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Melbourne FL Business & Real Estate Law Blog

How to avoid a construction scam

When natural disasters occur, as unfortunate as it is, some entrepreneurs have one thing on their mind: how to make money off of them -- and Florida has its share of disasters. Hurricanes or stormy weather is common at certain times of the year when you live in a coastal-peninsula state.

Even without a direct hit from a hurricane, Florida often suffers severe wind damage and flooding from heavy rains. This in turn, usually creates a demand for contractors and construction workers to come in and clean up the mess and make repairs. It also opens the door for scam artists in the way of unqualified and unlicensed workers trying to make money by posing as licensed contractors.

New Florida ruling affects construction litigation

Construction is an enormous industry in Florida, and large and complex projects require hundreds of people and several companies to complete. Defects in skyscrapers and other large buildings are rare, but any one problem can cause a variety of hazards that demand repairs and expensive delays.

Most contractors and construction companies are required to carry insurance against building problems or negligence that can lead to construction defects. This can aid companies or individuals who are sued for the results of these defects, and a recent ruling by the Florida Supreme Court may change the nature of insurer's relationships with the contractors they cover.

Think carefully about filing a probate challenge

Many people let others know the contents of their estate plan before they die. This gives you an idea of what you should expect. While this is usually how things happen, there is a chance that something in the estate plan is going to be different from what you expected it to be. These instances might ultimately result in a challenge or contest being filed with the probate court.

If you are considering filing this type of action, you need to take a little time to find out a few specifics. For example, if you are contesting a will, there might be a clause that means you lose everything if you lose the challenge. There is also a chance that you won't have the legal standing to file the action, so be sure to check this out before you head to court.

Real estate buyers should inspect prospective properties

Melbourne, Florida, is one of the busiest real estate markets in the country. Millions of dollars of transactions are done every year, with real estate closings being a major source of revenue. Of course, it is important for prospective buyers, and their brokers, to do due diligence. By doing their homework about the property they plan to buy, they can make sure that they will be getting what they will be paying for.

Even before going to the location, learn as much about the property as you can from the real estate agent, including its specifications and all available details about recent capital improvements. Those improvements affect the value of the property while protecting you from having to spend on the same things after purchasing the property.

How are land disputes best dealt with in Florida?

One of perhaps the longest standing reasons neighors quarrel is because of disputes over property boundaries.

Generally, when someone buys a parcel of land, he or she has a survey conducted in order to document what the limits are of the property he or she plans to purchase. When some degree of dissension arises over who maintains right to a property, a survey may be ordered to determine this.

Advantages of charitable trusts

Charitable trusts are a great way to contribute to a charity you are passionate about. With a charitable trust, you have the flexibility to control how you want your contributions donated. You can also give to more than one charity or beneficiary.

There are two types of charitable "split-interest" trusts, including a charitable remainder trust (CRT) and a charitable lead trust (CLT). These trusts are perfect for allowing you to donate to your charity and also providing for a non-charitable beneficiary, such as a family member. Assets are split between the two.

Ways to decrease possible will contests

People draft wills in order to prevent fighting or confusion in regard to their wishes for their estates. However, certain circumstances may lead to estate litigation.

It may be possible to prevent this from occurring. There are a few ways to decrease the possibility of a will contest.

Who pays what in a commercial property transaction in Florida?

Buying a commercial property to start, maintain or expand a business in Florida is a process that resembles buying a private home or other residence in many ways. There are several important differences, however, of which any buyer should be aware before closing on the building or site.

Are there any restrictions to what lenders can charge?

In what instances may I breach my agreement with my contractor?

Your roof started leaking during a recent downpour, so you called a roofing company out to give you an estimate for a new one. When your salesperson comes out, he explains that the damage is far too extensive to simply patch it up. What's more, both your fascia and soffit have rotted away and need to be replaced.

He provides you with an estimate for the work. He then tells you that his company requires you to put at least 50 percent down so that materials can be purchased and so that subcontractors can be scheduled.

Dispute resolved in condominium case

There are many condominiums in Melbourne, Florida. Some of those are occupied year-round by permanent residents, and others are let as timeshares. Sometimes, there are disputes over them, which lead to real estate litigation.

Recently, a widow who bought a small vacation condominium 32 years ago sold it for $1.5 million. That was approximately 10 times the amount that she and her late husband bought the place for. The condominium, which has two bedrooms and two bathrooms, was bought by Westgate Lakes LLC, according to records from the Orange County comptrollers' office.

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