Joint and Several Liability
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
Joint and several liability means each of several parties is responsible for the entire obligation, not just a share. A creditor can collect the full amount from any one of them, who then must seek contribution from the others.
In commercial real estate it appears most often in loan guaranties, co-borrower notes and leases signed by more than one tenant or guarantor.
Where It Appears
Loan documents and personal guaranties commonly make multiple guarantors jointly and severally liable, so the lender can pursue whichever guarantor has the deepest pockets. Leases signed by several tenants, or backed by a tenant personal guaranty, often use the same language.
Contract vs. Negligence in Florida
In contracts, joint and several liability exists because the parties agreed to it. For negligence claims, Florida generally apportions damages by each party's percentage of fault rather than imposing joint and several liability (section 768.81, Florida Statutes).
A Hypothetical Example
Three partners guarantee a $3 million acquisition loan jointly and severally. After a default, the lender demands the full shortfall from the one partner with the most assets, who must then seek contribution from the other two. Hypothetical scenario; not legal advice.
From the Desk
Before you sign a joint and several guaranty, assume you will be the one paying all of it. Negotiate caps, burn-offs or several-only liability up front.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39 years in commercial real estate, first in Chicago, now in Florida, across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Joint and Several Liability Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years in commercial real estate, first in Chicago and now in Florida, with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is joint and several liability?
Each obligor is liable for the full amount, and the creditor may collect from any of them.
Where does it appear in CRE?
Loan guaranties, co-borrower notes and multi-tenant or guaranteed leases.
Can I limit it?
Often, by negotiating a cap, a burn-off or several-only liability before signing.
Does Florida apply it to negligence?
Florida generally apportions negligence damages by fault under s. 768.81.
What is contribution?
The right of a party who paid more than its share to recover the excess from co-obligors.
Article Summary
Joint and several liability makes each obligor responsible for the whole debt; it is common in CRE guaranties and leases and is negotiable before signing.
Key Takeaways
- ✓Each party owes it all.
- ✓Creditor picks who pays.
- ✓Common in guaranties.
- ✓Contribution comes after.
- ✓Negotiate caps early.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39 years in commercial real estate, first in Chicago and now in Florida, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- The Florida Legislature. "Section 768.81, Florida Statutes — Comparative fault." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html. Accessed Oct 8, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Oct 8, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: Linton Global Solutions is a Florida-licensed real estate brokerage, not a broker-dealer, investment adviser or lender, and does not offer or sell securities. CREDDS and REOMind.ai provide decision support only. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.