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October 2017 Archives

Can Ponzi schemes target potential real estate investors?

For readers who may not understand what a Ponzi scheme or swindle is, this post will start with a brief explanation. Providing this explanation can help you and other Florida residents recognize any red flags that may indicate a possible securities fraud.

Contractors may be liable for construction injuries

The state of Florida has specific laws surrounding the negligence of a contractor or subcontractor during a construction project. Kayfetz v. A.M. Best Roofing, Inc., ruled on in Florida in 2002, set a precedent on the burden of proof if someone was injured on a site, complete or in progress.

Don't let a contractor get away with breaking a contract

Hiring someone to build something for you or to fix an existing structure is likely going to involve a contract between you and the contractor. This contract means that you have an expectation of the work that will be performed and the contractor has an expectation for what you are going to pay.

Be prepared before you buy an apartment building

Melbourne, Florida, is on of the premier real estate development areas in the United States. There are a high volume of real estate closings every year. Those include closings in commercial real estate deals, like when someone buys an apartment building. Of course, buying an apartment building is a significant financial expenditure, so those who do should do their homework before they move forward with it.

What happens if you die without a will or descendants in Florida?

We hear, over the course of our lives, about how important it is to have a will in place to designate what we want to become of our assets once we pass on. Despite this, many people fail to draft one. The state has intestate succession laws in place for handling such situations.

Understanding undue influence

When planning their wills, individuals have the option to delegate their assets as they please. However, some beneficiaries may not agree with the delegation and may petition the courts to reverse or alter the request as the will states.

Finding a legal remedy for breach of contract in Florida

There is no question that contracts hold an important place in business dealings between different entities. Having a solid contract in place can help parties avoid disputes altogether or provide a foundation upon which to resolve them. Unfortunately, when one or more parties breach a contract, it muddies the water for everyone.

Types of construction liability in Florida

Florida is undergoing a construction boom as real estate properties tries to keep pace with the burgeoning economy. This trend is especially noticeable near the urban centers of central and southern Florida, where many different types of construction projects are providing thousands of units of housing and commercial space.

Condominium owner discovers serious problem

Melbourne, Florida, is known to be a popular place for real estate development. The area has an array of properties for both permanent residents and those visiting the state as tourists or on business. When something is seriously wrong with one of those properties, one or more affected parties may pursue real estate litigation. That happened recently over a condominium in Coral Gables that was overrun by rodents.

Resolving construction disputes via arbitration and litigation

Although you might hope a construction project will be completed in accordance with the contract without any major problems creeping up, this rarely happens. It's often because big bucks are at stake and neither side wants to budge that disputes arise.

Avoid conflict by discussing your intentions with heirs

Perhaps you have a complex family situation. For example, you might have a second spouse and stepchildren plus children from your first marriage, one of whom has special needs. You have a primary residence and a vacation home, investments, retirement accounts and a good income.

Be careful when you hire contractors for rebuilds and renovations

Construction defects are an issue for some people who have their homes renovated or repaired. These defects can come from shoddy materials or subpar workmanship, but the result is the same. The home might not be safe to live in and the work might all have to be redone again.

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