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December 2016 Archives

How to choose your health care agent

As you create your living will, one of the things you'll be asked to do is name someone to be your health care agent. This person will be your proxy should you become incapacitated or disabled, making healthcare decisions for you based on your wishes or their best judgment. Needless to say, choosing the right person is of utmost importance.

Can an advertisement be considered a contract?

In Florida and across the country, we're inundated with advertisements. Drive down the road, and you'll see a billboard. Watch a video online, and you'll sit through an ad. Watch a sporting event, and you'll see a life's worth of commercials. We generally ignore them (though science tells us that they affect us nonetheless), but can advertisements be considered a contract in the legal sense?

Fatigue is a major factor in accidents involving big rigs

One of the most important tasks any driver takes on is monitoring the road for risks. There's no way to foresee every issue, but by being vigilant, it is pretty easy to minimize your risks and increase your safety on the road. If you spend a lot of time on the major traffic arteries through town or on the freeways, a large part of that probably involves learning to safely share the road with professional drivers, especially the long distance drivers who help carry goods and raw materials around the country.

Four steps to take before purchasing your first home

Many experts are predicting a homebuyer's market next year, which means if you've thought about purchasing your first, the time may be fast approaching to finally do it. Of course, it's an understatement to say that buying a home is a huge deal; there's the somewhat scary financial aspects, but you also want to choose a house that will be your beloved place for your family for years to come.

Florida woman in dispute with HOA over clothesline

Anyone who's been a part of a homeowners' association knows how hard it can be to keep everyone in compliance. That includes things like properly maintaining the yard, paying attention to the posted signs and obeying the rules of the community. On the other side of the coin is the resident, who often feels as if the rules are either unfair or aren't being enforced properly.

What is the statute of frauds?

Whether you're a contractor or a supplier, when you work in the construction business, you deal with a lot of contracts. Contrary to popular belief, though, not all construction contracts have to be in writing to be considered enforceable. However, there is a concept and law called the statute of frauds whose aim is to help eliminate fraudulent claims.

What is a non-competition agreement?

When an employee leaves a job, the former employer may have that employee sign a non-competition agreement. This agreement could cover things like trade secrets or restricting the former employee from setting up shop in the same area doing the same type of work. For example, let's say a doctor works for one medical group for ten years. She decides to leave and so the firm asks her to sign a noncompete clause saying she won't start a practice or take clients with her.

An introduction to toxic mold claims

Last week, we went over some of the basics about toxic mold; what it is, where it thrives and what health problems it can lead to. Now that we know some of the basics let's take a look at who can be held responsible and on what grounds you can file a claim for toxic mold on your property.

Using a lawyer during the home-buying process

If you're a first-time homebuyer, you undoubtedly have a range of questions regarding the process. You may have read things on the internet or gotten advice from friends who have bought homes in the past, but every situation is different, so you may still have some qualms about how everything works.

How to begin a commercial real estate search

Starting your own business means lots of decisions, including prices, wages and products. Another critical factor that needs to be determined is the type of location for your storefront or office space. Whether you need a large warehouse for shipping or a corner ice cream shop, there are several things to consider.

What is toxic mold?

In recent years, toxic mold in commercial properties and homes has increased dramatically, leading to injuries and even death. The reasons are many: poor building techniques, substandard materials and airtight designs are just a few of them. Mold thrives in wet, damp and dark environments, so leaky roofs, poorly insulated windows, improper insulation and pipe leaks can all lead to excess moisture, which festers into mold.

Can I challenge a will?

When you and your family are dealing with the death of a loved one, there's one thing you don't want to have to deal with: a protracted battle over the will. Unfortunately, there are times when it's unavoidable. Perhaps the person managing the estate is misappropriating assets, refusing to provide financial accountings or you believe they may not be fulfilling their duties in one way or another.

Bases for contesting a will

When a family member or loved one passes away, they aren't around to let their wishes be known, so courts generally take the person's will to be the final word regarding their desires. For this reason, most wills go through probate without problems. However, there are times when a person can contest a will.

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