Real Estate Law FAQs

What is real estate law?

Real estate law governs laws and litigation which has to do with property - including buildings which are affixed to a particular piece of land. This might include homes, commercial property or other types of real estate.

If I have purchased a home and found that something inside the home was faulty when I purchased it, is there anything I can do about it?

Often times, the buyer will be offered a warranty policy by the real estate agency to cover certain losses incurred by that buyer. You should determine whether you were given or purchased a warranty policy at the time of the home purchase. If not, you may need to speak to a real estate law attorney.

If I am purchasing or selling a home, should I hire an attorney to oversee the process?

Since you will be signing contracts and a substantial amount of money will likely be involved, it is a good idea to hire an attorney to protect your interests and ensure that the entire process is legal and valid.

If I have purchased a home where the seller agreed to certain repairs and those repairs are not made, what should I do?

The first thing you should do is contact your real estate agent. It's possible that arrangements were made for the repairs that you're unaware of. If the seller has not made the repairs and has not planned for the repairs, you may have a real estate law case against the seller.

Business Law FAQs

What is Business Law?

Business Law is a very broad category. It encompasses everything from businesses that want to sell to collecting for goods/services rendered. In other words, it can be so complex that we're talking about collateralizing and UCC-1 financing statements, but it can be as simple as going to small claims for collections purposes. I've handled partnership disputes, the sale of a business gone bad, violations of non-compete agreements, breaches of contract, LLC formations, corporation formations, partnership agreements, buying and selling of businesses, collections, and insurance claims just to name a few. The term Business Law is so all encompassing, the best thing you can do is give me a call if you think you've got a Business Law problem. If it's not something I can help you with, I usually know someone who can.

Do I really need to hire an attorney?

Outside of small claims, a corporation or other entity cannot represent itself. If your corporation, LLC, or other entity needs to sue someone or is being sued you will need an attorney. Not sure if you need an attorney? Call for a FREE consultation.

What is liability minimization?

As your business ages and grows, it will be exposed to ever increasing liability. Simple math tells us that the more times you roll the dice, the more likely it is that your number will come up. Most of the time there are ways to minimize the risk to you and your business. Depending on the situation, an aggressive trial attorney can pierce right through your company and get to your personal assets. Likewise, most folks have no knowledge of the concepts of joint and several liability, vicarious liability, defacto partnerships, defacto corporations, apparent authority, joint venture liability, and several others that can get businesses in trouble. Liability minimization is the way you protect yourself should the unthinkable happen.

What should I do if I want to sell a portion of my business to someone else?"

Clearly, you need to contact an attorney. Simply accepting money from someone without anything in writing is very dangerous. Florida has certain presumptions when it comes to these circumstances. Some of the presumptions might favor you. Some of the presumptions might be more favorable to the buyer. You need a written agreement that defines what is being sold so everyone knows where they stand.

What can I do if a vendor of mine failed to deliver everything I paid for?

In most cases, I will ask that you send the invoice, bill of sale, bill of lading, or other documents associated with the transaction. After I review the documents, we discuss two options. We send a letter and if we get nowhere, we sue. In other situations, we just file a law suit. The letter works less and less these days. More and more, I find myself having to file suit. I've started recommending against writing a letter in some instances. The basic lawsuit is breach of contract. It sounds simple enough. After all, you didn't get what you paid for. However, the defendant always complicates things with excuses. They'll claim you are lying, you broke the goods, the goods were stolen by someone else, or the most common excuse; there's nothing wrong with what was delivered.