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Melbourne FL Business & Real Estate Law Blog

Can I sue my South Florida real estate agent?

Finding the right real estate agent is important to the success of your home purchase or sale. Some real estate agents are top-notch and go above and beyond for their clients. Others are perfectly adequate and get the job done with few hassles.

However, there are real estate agents who don't transact business like licensed professionals are ethically bound to do. Problems can develop over unaddressed conflicts of interest, lack of full disclosure or failure to maintain confidentiality.

Florida man disputes requirement for site plan, building permits

The owner of a longtime roadside produce business and Hillsborough County, Florida, officials are in a dispute over whether the stand has the necessary permits to operate.

County officials contend the owner needs a site development plan and permits for structures if he wants to continue to operate. The owner disagrees, and the county has instituted fines until the owner complies or shuts down the operation.

Setting up employee benefits you think you cannot afford

As you launch your new company, you may be looking at employee benefits with something of a money-saving mentality.

However, while you might initially save money by choosing not to include company benefits, you could cripple the prosperity of your business in the long run and risk losing employees you had hoped to keep.

Understanding the enforceability of non-compete agreements

As an employee in the state of Florida, it is likely that you will have signed a non-compete agreement at some point or another. This means that you may be limited in terms of the types of companies or organizations that you will be able to work for in the future.

While there are certain limitations that you will likely have to adhere to, many employers have a tendency to over- enforce the contracts that they have with employees. Overzealous enforcement might mean that you end up in a dispute with your former employer. It is important that you understand how the law works when it comes to non-compete agreements in the state of Florida.

Protect your nonprofit's donations made through trusts

When a person passes away, going over the estate plan is something that some heir and beneficiaries look forward to. In some cases, the decedent includes beneficiaries besides relatives. This might lead to some problems because the family members might question the inclusion of entities like charities. Trust litigation might come up at this point. We know that most charities don't want to have to battle for the assets they are supposed to receive when a donor passes away, but we are here to help them do this.

There are times when we are able to work out amicable solutions to these issues. It is also possible that we will have to go through the entire court process on the charity's behalf. We just want to be sure that the wishes of the decedent are followed. If this means that a charity should receive assets that are held in trust, that is what we will fight for.

The Florida Supreme Court to hear an assignment of benefits case

The Florida Supreme Court decided on Dec. 27 that it will hear arguments about the insurance practice known as "assignment of benefits".

Currently, homeowners who have repairs performed on their houses sign over, or "assign", the money that their insurance company allocates to them, their "benefits", to their contractor. The responsibility then falls on the person performing the repairs to recover what they're owed from the insurance company themselves.

What do you need to do at a property closing?

It's your first time closing on a new piece of real estate property, and you don't want to make any mistakes. What are you supposed to do at closing and what should you expect?

First of all, you'll need to sign a fair amount of paperwork. If you're using a loan to buy the property, you need to review all of the terms one last time before putting your signature on it.

Florida official vows reform regarding how contractors are paid

Florida's chief financial officer (CFO) said he intends to work with the legislature to close a loophole regarding the payment of insurance money directly to contractors instead of homeowners. Jimmy Patronis said some unscrupulous contractors are taking advantage of homeowners who receive insurance settlements for property damage. He says they're allowing payments to be paid directly to the contractor.

Patronis said his goal is to either reform the current laws, known as assignment of benefits (AOB) laws, or do away with them.

How to resolve a construction dispute

Embarking on a construction project in the state of Florida is always going to include some risk, even if you have spent time carefully drafting the contract and the terms. If a dispute has arisen in a construction project that you are a part of, it is important that you address the problem immediately.

A dispute should be viewed simply as a disagreement between parties. The more detailed and clear the signed contract is, the better chance you will have in resolving the dispute. It is important that you try not to react to the situation with emotion, but instead that you keep focused on what the contract says about the situation.

Know how to handle home owners association disagreements

When you purchase a property here in Melbourne, one of the questions you need to ask is whether there is a home owners' association (HOA) for the area. If there is, you might want to dig into it before you sign the contract on the home. While there are some HOAs that aren't intrusive, there are some that nitpick the homeowners.

It is important that the HOA has rules about what is acceptable. Some of these rules, however, might go violate your constitutional rights. You should find out about this before you purchase the home and have some major unwelcome surprises. For example, you might not be able to fly an American flag to show support to your military family members or you may not be able to erect a swingset for your children.

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