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April 2017 Archives

What goes into writing an airtight noncompete agreement?

Traditionally speaking, non-compete agreements (NCA) have been used by different employers as a way to keep employees who are privy to trade secrets and other strategic operational insight from being easily taken and used against their employer. As a result, any number of industries from sales to software development have taken to protecting their intellectual property by requiring their employees to sign these type agreements.

How can I resolve a real estate escrow dispute?

If you were in the process of buying a property in Florida only to encounter complications that prevent you from closing on it, you might have a real estate escrow dispute on your hands. It is important for you to understand what an escrow dispute is so you can learn how to manage any disagreements you may have regarding it.

The essential elements of a contract

A valid contract does not just include the signatures of two or more parties. There are a lot more elements that go into a valid contract. If any element of a contract is missing, or violated, the contract can be deemed invalid. Breach of contract could also come into play if any of the elements discussed in this post are not present in a contract.

Handling a house sale when you suddenly regret selling

What happens if you decide to sell a house and then get seller's regret before the deal is even done? Can you back out? What's the worst that can happen if you refuse to go through with the deal?

Property management company Aimco sues Airbnb over sublets

Now, more than two months since the Denver-based property management real estate market giant, Aimco, filed their lawsuit against Airbnb in Miami-Dade County's Circuit Court system, their case might finally be getting its day in court. The publicly-traded plaintiff in this case alleges that the defedant, a popular short-term rental website, encouraged its users to engage in the illegal subletting of their units at both Miami's Bay Parc Plaza and South Beach's Famingo Towers apartments complexes.

The responsibilities of the fiduciary in administering a trust

When an individual passes, as part of managing the decedent's estate, not only do all of that person's assets have to be gathered together, but any outstanding debts, tax filings, and distributions of money or property have to be handled as well. The individual most often called upon to handle such affairs and uphold certain fiduciary duties is a personal representative or executor of the estate.

Mom, daughter want Justin Bieber to pay for no meet-and-greet

Last year, a Broward county judge awarded a mother and daughter $5,298.75 in a default judgment against singer Justin Bieber. The lawsuit alleged that the pop star refused to appear for a meet-and-greet session, which came with the two concert tickets the woman purchased.

What are common homeowner association regulations?

Living in a community of townhomes or condominiums can have its advantages, but it can also have its disadvantages. Some purposely move to these communities for the homeowner's association. Others move there in spite of the homeowner's association. Each homeowner's association is different in Florida, but there are similarities. What are the common homeowner association regulations?

Red flags to avoid when you're looking to hire a contractor

Living in Florida, you've probably seen a number of hurricanes in your lifetime. Not too long after you head out to survey the damage the storm had caused to your home, contractors can be seen circulating your community or posting advertisements for their services online and in other public spaces seeing if you need any help with repairs. It's then that you've most vulnerable to being scammed.

Trustee responsibilities for the first few months

If you are taking responsibility as successor trustee of a living trust, you might be stressing out and feeling overwhelmed. Thankfully, you are generally not expected to get to work on day one. There is generally a period of time for families to grieve and decide what to do about memorial services. However, within a few weeks you should start collecting important information, documents and bills in preparation for administering assets. Here is an overview of your core responsibilities and duties within the first few months of being a trustee.

Did your partners fail to hold up their end of the bargain?

A handshake should be enough for someone to hold up their end of the bargain, right? Unfortunately, it's 2017, and not everyone is as scrupulous as we'd like them to be. When push comes to shove in a business deal, agreeing parties may try to break your contract and take advantage of the situation. Or, they might break the contract due to financial issues or circumstances out of their control.

What's involved in a home closing?

It's nearly time for the closing on your new home, and you couldn't be more excited. The good news is that you're just a few steps away from moving into your dream home. The bad news is that any one of those steps could go awry and stop your purchase.

Understanding undue influence over estate decisions

When facing legal issues regarding an estate, including trust litigation or the contesting of a will, often matters of undue influence come up. Whether you are alleging that undue influence occurred or battling against such accusations, it's important to understand what actually constitutes undue influence over someone else.

Appellate court rules condo owner can't offer short-term lease

The increase in popularity of Airbnb and short-term housing rental sites in the past few years has created a whole new host of legal dilemmas for Florida condo and homeowner's associations. Disputes have emerged over issues surrounding the use over an homeowner's property, which has resulted in an understanding that condo owners are not entitled to lease access to their residences on an unrestricted basis as they may want to.

Does your new property purchase have an easement issue?

An easement involves someone having the right to use land that doesn't belong to them, usually because using the land is a necessary and functional requirement. One of the most common reasons for an easement in residential situations is that one landholder must be able to cross another landowner's property to reach his or her home. In such a case, the first person has an easement right to use a road on the other person's property.

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