Daniel Bachrach

Partner

Overview

Dan Bachrach focuses his practice on the condominium, hotel, resort, and hospitality industry, including residential, commercial, and mixed-use condominiums, timeshare, condominium hotels (condotels), private residence clubs, fractional projects, restaurants, and travel clubs. He is a partner in the firm’s Real Estate Practice and the Hospitality & Leisure Industry Team and is board certified in Condominium and Planned Land Development Law by the Florida Bar Board of Legal Specialization and Education. 

Experience 

Condominium, Condominium Hotel, and Master Planned Communities Experience 

Dan has extensive experience representing clients in structuring and development of condominiums, master planned communities, townhome developments, branded residences, condominium hotels, and cooperatives, as well as 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. 

Hotel Experience 

Dan also has a wide range of experience in acquisition, disposition, receiverships of hotels, resorts, branded mixed-use hotel, residence, 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. 

Timeshare Experience 

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. 

Recognition 

  • 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 (2013-2024) and Leisure and Hospitality Law (2016-2024)
  • 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 

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.

Admissions, Certifications and Professional Memberships

  • 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 

Education 

  • University of Florida College of Law (J.D., with honors, 1996) 
    • Member and senior student works editor of the University of Florida Law Review 
  • Emory University (B.A., cum laude, 1993) 

Languages 

  • Spanish (fluent) 

Representative Matters

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Foley represented Cacique Hotel La Penca in the negotiation of the first Waldorf Astoria Hotels & Resorts property in Costa Rica. Cacique Hotel La Penca is the developer of a large mixed-use resort including several hotels and residential developments in Guanacaste, Costa Rica, which is located on a peninsula with unobstructed ocean views. Waldorf Astoria Guanacaste (expected to open in 2025) will offer 190 guest rooms and 25 Waldorf Astoria-branded residences. Foley attorneys Cliff Risman and Dan Bachrach handled the negotiations with Hilton on all aspects of the Branding and Management Agreement and Residential Marketing License Agreement. In addition, the Foley team negotiated a separate broker and marketing agreement with the selected real estate marketing firm. Cacique Hotel La Penca is a cross border joint venture with multiple US-based and international groups including Revolution Resorts.
Represented client with termination of cooperative in Florida.
Represented owner of a hotel in Chicago, Illinois in negotiations of Franchise Agreement with brand.