Law Matters

Real Estate Contracts Must Be In Writing


Real 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


Rental 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


Participation 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


Florida’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


Few 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 […]

Homeowners Face Insurance Bad Faith


It has been more than eight months since Hurricane Irma visited our area and many homeowners are still fighting their insurance company for payment. In some cases, the insurer claims the property was not damaged. In others, the insurer claims repairs can be done a lot cheaper than the proposals obtained by the homeowner. For those homeowners who have not […]

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