Sidewalk cracks are all too common. Everyone has seen them. Some have tripped over them and been seriously injured. When that happens, the question becomes who is liable for those injuries? Liability is not automatic. A person injured in a trip and fall must usually establish the person responsible for the sidewalk had actual or constructive notice of the dangerous […]
Law Matters
Alimony Different Ways
Law MattersAlimony has a long history. Its genesis can be traced as far back as the Babylonian Code of Hammurabi almost 4,000 years ago. Its origin was intended to take care of the former wife, since women had limited rights and ability for self support. The modern concept developed during the 16th Century in English Ecclesiastical (church) courts. Divorce was not […]
Alternatives to Lawsuits
Law MattersLawsuits are expensive. Even in smaller cases, the parties can pay tens of thousands of dollars in attorney’s fees. Attorney’s fees exceed the amount in dispute in many cases. Unless the prevailing party is entitled to attorney’s fees by term of contract or statute, attorney fee are not generally recoverable from the losing party. Even when they are awarded, courts […]
Gift Remorse, Take Backs or Returns
LAW MATTERSThe joy of Christmas giving has passed and many recipients and even givers are having second thoughts. Can that gift be returned to the store? Or, if the relationship has soured, can a gift be taken back by the giver? There are not a lot of laws concerning returns or exchanges. Federal laws are virtually nonexistent. That leaves regulation to […]
Sellers Can Be Forced to Convey
LAW LAW MATTERSReal estate sale are a big part of Southwest Florida’s economic engine. Investors, property managers, rental agents, sales agents and others all have an economic interest in real estate transfers. From time to time, a seller loses interest in meeting contract terms and conveying property to a buyer. If the buyer does not agree to simply walk away, the buyer […]
Shopping Injury Might Fall on the Injured
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 […]
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 […]
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