Starting a business involves many issues, not the least of which is what entity will operate the business. Many of the same concerns arise when dealing with a business. Taxation and liability are usually the primary issues. Many businesses, and perhaps a majority of start-ups, are sole proprietorships. When the operation is effectively a one-man band, the business starts with […]
Law Matters
Real Estate Closing Documents Explained
LAW MATTERSSouthwest Florida is a virtual mecca for residential real estate sales. Year round opportunity for outdoor activities, clean air and lower crime attract more people each year. Many that are here buy, sell and buy again and others are investors. Many of these people have no idea what documents they are signing because those closing their real estate transaction do […]
Condo Budgets, Assessments And Liens
LAW MATTERSFlorida’s legislature realized the importance of assuring the public that buying a condominium is safe in Florida. The first Condominium Act (Act) was adopted by the legislature in 1963 and has been periodically updated and expanded over the ensuing years. Association finances have been given a lot of attention. The Act requires associations adopt a budget annually. The budget is […]
The Mystery Of Probate
LAW MATTERSThe first question many ask while preparing a Will is why does a Will have to go through probate? The answer to that question is a historical journey through the laws we inherited from England. In early England, the King owned all. Around 1,000 A.D., the concept of feudalism was established under the doctrine of tenure. Under tenure, one could […]
Crime Might Pay the Victim
LAW MATTERSFlorida’s legislature not only provides jail time for criminals, it also pursues other goals in the criminal arena. The legislature believes criminals should not financially benefit from their actions and should also compensate their victims. Florida has numerous statutes implementing these objectives. The easiest statute to understand is Section 732.802 of Florida Statutes. That statute is titled: “Killer not entitled […]
Real Estate Contracts Must Be In Writing
LAW MATTERSReal estate purchase and sale agreements can and should be complex. They involve an expensive commodity with significant obligations of both buyer and seller. Detail and clarity are essential to make sure the intent of both parties is met so the agreement will travel smoothly to closing. In English common law, an agreement to purchase and sell real estate had […]
Anatomy of an Eviction
LAW MATTERSRental homes are in short supply in Southwest Florida but that does not mean they are filled with good tenants. Landlords still have to deal with problem tenants and even resort to court when things go awry. This column will provide an outline of a landlord-tenant eviction case. Tenants cannot be evicted before the end of the lease. But, when […]
A Lawsuit Primer
LAW MATTERSParticipation in a lawsuit can be frightening. Even involvement as a witness can involve uncertainty. Part of the fear is based on the unknown, and attorneys often do a poor job of explaining what is going on. This column will be an effort to help those poor souls who get stuck in the litigation machine and do not know what […]
Florida Makes Effort to Protect Home Buyers
LAW MATTERSFlorida’s legislature has gone out of its way to mandate disclosure to buyers of residential real estate. Many statutes presuppose that buyers cannot or will not investigate a property on their own and must be warned or offered written information from the seller. Florida courts have also created protection in addition to that provided by the legislature. Perhaps the most […]
Assisted Living Facility Contracts and Their Problems
LAW MATTERSFew will argue that Florida is a mecca for the elderly. Warm climate, medical facilities that specialize in ailments of the elderly and no state income tax make Florida an attractive retirement destination. Whether it would be house or condominium, many start early with a second home and transition to full time residence when income tax and other burdens of […]
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