So you’ve found the perfect house, negotiated over the price, dealt with the bank, and finally closed. Now you discovered that you have a major issue with the house/lot that the seller never disclosed. What do you do? There are a number of ways a buyer can protect himself or herself from serious defects, both before and after the closing. Buyer’s R...
Non-Competes - Not Your Typical Contract There are few legal documents as misunderstood as non-compete agreements. There is a perception by many employers that they are worthless or, on the other hand, that there is a perception that the courts will enforce them to the letter. As discussed below, non-compete agreements can be enforced when narrowly...
A. Copyright Protection of Architectural Works and Plans Blueprints and architectural works are subject to Federal copyright protection pursuant to the Copyright Act. 17 U.S.C section 101 et seq.; Arthur Rutenberg Corporation v. Dawney, 647 F. Supp. 1214, 1215 (M.D. Fla. 1986)(citing Imperial Homes Corp. v. Lamont, 458 F.2d 895 ...
If your practice even touches on civil litigation, you are no doubt aware of the Economic Loss Rule ("ELR") and its implications. Throughout the 90's, it seemed like not a month went by without another appellate decision on the ELR. However, in its decision in Tiara Condominium Association, Inc. v. Marsh McClennan Companies, Inc., 38 Fla. L. W...
A. Homestead Exemption What Is Homestead? Constitution Article 10, Section 4 - Homestead Exempted from Forced Sale (a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, impr...
In August, Florida Property Appraisers will send out their TRIM notices, or Notice of Proposed Property Taxes, advising all tax payers of the proposed assessment on their properties. It is VERY important for the taxpayer to carefully review the TRIM notice and quickly determine whether the assessment is fair and accurate, as the mailing of the noti...
In 2005, the Florida legislature amended Section 733.107 of the Florida Statutes significantly changing the burden of proof in a contest of a will based on a claim of undue influence. This article will discuss the law of undue influence and how this statute, and the relevant case law, impacts a will contest. The law generally provides t...
Many “Baby Boomers,” now nearing retirement age, have failed to adequately plan and save for their retirements. Some have anticipated inheritances from their aging parents to supplement, or even completely fund their retirements. When, as often happens, these Boomers discover that their parents left them less than expected, or left&n...
