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Recent Blog Posts
Different Kinds of Commercial Leases
Although in some respects commercial leases contain similar terms as residential leases, such as a monthly rental price, property description, and term of the tenancy, in other respects commercial leases are structured differently.
Not only do commercial leases leave more room for negotiation, but there are different types of commercial lease agreements that divide the parties’ responsibilities for payment of rent and expenses differently, and each one offers pros and cons depending on your business needs. An experienced Florida commercial real estate attorney can represent you in the negotiation of your commercial lease.
Gross Lease
Similar to many residential leases, under a gross lease, tenants pay a fixed rent. In exchange, landlords pay the property expenses, including insurance, utilities, maintenance, and taxes. These "full-service" leases, as they are often called, may contain "expense stop clauses" that cap landlord liability for expenses in order to prevent tenant abuse. Although these leases have a simple structure, they could end up costing tenants more if landlords bake expenses into the lease price, potentially making the lease more expensive for the tenant.
Common Venture Capital Equity Financing Documents
Businesses seeking to grow or startups getting off the ground can seek financing from venture capital sources. Venture capital investors usually provide financial resources as well as technical support. In return, the venture capital investor receives an often significant share of the company and the right to weigh in on its direction.
Venture capital or equity financing can be a great source of financing that can lead to rapid growth and also open doors for a new business. There are a number of common deal documents which are standard to most venture capital deals. An experienced Oakland Park, FL business financing attorney can represent your business as it seeks to obtain equity financing.
Term Sheet
The term sheet is often the starting point in a venture capital financing transaction. In this non-binding document, the business and investor outline the specifics of the deal, including the investment amount, the company’s valuation, the type of stock class that the investor will receive, and any special rights or preferences. This document will be used to guide the negotiation forward.
Legal Risks of Sole Proprietorships
It can be tempting and even appropriate for certain types of businesses to operate as a sole proprietorship. After all, if you have a one-person team and a "simple" business with low liability potential, such as a photography, freelance writing, or bookkeeping business, the ease of formation, limited paperwork, and relatively low expense of running your business as a sole proprietorship might be a draw.
Yet there are significant legal risks inherent in sole proprietorships that make this business structure somewhat less appealing. The best way to find out which business structure is right for you, and whether it is a sole proprietorship after all, is to discuss the pros and cons with an experienced Fort Lauderdale, FL business law attorney.
What is a Sole Proprietorship?
A sole proprietorship is a business that is unincorporated. It is operated by one person and there is no legal difference between the business and the owner.
How to Deal with Squatters in Florida
Imagine for a moment an unpleasant scenario for property owners. You paid for your property, either with cash or by taking on a mortgage. Either way, it was a financial burden that you took on thanks to many years of hard work and as a way to make extra income. However, because this is an investment property and happens to be empty for a time, you walk in one day and discover that someone is living there without any legal right or your permission: you have yourself a squatter.
Over time, they may attempt to claim legal rights on your property. If this is happening to you, it may be extremely frustrating and concerning, and you may be wondering what to do. The good news for property owners is that Florida recently tightened the law on "squatter’s rights." An experienced Fort Lauderdale, FL real estate attorney can advise you on dealing with squatters.
What To Do If a Tenant Is Not Paying Rent
While owning and renting out real estate can be a wonderful source of passive income, the word "passive" is not entirely accurate. After all, landlords have to deal with the physical, legal, and financial aspects of renting out their property. One of the biggest and most frustrating issues that landlords face is when a tenant is not paying their rent. An experienced Fort Lauderdale, FL real estate attorney can advise and represent landlords on how to proceed against a tenant that is not paying their rent.
Can You Evict a Tenant For Nonpayment of Rent?
A landlord can evict a tenant who is not paying rent. However, landlords must follow the specific legal processes for eviction under Florida law. Failure to follow eviction procedures can backfire, giving the tenant a potential claim for wrongful eviction, which can entitle the tenant to damages or even to remain on the property.
Key Sections to Include in Vendor Contracts
The vendor contract is an inescapable part of doing business, as common as computers, timecards, and water coolers. It governs the terms agreed upon when two parties exchange goods or services for payment.
There are different types of vendor agreements governing business relationships, depending on the goods or services provided and the objectives of the agreement. An experienced Broward County, FL business contract negotiation attorney can help businesses draft strong vendor agreements.
What Are Common Vendor Agreements?
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Master Services Agreement (MSA)
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Statement of Work (SOW)
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Purchase Order (PO)
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Non-Disclosure Agreement (NDA)
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Service Level Agreement (SLA)
Common Florida Business Disputes
Disputes come with the territory in the business world, but when those disputes involve legal issues and cannot be resolved amicably, they can escalate into legal action. Legal disputes come up in many business contexts, whether between business partners, shareholders, buyers, and sellers or between a business and its clients. That is why it is crucial to consult with an experienced Fort Lauderdale, FL business law attorney who can provide advice on preventing and resolving business disputes.
Partnership Disputes
Business partners can have differing perspectives on business decisions, such as about the direction of the business or whether to expand. When those disagreements cannot be resolved, that can spell trouble. Sometimes partnership disputes occur when a partner is accused of intentionally misappropriating funds for their own personal use. Disputes about partner compensation may also arise when partners disagree on how a company’s profits should be distributed between partners, or if the partners have different ideas about how much compensation they should receive.
Top Benefits of An Outside General Counsel
Running a business is always challenging, made more so by the many legal issues that may come up. As your business grows, your exposure to legal risk and the need for legal counsel will only grow with it. By hiring an outside general counsel, your business can benefit from the advice of someone who knows both the law and your business well. An outside counsel can help you identify legal issues, lessen risks, and build a successful legal strategy. A Fort Lauderdale, FL attorney can serve as outside general counsel for your company.
Why Hire an Outside General Counsel?
An outside general counsel can handle the legal needs of a small or medium-sized company and identify legal issues before they grow into problems by doing the following:
Compliance
Top Reasons To Get Title Insurance
As exciting as purchasing real estate can be, it can also be stressful. In addition to the financial output, there are significant legal hurdles to cross before closing. A property’s title represents ownership of a property, and one of the legal issues that must be addressed involves ensuring that there are no defects with a property’s title.
That is where title insurance can be incredibly valuable. Title insurance protects homebuyers from financial losses if there is a defect in the title. A Fort Lauderdale, FL attorney can help you obtain title insurance and tackle any title defects that arise.
How Does Title Insurance Work?
Getting title insurance protects you against any issues with the property’s title that existed before you purchased the insurance policy. Unlike other types of insurance, you make a one-time payment for title insurance. If you later find yourself in a title dispute, title insurance can provide you with a legal defense. Some of the types of defects covered by title insurance include:
Legal Considerations for Florida Businesses Expanding Internationally
Businesses that wish to expand their operations or customers internationally face unique legal and compliance challenges. Alongside the business preparations for international expansion, companies should ensure that they take into account the legal requirements needed to operate abroad. An experienced Broward County business law attorney can discuss the legal implications of an international business expansion and help businesses prepare for this exciting step.
Legal Operations and Corporate Structure
The first thing you should do when seeking to expand internationally is ensure that you comply with basic corporate requirements. If you are only making sales in another country, you may not need to think about setting up legal operations to comply with that country’s laws. If you are seeking to expand beyond that, however, you should consider the proper corporate structure for operating in that country.
