Category: Blog article
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Resolving Disputes Over Escrow Accounts in Florida
– Interpleader Actions in Florida are governed by Florida Rule of Civil Procedure 1.240, which is a rule promulgated by Florida’s Supreme Court. – The person holding the funds (escrow agent) to which two or more persons make claims (such as a buyer and seller) files suit asking the court to decide which party has…
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Understanding Special Assessments for Florida Condominiums
1. Special assessments are additional fees imposed on condominium unit owners, apart from regular annual budget assessments. 2. The business judgment rule protects association board decisions on special assessments, as long as they are made in a reasonable manner. 3. The association’s governing documents and Florida Condominium Act outline the process for passing special assessments,…
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Understanding Riparian Rights in Florida: When Land meets Water
– Riparian rights include the rights of access to and use of water adjacent to their property. – These rights also include the right to an unobstructed view of the water. – Accretion is the process in which water causes a build-up of solid material, creating new dry land in areas previously covered by water.…
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“Who Pays the Real Estate Agent?”
– Real estate agents in Rhode Island, Massachusetts, and Florida typically earn about 6% of the purchase price of a home, but the specific amount is determined by the listing contract. – Sellers usually pay the agents on both sides of the transaction, but they may build the payment of fees into the asking price…
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Life Insurance Basics: Choosing the Right Type for You
– Many people only start thinking about life insurance when they get a full-time job and are offered enrollment in their employer’s group life insurance policy. – Life insurance is a contract between an individual and an insurance company, where the company agrees to pay a specified sum of money to the beneficiaries upon the…
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“Understanding Self-Help Eviction and Abandonment in Florida”
– Commercial leases often grant the landlord broad powers upon the tenant’s default, allowing them to re-enter the premises and remove the tenant and their property without notice. – However, in Florida, this kind of clause, known as “self-help”, is forbidden and unenforceable. – Engaging in self-help evictions can result in costly penalties for landlords,…
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Title IX: How Schools Follow the Rules
1. Title IX prohibits schools from discriminating on the basis of sex and applies to all forms of sex discrimination, including sexual harassment and assault. 2. Recent changes to Title IX guidelines have caused confusion for colleges and universities, particularly in relation to sexual harassment cases. 3. During President Obama’s administration, guidelines were published that…
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Protecting Your Wealth: What’s Safe from Lawsuits in Florida
– Florida’s homestead exemption protects primary residences on land of half an acre or less in a municipality or 160 acres or less in other areas from creditor judgments. However, this protection may not apply to properties with mortgages or to second homes and investment properties. – Most retirement accounts like 401(k)s and IRAs are…
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New Restrictions on Florida Homestead Exemption: What You Need to Know
1. Florida’s Constitution exempts homesteads from claims of creditors, making it one of the most debtor-friendly exemptions in the country. 2. Debtors in Florida are allowed to protect substantial assets and purchase expensive homes that are shielded from creditors. 3. However, there is an exception to this rule, which allows creditors to collect on homestead…
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Florida’s Chief Financial Officer Mandates Workers’ Compensation for State Employees
1. Florida’s Chief Financial Officer, Jimmy Patronis, has issued Directive 2020-05 requiring workers’ compensation coverage for “frontline state employees” who contract COVID-19. 2. The Risk Management Department will now have to provide workers’ compensation coverage to frontline state employees who contract the virus. 3. Frontline state employees include law enforcement officers, firefighters, EMTs, corrections officers,…
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How to Collect Condo Fees: 5 Steps for Getting Unpaid Assessments
1. Review the governing documents: The first step in collecting assessment revenue through a condominium assessment lien is to review the governing documents of the condominium association. This includes the declaration of condominium, articles of incorporation, and bylaws, as well as any rules and regulations. These documents will outline the specific procedures and requirements for…
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Avoiding Mistakes in Managing Estates in Florida
– Clear communication with beneficiaries is crucial to avoid disputes and manage expectations. – Meticulous record-keeping is important to provide clarity for beneficiaries and defend against legal challenges. – Adhering to statutory timelines for asset distribution can prevent frustration among beneficiaries. – Seeking professional guidance for investment decisions can minimize the risk of financial disputes.…
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Get Your Florida Contractor License: Everything You Need to Know
1. Florida contractor licenses are divided into two types: certified and registered. 2. Certified contractors can work in all Florida cities and counties without needing a local competency license. They only need to show their state certification and pay necessary fees. 3. Registered contractors can only work in the specific cities and counties where they…
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How to Avoid Breaking Labor Laws When Asking Employees to Use Paid Time Off
1. Employers can reduce workers’ PTO balances without violating the Fair Labor Standards Act. 2. To qualify for exemption from FLSA, employees must generally be paid at least $684 per week on a salary basis. 3. An exempt employee must receive the full salary for any week in which the employee performs any work, regardless…
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Challenging a Will in Florida: What You Need to Know
1. To contest a will in Florida, the person who made the will (testator) must be deceased. 2. To contest a will in Florida, the person must have legal standing, meaning they have a legal right to inherit under the will or had the testator died intestate. 3. Legal standing can include being an “heir…
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Watch Out for Hidden Defects: The Dangers of the Ticking Clock
– Latent construction defects are a common issue in residential construction. – Florida law imposes a 10-year time limit for bringing legal action based on construction defects. – Homeowners often lose their right to bring a claim for latent construction defects due to a lack of awareness of the time limit. – Providing notice or…
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Title Services for Buying a Home | Real Estate Services Company
– Title insurance protects the buyer if an error is made during escrow that causes the title to be flawed. – Title services ensure that any previous owners have officially transferred their ownership to the buyer so they can share it with their bank. – Title attorneys specialize in real estate law and can help…
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What to Do If You Get Hit by a Car While Riding Your Bike
– Leave the roadway to avoid further injury from traffic. – Call 911 and report the incident to the police. – Seek immediate medical attention, even for minor injuries, as some injuries may not show symptoms immediately. – When documenting the incident, it is important to collect information from the driver, such as their name,…
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Florida Court Rules that Construction Contract Clauses Are Unenforceable
1. The court found that the no-damages-for-delay clause in the contract between Sarasota County and Southern Underground Industries, Inc. was enforceable, and the contractor was not entitled to additional compensation for the 71-day delay caused by the county’s stop-work order. 2. The court also found that the liquidated damages clause in the contract was enforceable,…
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How Florida Calculates Payment for Eminent Domain Takeovers
1) The value of the condemned land, including any associated appurtenances and improvements, must be compensated under Florida law. 2) Severance damages are only available when a partial taking of the property occurs, and are meant to compensate for the reduction in value to the remaining land. 3) Business damages are only available when less…
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“Getting Your Court-Ordered Payment: Smith Legacy Law”
1. Dolly Parton is a philanthropic celebrity known for her passion to do good and her lessons can be emulated by others. 2. U.S. citizens receive certain tax benefits throughout their lives and even upon their death, which non-citizens do not enjoy. 3. Estate planning is important for every adult, regardless of wealth or age,…
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“Is Your Company Qualified for the Employee Retention Credit?”
– The Employee Retention Credit (ERC), included in the CARES Act of 2020, has been modified multiple times, making it difficult to determine eligibility and calculate the credit accurately. – The ERC provides cash to eligible employers as a refundable employment tax credit, with a maximum credit of $5,000 per employee in 2020 and $7,000…
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Florida’s Trust Code Gets Big Updates
– Parents can now represent and bind their unborn children and unborn descendants in trusts, as long as there is no conflict of interest. – The statutory rule against perpetuities for trusts created on or after July 1, 2022, will now apply 1,000 years in place of “90 years” unless the terms of the trust…