ARTICLES

MALICIOUS PROSECUTION

By Derek Jorgensen, Esq.          Like a zombie on The Walking Dead, the tort of malicious prosecution, once considered dead, has been awoken from its grave by the…Read More

FLORIDA PASSES DRONE LAW

By Derek Jorgensen          In Hillview, Kentucky, a camera-mounted drone was hovering over a neighborhood where it meandered onto one man’s property. The…Read More

UPDATE ON PROPERTY OWNERSHIP 2

By Derek Jorgensen          Supreme Court Holds Same-Sex Marriage now Recognized.        On June 26, 2015, the Supreme Court of…Read More

FUTURE OF SOLAR ENERGY IN FLORIDA REMAINS CLOUDY

By Derek Jorgensen          Solar power is on the rise across the United States. Considering Florida is called the Sunshine State, solar energy and Florida ought…Read More

DON’T JUST GET TO KNOW YOUR NEIGHBOR; GET TO KNOW YOUR LANDLORD

By Derek Jorgensen          Let’s face it; it’s not a renter’s market in South Florida. Nationally, renters use 30% of their paychecks on rental…Read More

UPDATE ON PROPERTY OWNERSHIP

By Derek Jorgensen          On January 6, 2015, the 11th Circuit Court of Appeals denied Florida’s request to issue a stay challenging Florida’s ban…Read More

PLANNING FOR ASSETS IN THE “CLOUD”

By Cynthia J. Jackson, Esq.          How many of us have photographs and other memorabilia saved to some type of digital account? How many have banking, securities,…Read More

CONSIDERING BUYING OR SELLING A BUSINESS?  READ THE LEASE AND TALK TO THE LANDLORD FIRST

By Rick Barra, Esq.           We often receive excited phone calls from clients who tell us they want to sell or buy a business and have already worked out all of…Read More

FINALLY, HOPE FOR UNDERWATER HOMEOWNERS

FINALLY, HOPE FOR UNDERWATER HOMEOWNERS Richard K. Barra, Esq.         Over the past few years, we have all heard and read about magical government programs that promised…Read More

ESTATE PLANNING FOR UNMARRIED COUPLES

  By Cynthia Jackson, Esq. Two individuals may be devoted to one another, may share one another’s lives and most intimate secrets. While they may be a couple in the eyes of the world, if they…Read More

FORECLOSURE BUYERS BEWARE

 By Richard K. Barra Over the last few months, we have received many calls from clients interested in purchasing a property at a mortgage foreclosure sale. The real estate crash and foreclosure crisis…Read More

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

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 OPERATING 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 OPERATING 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

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

 

4400 PGA Boulevard, Suite 603, Palm Beach Gardens, FL 33410 PHONE: 561.624.3900 FAX: 561.624.3533

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4400 PGA Boulevard, Suite 603, Palm Beach Gardens, FL 33410 PHONE: 561.624.3900 FAX: 561.624.3533

View our Privacy Statement

Entire contents copyrighted © 2000 - 2017, Scott, Harris, Bryan, Barra & Jorgensen, Attorneys At Law. All Rights Reserved.

All content, including but not limited to text and images, are the sole property of Scott-Harris, et al, and may not be used without express written consent.
All information found herein is subject to change without prior notification. Please contact us to verify any site content prior to relying on said information.

The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications.