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Recent Blog Posts
Why Do I Need a Real Estate Attorney When Buying a Home in Florida?
Buying a house is likely one of the most expensive and meaningful purchases that you will make in your lifetime. Whether this is your first home buying experience or your fifth, it is important that you have a legal expert by your side to guide you through the process. Florida law does not require the purchasing or selling parties to hire a real estate attorney, though it is always advisable to do so. Not only can this save you time and money, but a reputable real estate lawyer will confirm that the terms outlined in these complex contracts do indeed match your stated agreement to the seller. If you are considering purchasing a home, our Broward County real estate attorney can guide you through the below steps.
The Purchase and Sale Agreement
One of the first documents in the buying process, the purchase and sale agreement determines the terms of your purchase—and the enclosed details may not be adjusted or avoided later in the process. For this reason, it is important to hire an attorney before signing any legal documents. Florida law requires judges to treat you as if you read every word of a document before you signed it. In other words, if you skipped a few lines and missed key details, the judge will likely still enforce the terms of the agreement.
Do I Qualify for Bankruptcy in Florida?
Finding yourself drowning in debt is never the place that anyone expects to see themselves a few years down the road. Unfortunately, life can serve you with unforeseen circumstances—an ongoing illness that requires regular treatment or the loss of a job and regular income—and you can quickly see your debts piling up. Filing for bankruptcy is often people’s last resort; however, you may come to the realization that you actually do not qualify for bankruptcy. Depending on a number of factors, you may or may not be able to take this route when trying to get your finances under control. While it is always best to consult a bankruptcy attorney to know for sure, you may conduct your own financial analysis first to determine whether or not filing for bankruptcy is an option for you.
Is Bankruptcy on the Rise Due to High Unemployment Rates?
It is no secret that the economy has taken a significant hit from the COVID-19 pandemic. As stay-at-home orders initially went into effect back in March, the unpredictability of the virus has many restaurants and other businesses slowly opening as cases fall, only to reel back their services as cases rise again. The uncertainty regarding when things will go back to normal has forced many American businesses to make tough decisions about their workforce, including filing for bankruptcy. Although the entire country has taken a hit from COVID-19, Floridians are seeing some of the most significant financial distress in the country.
Looking at the Numbers
WalletHub conducted an economic analysis of all 50 states to determine who has been hit especially hard by the pandemic. According to their research, Florida ranks as the fifth-worst state when looking at the financial situation of its residents. The analysis was done by looking at credit scores; the number of people whose financial accounts are in forbearance or have deferred payments; the change in the number of bankruptcies filed in January versus July; and search trends for the term “bankruptcy” within that state. It was found that approximately 1.16 million Floridians were unemployed in July, resulting in an 11.5 percent unemployment rate for the state. The location for most of these unemployment numbers? The Miami-Ft. Lauderdale-West Palm Beach metro area with just over 402,000 residents unemployed that same month.
Does My Business Contract Include a Non-Compete Agreement?
Whether you are a newly hired employee or you intend on going into business with someone else, you will likely be required to sign a contract before you can begin work. Many people will sign these employment or business contracts without giving them a second glance. You may be thinking that the contract is not relevant to you as an employee, but more directed toward management positions. No matter what your incoming role in the company may be, it is important to look into the details of any contract with a legal professional before signing. Non-compete agreements are commonly overlooked in Florida business contracts.
What Is a Non-Compete Agreement?
A non-compete agreement is a term within a contract that prohibits the signer from working for another company or starting his or her own business for a certain period of time. The purpose of these agreements is to reduce the chances of an integral employee leaving the company and becoming a competitor. This can involve going to your current employer’s biggest competitor and bringing your experience and previous employer’s business secrets to their competition. Alternatively, you may use the knowledge and connections that you have learned from your current employer and build your own business to compete with them. While it is impossible to restrict these opportunities forever, a non-compete agreement can typically place these legal constraints for six months to two years, and many include a geographic range in which the agreement spans. In other words, you cannot start a competing business down the street, but you can work in another county.
What Is the Status of Florida Evictions and Foreclosures Due to COVID-19?
Since COVID-19 shut down the U.S. economy in March of 2020, the state and federal governments have been trying to pick up the pieces. The virus’s high rate of contagion forced businesses to close their doors and citizens to remain in their households. For some businesses, this meant working remotely for the time being, while others were hit especially hard and have had to make difficult decisions regarding layoffs, furloughs, and even closing their doors for good. Without a steady income, Americans everywhere have struggled to make ends meet, especially when it comes to paying costly rent and mortgage bills.
Flash-forward six months later and legislation is continuing to be made to avoid mass homelessness across the country. Florida has seen an exceedingly high number of positive cases and the state has closed and reopened a few times since March. With 623,471 positive cases and 11,331 deaths in Florida alone at the time of this writing, Governor DeSantis has recognized and addressed Floridians’ financial difficulties in the midst of the pandemic. Foreclosures and evictions are on the horizon for many Floridians, but Gov. DeSantis continues to put off the inevitable for many.
What Are the Risks of Working With a Debt Settlement Company?
When your credit card bills begin to build up and your pockets are feeling empty, you may be unsure of how to handle the situation. Debt can accumulate quickly, and without additional income coming in, you may not be able to pay off your debts by the date that your creditors are requesting. Filing for bankruptcy may be in the back of your mind, but you are likely considering your other options before fully making your decision. There are a number of bankruptcy alternatives, many of which do not fully solve your problems. Debt settlement companies are often considered by those who are deeply in debt and are avoiding filing for bankruptcy. While you may be avoiding bankruptcy, the risks of debt settlement companies are rarely worth taking.
What Is a Debt Settlement Company?
Debt settlement companies have the same goal as bankruptcy -- helping you rid yourself of insurmountable debt. However, these debt settlement programs are typically for-profit companies. The company or program will attempt to negotiate with your creditors to allow you to pay a “settlement” to resolve your debt. This settlement will typically be a lump sum payment that is less than the total amount that you owe. In order to build up this lump sum, the company will request that you set aside money each month into an account that holds your funds for paying off your debt. This savings account will eventually build up to the settlement that the company negotiated for you and you will pay off the debt with that saved money.
I Want to Buy a House in Florida: Where Do I Start?
Despite COVID-19’s impact on the U.S. economy, the housing market has not come to a stop. Since a high number of Floridians have lost their jobs or taken a pay cut in the last six months, many of these individuals are looking to downsize and reduce their mortgage payments. Additionally, some Floridians have begun to recognize the risks that large cities can pose on its inhabitants, choosing to move outside of these urban areas and avoid forced close quarters. And for those who refuse to let COVID-19 put their life on pause, there is no time like the present to start fresh. Regardless of the reasoning behind moving or deciding to purchase your first home, making such a large purchase can be exciting and intimidating. The home buying process involves much more than simply finding the right type of floors or cabinets. From finding a property to completing the closing process, working with a real estate attorney is your best way to be prepared every step of the way.
When Is Protesting Considered “Peaceful” in Florida?
In the midst of recent events and surges of support for the Black Lives Matter Movement (BLM), many political protests have surfaced, drawing thousands of people to one area to show their support for racial equality. As some peaceful protests evolve into violent ones, law enforcement officers are wielding their power against protestors, sometimes targeting peaceful protesters in the process. Before attending a protest and exercising your First Amendment rights, it is important to understand what falls under these legal protections to avoid getting involved in a legal matter or criminal case. If you find yourself facing charges, following the proper peaceful protesting guidelines will only strengthen your litigation or personal injury case.
What Rights Does the First Amendment Protect?
The First Amendment is the foundation of American democracy and represents the core values of the United States: freedom of speech. This critical legislation states:
If I File for Bankruptcy in Florida, Do I Lose All of My Assets?
Everyone’s biggest fear with filing for bankruptcy is losing everything -- your house, vehicles, savings, and more. What many do not know is that filing for bankruptcy does not mean that everything is taken away from you. There are a number of exemptions that Florida allows its residents to keep their assets even after filing for bankruptcy. In order to classify for such exemptions, you must be a Florida resident, not a recently relocated individual. You must have lived in Florida for the past two years to qualify, and if not, you will have to follow your previous state’s exemption requirements. Although it is always best to consult with a bankruptcy lawyer, you should be aware of possible exemptions available to you.
How Can Force Majeure Get Me Out of My Florida Contract?
COVID-19 has been labeled “unprecedented,” “a global pandemic,” and other phrases that designate the impact this contagious virus has had on our nation. With stay-at-home orders being created and extended, restaurants and bars being restricted, and many people losing their jobs as companies cut costs, it can seem impossible to follow through with some of your contractual obligations. Real estate is one of the areas taking the hardest hit—renters are struggling to pay their monthly fees and homeowners are having difficulties with their mortgage dues. Although moratoriums have been put in place, allowing some leeway with payment due dates, they will soon be coming to an end, leaving thousands of Floridians unsure of what to do next.
What Is “Force Majeure”?
