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Melbourne FL Business & Real Estate Law Blog

Owners say Florida road construction damaging their homes

The sound of the construction of the Wekiva Parkway extension in Mount Dora, Florida, probably would be bad enough for the residents of a nearby mobile home park.

But now, some have told a local television station that the construction has caused way more than just noise.

Feds seizing south Florida condo in $1B money laundering case

The U.S. Federal government is seeking to seize the "Porsche Design Tower," a condominium in Sunny Isle Beach, that's been embroiled in a billion-dollar Venezuelan money laundering scandal. According to federal prosecutors, the real estate project has played a pivotal role in a massive scheme to siphon money from Venezuela's government-run oil enterprise, PDVSA, and launder it through fraudulent Miami-area real estate investments.

At least one of these questionable deals involved the purchase of a unit in the Porsche Design Tower. The $5.3 million suite is one of 132 units in the 60-story luxury condominium which features, among its many amenities, a patented vehicular elevator that permits residents to ride with their vehicles up to their sky-high residences. The purchaser of the unit was Paladium Real Estate Group, LLC. The original manager of this LLC was the wife of the ex-legal counsel for the Venezuelan Ministry of Oil and Mining.

Contract enforcement is important in all businesses

Contracts play an important role in the business world. You need to know that the people you are doing business with will do what they are supposed to do. With a contract, you can be assured that things will go correctly or you will have specific recourse. We know that you hope you will never have to call a contract into play when you are dealing with anything related to your business, but there will likely be times when you do.

It is best to learn about the terms of the contract before you sign anything. This gives you a chance to mull the possible ways that your company can benefit if there is a breach of contract issue that occurs during the course of the relationship. While you might not be able to control the terms in every contract you have to sign, you should still review them.

A Florida developer sues its subcontractor for shoddy work

A West Palm Beach company, Kast Construction, has sued its Ft. Lauderdale, Florida, subcontractor, Titus Construction, for performing allegedly shoddy work on a condo building named ONE St. Petersburg. The subcontractor has countersued Kast on the grounds that they were asked to complete work that wasn't in the contract nor compensated for.

According to a spokesperson for Titus, the company was hired to take all the framing and drywall work in the building. Once their workers reached the 32 floor of the building, Kast's ownership informed Titus' that their work would need to be substantiated before they'd be able to finish work on the remaining nine levels of the building.

How to handle foreclosure stress

Knowing that you'll be going through a foreclosure can bring on a lot of stress before you even start the process. Once it gets underway, that stress only increases. This is a complex legal process, it has a drastic impact on your life and it all stems from financial trouble that was stressful enough to start with.

How do you deal with this? Here are a few tips that can help you handle it successfully as you plan for the future:

If you name a charity as beneficiary, will family be upset?

If you have a family of high-strung competitors, you will want to keep that in mind when you designate a beneficiary on your retirement plan or life insurance policy.

You may think that naming a charity might be a good way to avoid family arguments after you pass away, but can you take that idea a step too far?

Florida newlyweds sue for breach of contract in home purchase

Nothing is more exciting for an engaged couple than buying the home where they will start their married life together.

This spring, one couple did just that, buying a home in Valrico, Florida. They closed on the purchase of the home in early April, and they thought they'd have plenty of time to make minor changes and paint a wall here or there before they got married on May 26.

Examples of real estate litigation lawsuits

If you're involved in a real estate litigation dispute, there's probably a lot of money at stake. For this reason, you may want to look into your options for legal representation to increase your chances of defending your rights to achieving a favorable result. At Frese Whitehead & Anderson, PA, we assist litigants in every area of real estate litigation law.

Here are several examples of the types of cases we commonly take on:

Homeowners' association rules shouldn't trump laws

The laws that govern a homeowners' association are often very limiting for the individuals who spent good money on their property. These HOAs have to do what they feel is best for all members of the association, but there are times when this can seriously limit the freedoms that each homeowner should have. We recently discussed the case of the veteran who was taking the HOA to court over his right to fly the American flag. This is a horrible situation for a person who served in the military to be placed in.

It is fully understandable that HOAs need to take a stand against things that might lower property value. But, where is the line? This is a question that is coming up more and more often. One out-of-state case involves a Marine Corps flag that a HOA says is against the rules, even though it is being flown by a Marine's parents to show respect for his decision to fight for this country's freedoms.

What is the most common reason wills are contested?

If you think about those who are closest to you, then you can probably easily identify those who are more opinionated than others. While having people like this around may be helpful in making certain decisions, any help they provide you with in selecting the executor or beneficiaries of your estate can hurt you, making it take longer to settle your estate.

The reason that having influential people in your life can impact the settlement of your estate is because of a factor known as undue influence. If you fail to list someone as a beneficiary in your who may have anticipated being included, that person may decide to sue your estate for what he or she thinks is a fair share of your assets.

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