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Melbourne FL Business & Real Estate Law Blog

Your three options when a breach of contract occurs

Contracts are drawn up with the main goal of preventing a dispute and deterring conflict. But at the same time, contracts exist so that each party is legally protected in the way they see fit. If you have entered into a contract that has since been breached, you may wonder what action you can take in order to enforce the terms.

The action that you will need to take will depend on the scale of the breach and the way that the breach has affected you or your business. In taking steps to remedy a breached contract, there are three main options to choose from.

Florida Senate okays bill to protect home gardens

Can zoning laws be enacted to allow Florida communities to keep residents from planting vegetable gardens or fruit trees in their front yards?

The state Senate says no, recently approving legislation that would ban town and city officials from regulating front-yard vegetable gardens. The state House of Representatives will consider a similar measure.

What will a Florida judge want to know when I contest a will?

If you've met with an attorney to draft a will or set up an estate, then you're probably familiar with them asking you if the wishes that you've expressed are being made of your own free will. The reason that they ask this is to make sure that you're not under someone else's "undue influence".

Undue influence is essentially a formal way of describing coercion, persuasion, force or duress that a testator, or person drafting a will or other estate document, may be subjected to. If an "interested party," or someone slated to benefit from the estate, can prove that a testator was heavily influenced to sign this document, then it may be thrown out by a probate judge.

Has a company offered you fraudulent mortgage relief?

Perhaps you are facing foreclosure. You would like to work out a payment solution you can afford but your lender is not cooperating. Then you receive a call out of the blue from someone offering a loan modification plan.

The caller sounds official and at first, you believe he works with your lender. However, you begin to have suspicions. Is this loan plan a fraudulent offer?

Preparing to close on a commercial property

If you are buying your first commercial real estate property as an investment, it is likely that you will feel like you are walking into the unknown to some extent. You have also probably conducted a great deal of analysis on how the property will be able to provide you with income in the future -- but you may have overlooked possible expenses that cannot be easily foreseen.

It is important that you do your research and due diligence before closing on commercial real estate property. This can prevent you from making an investment that turns out to be a burden on your finances.

Busy contractors can cause domino effect construction delays

While much of the country envies the weather in Florida, there is one thing that residents here truly worry about --hurricanes. After a hurricane hits, homeowners and businesses try to scramble to rebuild. This puts a huge strain on the construction industry.

You would think that contractors would appreciate the uptick in business that is likely to last for some time. Unfortunately, there are many who see this as nothing more than a way to make a quick dollar.

What can cause delays in closing on commercial real estate?

Florida business owners often ask how commercial real estate closings differ from residential ones. One stark difference that you'll come to notice quite quickly is that the former is far less regulated than the latter. One of several reasons that Melbourne commercial real estate closings get delayed is because there's no set standard form or procedures that must be followed as part of this process.

The funds that a bank lends a business owner are often higher than what they'd offer a homeowner and with far fewer protections on their investment. Since their risk is higher, they often request documents from their borrowers up until late in the game. Their review of this information can result in a delayed closing.

What are some things that your homeowners association cannot do?

Many factors may motivate you to buy a house located in a homeowners association (HOA). You may like the idea of gaining access to amenities like a clubhouse or having block parties with neighbors. You may appreciate knowing that the value of your Melbourne home is protected by the aesthetic standards that they set. Although there are positives associated with them, there are instances in which an HOA may overstep their rights.

One thing that HOAs cannot do is establish new bylaws or covenants and attempt to enforce them without them being voted on by the board first. The covenants, conditions and restrictions (CC&Rs) document that you sign when you purchase your home should list the procedure for new rules being implemented. An improvement must explicitly be listed as prohibited in order for you be accused of having violated the CC&Rs.

What is the Florida Sinkhole Neutral Evaluation Program?

Most of the sinkholes that occur in the U.S. occur in Florida, and homeowners here can purchase sinkhole insurance.

Senate Bill 408 sets out provisions concerning sinkhole testing and structural repairs as well as a reference to the neutral evaluation process. What exactly does this mean?

Builder, subcontractors blame each other for Florida home defects

Residents of a large master-planned community in the Fort Myers area say they are tired of dealing with lingering construction defects.

They've reported a number of issues, primarily with water infiltration leading to rotting balconies and black mold, as well as inferior stucco on the buildings.

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