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Recent Blog Posts
Do I Need a Lawyer to Evict My Tenant?
Evicting a tenant is often a difficult and stressful experience. As a landlord, you may feel conflicted, especially if your tenant is facing financial problems or personal struggles. However, when a tenant is not following the terms of their lease, eviction may become necessary.
Eviction involves following very specific steps. Even minor mistakes can lead to major delays or even case dismissals, forcing landlords—even when they are in the right—to start the eviction process all over again. Knowing your rights and responsibilities is crucial to handling the situation correctly, and a Florida landlord attorney can help you do just that.
When Can Tenants Be Evicted in Florida?
In Florida, landlords may need to evict a tenant for several reasons, including:
- Failure to pay rent: When a tenant does not pay rent on time or at all
When Should You Consider an LLC For Your Business?
As a Florida entrepreneur, you have big dreams for your business. But before you can bring those dreams to life, you need to decide how you want to structure your company. Many business owners find themselves wondering if a Limited Liability Company (LLC) is the right choice. This decision should not be taken lightly as it can impact your personal liability, taxes, and even your day-to-day operations. A Florida lawyer can help you understand which structure may be ideal for your needs.
What Is an LLC?
An LLC combines features of corporations and partnerships. It offers personal asset protection while allowing flexible management. This structure can be ideal for many small to medium-sized businesses.
LLCs provide protection between your personal assets and business liabilities, similar to a corporation. At the same time, they offer the operational flexibility of a partnership. This means you can run your business without the strict formalities required for corporations, such as holding regular board meetings or issuing stock.
How to Handle a Franchise Agreement Dispute
A franchise agreement forms the backbone of successful business relationships. However, disputes can arise, potentially jeopardizing your investment and business operations. Understanding how to handle these conflicts is vital for protecting your interests and maintaining a profitable franchise. A Florida lawyer can help you with any issues you may be facing with your business agreements.
Common Causes of Franchise Agreement Disputes
Franchise disputes stem from various issues, each with the potential to significantly impact business operations. Territorial encroachment is a frequent concern, occurring when a franchisor allows a new franchise to open too close to an existing location. For instance, a pizza franchise owner might see their sales plummet after the franchisor opens a new outlet just blocks away.
Performance standards can become a hurdle when franchisors claim franchisees are not maintaining required quality levels for products or services, potentially ruining the brand’s reputation. Misrepresentation of earnings potential is another cause of disputes. Franchisees may argue they were shown inflated profit projections during the sales process, leading to unrealistic expectations and financial strain.
Hidden Title Issues That Can Derail Your Real Estate Deal
As a prospective homebuyer or seller in Florida, you might think that a clear title is a given in any real estate transaction. However, hidden title issues can lurk beneath the surface, potentially derailing your deal and causing significant legal and financial headaches. A Florida lawyer can help you understand some of these hidden title problems and explain why thorough due diligence is vital in any real estate transaction.
The Importance of a Clear Title
A clear title is fundamental to any real estate transaction. It ensures that the seller has the legal right to transfer ownership of the property and that there are no competing claims or encumbrances. However, various issues can cloud a title, even if they are not immediately apparent.
For example, imagine purchasing a home only to discover months later that a previous owner’s heir is claiming ownership rights. Or consider a scenario where you buy a property, unaware that it has an outstanding lien from unpaid contractor work. These situations can help you understand why a clear title is crucial and how it protects you from unexpected claims and financial burdens that could arise from past issues with the property.
Why Business Succession Is an Important Part of Estate Planning
A comprehensive estate plan is essential for everyone, since it can protect assets and ensure that a person’s wishes will be carried out after their death. For business owners, estate planning should include a business succession strategy. A business succession plan is vital to ensure the smooth transition of ownership and management of a business, whether to family members, partners, or other parties. An experienced attorney can help business owners determine the best steps to take to protect their businesses, their families, and their financial interests.
The Importance of Business Succession Planning
Business succession planning is the process of determining how a business will continue to operate in the event of the owner’s retirement, death, or incapacitation. Without a succession plan, a business may face uncertainty, conflict among heirs or partners, and potential financial losses. A well-thought-out succession plan can ensure that a business remains viable and successful for years to come.
6 Forms of Fraud That May Affect a Business
When a person or organization makes false statements or representations to obtain money or other benefits, this is known as fraud. While fraud is a criminal offense that can result in prosecution, it is also a significant threat to businesses, since it can impact their finances, operations, and reputations. By understanding the different forms of fraud that could potentially lead to financial losses or other consequences, business owners can take steps to identify and prevent these threats. An experienced attorney can help a business address the legal issues associated with fraud and ensure that a business owner will be able to protect their interests.
Types of Business Fraud
There are many different fraudulent activities that businesses may need to address, including:
How Can Claims Against a Home Be Resolved After a Title Search?
Purchasing a home is a major transaction and a significant investment, and a variety of issues need to be addressed during the closing process. One crucial step in the home-buying process is the title search, which can reveal potential claims against the property. Understanding what a title search entails, the types of claims it may uncover, and how to resolve these issues is crucial for buyers and sellers. An experienced Florida real estate attorney can help address these matters effectively.
What Is a Title Search?
During a residential real estate transaction, a detailed examination of public records related to a property's history will need to be performed. This process is conducted to verify the legal ownership of the property and to uncover any claims, liens, or other encumbrances that may affect the title. Typically, a title company or a real estate attorney performs the title search before the date of closing. The goal is to ensure that the buyer receives a clear and marketable title to the property.
What Are the Options for Structuring a Business as a Partnership?
When starting a business, it is important to carefully consider how the business will be structured. This decision can impact many different aspects of the business, including how it will be managed, how important decisions will be made, what responsibilities apply to an owner or others involved in the business, and who will be liable for business debts.
For a business with multiple owners, determining which options to use when establishing a business partnership can be a complex matter. If you are starting a business along with one or more partners or bringing new partners into an existing business, an experienced attorney can help you understand possible business structures. Your options for structuring your business partnership may include:
Update: When Is Injunctive Relief Available in a Breach of Contract Case?
Update: Below, we discuss the role that injunctions can play in litigation related to a breach of contract. However, it can be helpful to understand specific situations where injunctive relief may be an option. Some examples of cases where parties may seek injunctions include:
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Theft of clients: Former employees, partners who have left a company, or other parties to business contracts may violate non-compete agreements and attempt to lure clients away from the company. To prevent the loss of business, a company may seek an injunction preventing these actions. While the FTC has taken steps to ban non-compete agreements, there are still some situations where they may be used and enforced, including in contracts with people who serve in executive positions.
FTC Votes to Ban Non-Compete Agreements
The U.S. Federal Trade Commission (FTC) recently announced a new rule that will significantly alter the landscape of employment agreements used by businesses throughout the United States. This rule bans most non-compete agreements, a move that could impact countless workers and employers. Understanding the implications of this proposed rule is crucial for business owners. If you have concerns about how this change might affect you or your business, an experienced attorney can help you navigate these legal issues.
What Is the FTC’s New Rule on Non-Compete Agreements?
The FTC’s rule prohibits employers from entering into non-compete agreements with workers. Non-compete agreements may prevent employees from working for competitors or starting a similar business within a certain geographic area and time frame after leaving a company. The FTC argues that these agreements stifle competition, suppress wages, and hinder innovation. The new rule will go into effect on September 4, 2024, and it will make the following changes:
