People can get hurt in the hustle and bustle of holiday shopping. Jostling at a crowded sales table, walking through a store with extra stacked merchandise and shoppers with the ever present drink cup all pose danger. But just because someone gets hurt in a store does not mean the store has liability. Perhaps the most common shopping injury is […]
Law Matters
The As Is Contract May Not Be As Is
LAW MATTERSMost of the contracts used for residential real estate sales include provisions that allow buyers to inspect the property before consummating their purchase. Some contracts require the seller to make repairs, albeit most of those place a cap on the seller’s obligation. Others give the buyer the right to inspect and request repairs, but give the seller right to refuse […]
Condominiums Have Options For Bad Behavior
LAW MATTERSCondominium living can provide the best of all worlds. Condominium owners have a home, amenities and the association takes care of the maintenance. It is a particularly attractive option for part-time residents. Living together even affords an element of security, as most condominiums try to monitor occupancy and exercise approval of both new owners and tenants. The security afforded by […]
Construction Defects Fix is Not So Easy
LAW MATTERSHurricane Irma whirled through our area one year ago. Screen enclosures and roofs took the brunt of Irma’s wrath, but many structures suffered more severe damage. Some contractors did less than stellar repairs. After waiting months for work to start, many homeowners found their hired contractor would either not perform or did a terrible job. In some cases, the home […]
Business Entities – There are Differences
LAW MATTERSStarting 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 […]
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 […]
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