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November 2016 Archives

Florida HOA fined $16 million for mismanagement

If you live in a community, chances are good that you have a Homeowners Association. The HOA agrees to provide you with certain services, which could include maintaining common areas, enforcing bylaws, keeping the pool clean and much more. In return, you pay a monthly or yearly fee and agree to abide by the rules set up by the HOA.

Contracts: does silence mean acceptance?

Contracts are the very backbone of a business, both with negotiations within a company and a company's relationship with suppliers, customers and vendors. Without them, the business world would be in complete chaos. But what exactly constitutes a contract? Two things: offer and acceptance. One party must offer something and the other must accept it. This leads to an obvious question: how do you determine what acceptance is?

The lesser-known costs of buying a home

Buying a home can be one of the most exciting times in a person's life, but it can also be stressful if the future homeowners are not aware of the extra costs they face in the process. While most people know about mortgages and down payments, there are many other costs that need to be financially planned for. Here is a list to make sure you are aware of what is coming when you sign the dotted line.

Why go with a lawyer for your real estate closing?

If you've found the perfect home or commercial property and you're getting ready to go through the process of closing, you may be wondering why it's advantageous to go with an attorney rather than a title company. A real estate closing may appear to be a simple process at first glance, so it may seem doable. Here in the state of Florida, you have the choice of using either a title company or an attorney, so it is perfectly reasonable to choose a title company. However, there are a number of ways in which a real estate lawyer can ensure a smoother handover.

The four categories of construction defects

When you hire someone to build a home or commercial property for you, you have expectations that the work and materials will live up to reasonable standards. Unfortunately, that doesn't always happen. Contractors skimp on materials. Laborers do a substandard job. Essential planning is overlooked. Construction defects happen all the time and often the homeowner or business owner must resort to litigation to recover costs and be made whole again.

Avoid these foreclosure scams

When you find yourself behind on mortgage payments and the prospect of losing your house is becoming all too real, it's natural to feel a little desperate about your situation. After all, your home is your sanctuary; it's where you raise your family and it's the place where you hold all your fondest memories. So the idea of having to let go of that can leave you stressed and vulnerable. Sadly, there are many people out there who might try to take advantage of you while you are involved in foreclosure proceedings.

3 things to know about a non-compete agreement

If you're being asked to sign a non-compete agreement at your job, you're in good company. suggests that approximately 37 percent of workers will have to agree to a non-compete at some point in their careers. With such a high number of employees being asked to sign documents, it is important to research before adding your signature to anything.

How proven real estate counsel can assist with a property closing

In our immediately preceding blog post (please see our November 10 entry), we noted that, "In the realm of high-value real estate closings, timely and close involvement with a seasoned real estate attorney can help to optimally promote a seller's or buyer's best interests."

Commercial leases: definitely not a one-size-fits-all proposition

Although there are generally some similarities between residential and commercial leases, the latter legal document is, for many reasons, invariably far more detailed and complex.

Clearly conveyed negative federal take on non-competes, Part 2

An upper-tier government spokesperson with the U.S. Department of Labor recently made some unveiled and telling comments regarding non-compete agreements, with her conveyance of those points being clearly presaged by signals communicated by the Obama administration earlier this year.

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