residences, and extensive shared amenities. The team crafted innovative ownership and management structures to support the project’s dual‑tower design and resort‑level offerings.
- Represented Cacique Hotel La Penca in negotiating the branding, management, and residential licensing agreements for the first Waldorf Astoria property in Costa Rica, part of a major mixed‑use resort development in Guanacaste. The project—which will include 190 guest rooms and 25 branded residences—required comprehensive negotiations with Hilton and a separate real estate marketing agreement to support this cross‑border joint venture.
- Structured mixed-use hotel, fractional, and residential project on behalf of client. Project involved master shared building and cross support and access easements.
- Advised developer in connection with structuring mixed use master planned community containing townhomes, residential, condominiums, and commercial space.
- Assisted and advised client with all aspects of structuring, documentation, development, sales, and marketing issues related to development of townhome community that will be operated as a hotel rental program, including preparing rental management agreements.
- Represented the developer of a branded residence condominium in negotiating the Residential Marketing License Agreement, Pre-Opening Services Agreement, and Residential Management Agreement with a luxury brand.
- Represented the developer of multiphase master condominium in negotiating the sale of the condominium units in tranches to a multi-family operator. Assisted with the condominium documents for the project.
- Assisted client with creation of apartment and retail mixed commercial condominium.
- Represented developer of 2200 acre planned development community with single family homes, seven condominiums, timeshare, spa, and golf (Nicklaus, Palmer, and Watson courses).
Hotels and Resorts
Dan also has a wide range of experience in the acquisition, disposition, and receiverships of hotels, resorts, branded mixed-use hotels, residences, and condominium hotel projects. In this area, Dan has negotiated hotel management agreements, technical services agreements, license agreements, franchise agreements, condotel rental program agreements, and several related agreements, including celebrity chef agreements, restaurant agreements, marketing agreements, and shared easements.
- Represented developer of 128-key resort to be built in Bradenton, Florida that will be flagged as a Margaritaville Compass Resort pursuant to a Sub-License Agreement with Margaritaville. Also represented the developer in connection with negotiation of Management Agreement, and Technical Services Agreement with Hostmark.
- Represented Cacique Hotel La Penca in negotiating the branding, management, and residential licensing agreements for the first Waldorf Astoria property in Costa Rica, part of a major mixed‑use resort development in Guanacaste. The project—which will include 190 guest rooms and 25 branded residences—required comprehensive negotiations with Hilton and a separate real estate marketing agreement to support this cross‑border joint venture.
- Represented the ownership group, Caydon USA (the US subsidiary of an Australia based developer), in negotiating the hotel and branding documents with Kimpton for a branded luxury boutique hotel that will anchor a four-tower mixed-use billion-dollar development and service certain residential components of the development.
- Assisted successful bidder with the purchase of a resort located in Florida.
- Represented client developing a hotel in Dallas, Texas in negotiations of Franchise Agreement with brand.
- Assisted and advised client with all aspects of structuring, documentation, development, sales, and marketing issues related to development of townhome community that will be operated as a hotel rental program, including preparing rental management agreements.
- Represented client developing a luxury mixed use apartment and hotel development in Houston, Texas in negotiations of Hotel Management Agreement and Technical Services Agreement with brand.
- Represented developer of a successful luxury all-suite condominium hotel in Orlando.
Timeshare and Fractional Development
Dan regularly represents clients in structuring and developing timeshare projects, vacation ownership projects, and travel clubs, as well as preparing legal and registration documents for such projects. He has worked with and advised many of the significant and globally recognized developers and management companies in the vacation ownership industry. Dan has also assisted clients in complying with the many varying state regulations. In addition, he has been actively involved in the drafting and negotiation of statutes, amendments, and administrative rules and regulations affecting the timeshare industry.
- Created an innovative, multi‑property trust‑based product structure for Marriott Vacations Worldwide that preserved favorable tax and accounting treatment while delivering a groundbreaking competitive advantage in the luxury fractional and private‑residence‑club market. The structure enabled flexible real‑estate interests, a unified points system, and an exchange platform spanning multiple affiliated resorts—requiring sophisticated multijurisdictional work across registration, trust law, ownership rights, usury, and conflict‑of‑laws issues.
- Represented a sales and marketing company in converting the documentation of a failed master planned community into a fractional‑ownership regime to provide a viable exit strategy for the developer. The engagement also includes negotiating the client’s arrangement with the developer, offering one of the few workable solutions for second‑home communities facing stalled sales.
- Served as lead counsel to Hilton Grand Vacations Inc. in its $50 million acquisition of a portion of the DoubleTree by Hilton Hotel Chicago−Magnificent Mile.
- Represented timeshare sales and marketing company in connection with negotiation of fee for service agreement with timeshare developer.
- Represented developer of a failed master planned community in Branson, Missouri. Advised client in connection with converting the project into a fractional resort.
- Advised major international timeshare developer in connection with restructuring its timeshare program and converting to a points-based use system.
- Assisted and advised client with all aspects of creation, structuring, development, sales, and marketing issues related to development of multisite timeshare trust.
- Represented condominium developer on the creation and sale of a Florida condominium, the conversation of the condominium, to fractional/timeshare, and negotiating multiple fee for service deals with a major hospitality branded timeshare company.
- Represented large Caribbean timeshare company in creation of multisite timeshare plan with locations in St. Maarten and Curacao.
Management, Branding, Franchising, and Operational Matters (Intellectual Property Protection)
Dan advises developers, owners, and major hospitality brands on branding, management, and franchising matters for hotels, resorts, and mixed‑use projects. His experience spans management agreements, technical services agreements, residential licensing, design agreements, and related deal structures. He has worked directly with leading brands such as Hilton, Waldorf Astoria, Margaritaville, and Pininfarina to negotiate agreements that support long‑term project goals.
- Represented client developing a luxury mixed use apartment and hotel development in Houston, Texas in negotiations of Hotel Management Agreement and Technical Services Agreement with brand.
- Represented Cacique Hotel La Penca in negotiating the branding, management, and residential licensing agreements for the first Waldorf Astoria property in Costa Rica, part of a major mixed‑use resort development in Guanacaste. The project—which will include 190 guest rooms and 25 branded residences—required comprehensive negotiations with Hilton and a separate real estate marketing agreement to support this cross‑border joint venture.
- Represented developer of 128-key resort to be built in Bradenton, Florida that will be flagged as a Margaritaville Compass Resort pursuant to a Sub-License Agreement with Margaritaville. Also represented the developer in connection with negotiation of Management Agreement, and Technical Services Agreement with Hostmark.
- Represented client developing a hotel in Dallas, Texas in negotiations of Franchise Agreement with brand.
- Represented owner of a hotel in Chicago, Illinois in negotiations of Franchise Agreement with brand.
- Assisted client with creation of marketing program sponsored jointly with Professional Sports Franchise.
- Negotiated residential marketing license and design agreement with Pininfarina.
Awards and Recognition
- Recognized in Chambers USA: America’s Leading Lawyers for Business in the practice area of Leisure & Hospitality (2025)
- Peer review rated as AV Preeminent®, the highest performance rating in the Martindale-Hubbell® Peer Review Ratings™ system
- Recognized as an Orlando Business Journal 2022 ‘Power Player’ for helping grow and innovate the way business is done throughout metro Orlando
- Selected for inclusion in the 2019 Florida Trend’s Legal Elite list
- Recognized by the Legal 500 in real estate (2010-2011)
- Florida Super Lawyers® (2010-2013)
- The Best Lawyers in America© in the fields of Real Estate Law (2013-2026) and Leisure and Hospitality Law (2016-2026)
- Named Best Lawyers® 2020 Leisure and Hospitality Law “Lawyer of the Year” in Orlando – this is awarded to one sole lawyer per practice area and region
Affiliations
- Member of the International Society of Hospitality Consultants (ISHC)
- Former Chair of the Timesharing and Interval Uses Committee of the American Bar Association’s Real Property Trust and Estate Law Section
- Former vice president of the Orlando Museum of Art Acquisition Trust
- Former trustee of the Orlando Museum of Art
- Former chair of the board of trustees of Trinity Preparatory School in Winter Park
- Member of the Florida and American Bar Associations
Presentations and Publications
Dan is co-author of two chapters of an ABA/ARDA digest and analysis of U.S. timeshare law, as well as the co-author of a chapter entitled, “Specific Types of Condominiums,” of the Third Edition of the Florida Condominium Law and Practice, published by the Florida Bar. He is a frequent lecturer at hospitality conferences.
Languages
- Spanish (fluent)