Articles

  • Unmarried Homeowners

      By Rick Barra, Esq.    Did your spouse and you buy real property before you were married?  If so, you may encounter estate and liability issues that you never considered.   Under…Read More

  • The High Cost of Dying for Many Non-Florida Domiciliaries

       (and for some who think they are domiciled in Florida, but who aren’t)   By Cynthia Jackson, Esq.   The federal government has raised the level of the federal estate tax exemption…Read More

  • What happens if I have to sue for my commission?

      By John L. Bryan, Jr., Esq.   A lawsuit should be the final step a broker takes to protect a commission. Alternatives to lawsuits include voluntary mediation, arbitration or private negotiations.…Read More

  • Rights of Tenants After Foreclosure

      By John M. Jorgensen   On May 20, 2009, “Protecting Tenants at Foreclosure Act” became a Federal law. The Act applies to any foreclosure “on a federally-related mortgage loan…Read More

  • Reverse Mortgages

      By Rick Barra, Esq.   This mortgage product is increasing in popularity. Housing and Urban Development data indicates that three of the top 10 markets in the country are located in Florida…Read More

  • CONDOMINIUM ASSOCIATIONS CAN NOW EVICT TENANTS OF NONPAYING UNIT OWNERS

      By: John M. Jorgensen, Esq.   Condominium associations in Florida have a new lever to pry money for assessments from unit owners.  Largely in reaction to the hard financial times being…Read More

  • EMINENT DOMAIN

      By John L. Bryan, Jr., Esq.   “Eminent Domain”, the government’s power to take private property for public use,  has been described by the Florida Supreme Court as one…Read More

  • LLC 101 - Installment One:  LLC vs. Subchapter S

      By Richard Barra, Esq.   Once you decide to start a business, you will also need to decide what type of entity to use for that business. In the past, small businesses typically elected…Read More

  • LLC 101 - Installment Two:  Making It Official

      By Richard Barra, Esq.   So you met with your tax advisors and they suggested that you form a limited liability company for your new business venture. What do you do now? 1. Name…Read More

  • LLC 101 - Installment Three:  The Partnership Agreement

      By Richard Barra, Esq. Now you have officially formed your limited liability company by filing articles of organization with the Florida Department of State. You now need to create an operating…Read More

  • LLC 101 - Installment Four:  The Partnership Agreement

      By Richard Barra, Esq. In addition to management and membership issues, the operating agreement for the limited liability company should also address various financial and other issues. How will…Read More

  • What happens to my assets if I die without a will?

      Response from Cynthia Jackson, Esq.:     This depends on who survives you and how they are related to you and to each other. Florida Statutes govern what happens if you die without a will.…Read More

  • TOP TEN REASONS TO USE A LAWYER WHEN YOU PURCHASE A HOME

    I AGREED TO WHAT? Confirm that the closing documents are consistent with the sales contract;   THAT FIGURE CAN’T BE RIGHT Review settlement statement and confirm that the figures are correct,…Read More

  • DEFALCATION

    BY S. Brian Bull, Esq.                                   …Read More

  • Freezing the Value of an Appreciating Property

    by Cynthia Jackson    An asset that is expected to appreciate significantly before the death of its owner can present a potential future estate tax problem for the heirs of the owner, especially…Read More

  • Agreements For Deed

    In Free v. Free, 936 So.2d 699 (Fla. 5th DCA 2006) the Court made the following statements concerning Agreements for Deed (sometimes referred to as installment sales contracts): (1) an Agreement for…Read More

  • Mold!

    The following is an article written by Barry Carothers, Esq. Barry has practiced in the area of personal injury for over 12 years and joined Scott/Harris In 2002.   Mold. It seems it has been…Read More

  • My neighbor installed a fence…

      My neighbor installed a fence which encroaches onto my property. How many years do I have to challenge my neighbor to remove the fence before I lose my rights?   Response from Rich Harris,…Read More

  • I am considering marriage. Do I really need a prenuptial agreement?

    Response from Cynthia Jackson, Esq.:   People in the following situations need a prenuptial agreement: Those marrying for a second (or more) time who have children from a previous marriage whose…Read More

  • Will the prevailing party in a lawsuit always be awarded attorney’s fees?

    Response from John Jorgensen, Esq.:     In Great Britain, the English Rule provides that the prevailing party in a lawsuit always gets attorney's fees. In this country, under the…Read More

  • What tips may I give a buyer about aging roofs, appliances, etc.?

      Response from Rick Barra, Esq.:     Buyer beware of that old roof…or that creaky a/c unit…or even that rusty refrigerator. Under the typical FAR/BAR contract, as long as…Read More

  • What is a Qualified Personal Residence Trust (QPRT)?

    Response from Cynthia Jackson, Esq.:    The Qualified Personal Residence Trust is a planning device that can lessen the tax burden of passing residential real estate to the next generation.…Read More

  • Isn’t the need for title insurance outdated?

      Response from Rick Barra, Esq.:     What if you saved for years to buy the home of your dreams, only to find out 10 years after the purchase that someone else "really" owns your property?…Read More

  • Rights Under A Builder’s Contract

    By John Jorgensen, Esq.    It is no secret that homebuilder contracts are totally one sided in favor of the builder, yet many of us, including yours truly, have signed a contract to purchase…Read More

  • Health Care Planning For Unmarried Couples

    By Cynthia Jackson, Esq.    Picture this. You are in a long term, monogamous relationship in which you are totally committed to your partner, but you are not legally married in Florida.…Read More

  • I was asked to sign a noncompete agreement. What is my risk?

    Response from John Jorgensen, Esq.:    Noncompete agreements have long been enforceable in Florida. Although there have been a number of modifications to the statute authorizing covenants…Read More

  • How does an interpleader work?

      Response from John Jorgensen, Esq.:      After the broker holding a deposit has notified FREC of the conflict, he or she has four remedies. An interpleader action is one of those…Read More

  • Should a real estate agent incorporate?

    Response from Rick Barra:   Business owners typically incorporate for two main reasons- to avoid individual liability for debts and obligations of the business and to provide a simple means for…Read More

  • LIVING TRUST

      -Cynthia Jackson, Esq.     The living trust can be a valuable estate planning device if properly executed and funded.     For those who may not be familiar with the mechanics…Read More

  • FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT

      Because of the many foreign owners of property in south Florida, it is imperative that Realtors know the requirements of the Foreign Investment in Real Property Tax Act (FIRPTA). Internal Revenue…Read More

  • SUPERIORITY OF A LANDLORD’S LIEN

      A landlord has a lien on personal property of his tenant for unpaid rent. The landlord is not required to file or record a lien or any other instrument in the public records in order to perfect…Read More

  • WHAT IS MORAL TURPITUDE ?

      Under Section 475.25(1)(f) of the Florida Statutes, a licensee may be disciplined if he has been convicted or found guilty of, or entered a plea of nolo contendere (no contest) to, regardless of…Read More