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Melbourne FL Business & Real Estate Law Blog

Take a final walk-through before closing on Florida home purchase

Your home most likely is your biggest investment, and when you've been through all the steps required to purchase the property, from negotiating the purchase price to securing the mortgage loan, you're understandably a bit antsy to sign the final papers, get the keys and move in.

But there is one step you shouldn't skip or rush: the final walk-through.

Should you buy commercial property in a mixed-use building?

One option you have when considering commercial property is to buy space in a mixed-use building. While many buildings are zoned for either commercial or residential use, these buildings are zoned for both. The classic example is an apartment building with apartments on the top few floors and shops and stores on the ground floor.

Why would you consider a mixed-use building? A few reasons include:

  • These buildings often have good curb appeal. This can enhance the appeal of your business to potential customers, even though you don't have to worry about the style or upkeep of the entire building.
  • There is a greater potential for foot traffic. People are constantly coming and going, and some tenants may even choose to rent these apartments based on what commercial businesses they want to frequent.
  • In some cases, mixed-use buildings have lower maintenance costs. Owning just a single space means that you do not have to do all of the maintenance alone, but you share those costs with others.
  • These buildings increase urban vitality. They bring a new type of life to the city. If you care about transforming an area, this is one way to help accomplish that goal.
  • Your business can operate in close proximity to a variety of other businesses. This can make the building something of a commercial hub and a destination, which potentially increases your exposure and the traffic your business sees.

Noncompete agreements must be considered carefully

The business world is full of contracts and agreements. One of these is a non-compete agreement, which is made between an employer and an employee. Typically, they are done to prevent the employee to use what they learned at the employer's business to help competitors.

Anyone who is considering using a noncompete agreement must know the terms of the specific one they are thinking about. There are a lot of variations in these documents, so you must read it completely before you sign it. Having your attorney review it is also a good idea since they might see something that you miss when you read over it.

When can a Florida trustee be removed from their role?

Individuals set up trusts for a variety of reasons. Some do it to protect a loved one's eligibility for government benefits. Others do so to keep their assets from being overtaxed. Some do it so they can more easily transfer property to their heirs without it passing through probate.

It's the role of the trustee to administer the trust according to the trust owner's wishes. If they don't, they can be removed from their role.

Holding builders responsible for defects with your new home

Few things in life bring more excitement than purchasing a new home. After all, your house is likely your largest investment. You also want a nice place to live or raise a family. If your new home turns out to be a lemon, though, your exhilaration may quickly turn to despair. 

When purchasing a new home, you must be diligent. You do not, however, have to be a detective. If sellers or builders try to pass off a defective piece of property, Florida law is likely has your back. 

Is your company taking steps toward succession planning?

Succession planning, the task of deciding who will replace a key executive who retires, moves on or passes away, is a critical step in the continuing development of a company. Has your board taken up this important matter yet?

Here are five reasons to begin formulating your succession plan.

Developers and contractors share responsibility for flaws

If you asked most developers, they'd likely tell you that the responsibility for ensuring that a property is built to appropriate standards and is safe belongs to the contractors they hire. Florida Statute (Fla. Stat.) 718.203 paints a different picture, however, of the responsibilities of developers. In describing warranty laws, the Florida Condominium Act describes how both the developer and contractor are equally accountable for any defects that may be discovered.

Fla. Stat. 718.203 outlines how both contractors and developers share equal responsibility in ensuring that their buildings are constructed correctly and safely. This includes making sure that the electrical and mechanical aspects of a condo unit and its structural improvements are performed to code. The original resident, their successors and condo associations are all given a statute of limitations of 10 years to file suit if any flaws are discovered.

Florida homeowners statewide now can plant vegetable gardens

Florida Gov. Ron DeSantis has signed legislation that returns a right to homeowners. They now can grow vegetables in their yards.

Florida had allowed local governments to enact ordinances that prohibited people from planting vegetable gardens. While flower gardens were allowed, some towns and municipalities across the state had banned vegetable gardens for aesthetic reasons. The new law took effect July 1.

Did undue influence undermine a trust?

You knew that your organization was going to benefit from someone's estate when they passed away. The two of you had talked about it before; you were both friends, they'd been very involved in your organization over the years and it was important to them.

As a result, they put a significant amount of money in a trust. They were going to leave it to your organization.

Erecting a fence in Florida has specific legal requirements

Your home is your castle, and that includes the property that you own around it. The boundaries of your property are important because they determine where you can do things you want and where your neighbors are free to do what they want.

One way that you can ensure the boundary between the properties is respected is to put up a fence, but you can't just do this in any manner you want. There are specific requirements that are present for building a fence in Florida. You have to know the state laws, as well as the local codes before you have the fence constructed.

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