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Category: Blog article

  • Why a Million-Dollar Challenge Isn’t Legally Binding

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    1. The United States Court of Appeals for the Eleventh Circuit held that an empty boast could not form the basis of an enforceable contract in Kolodziej v. Mason, Case No. 14-10644. 2. The Court ruled that the defense lawyer’s statement offering to pay a million dollars if someone could get from the airport to…

  • “Essential Tips for a Hassle-Free Divorce”

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    1. Financial documents should be collected in advance to avoid potential obstacles later on. These documents include credit reports, credit card statements, and bank statements. 2. As soon as the necessary documents are gathered, the next step is to contact a divorce attorney who can provide guidance on the next steps in the process. 3.…

  • Top 5 Facts About Florida’s Construction Defect Law

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    1. Owners must serve a written notice 60 days before filing a lawsuit for construction or design defects, or 120 days if it involves an association with 20 or more units. 2. If the owner fails to serve the required notice, any legal action for construction or design defects will be postponed until the notice…

  • Welcome to Hoiberg Group: Your Go-To Source for Legal Help!

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    – Traditional IRAs provide tax incentives for retirement savings and allow earnings to grow tax deferred. – Contributions to traditional IRAs may be tax deductible, and money is not taxed until it is withdrawn. – There are annual limits to contributions and penalties for early withdrawals from traditional IRAs. – Roth IRAs have different rules,…

  • How to End a Contract: A Simple Guide

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    – Contracts often include a termination provision that outlines the circumstances and requirements for terminating the contract. – If a contract does not have a termination provision, negotiation with the other party or amending the contract to make changes to obligations may be possible. – Contracts may also include requirements for assigning the contract to…

  • Car Accident and Insurance Rates: Who’s at Fault?

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    – Some popular insurance companies may raise insurance premiums for drivers involved in a no-fault car accident – State Farm does not raise insurance premiums for no-fault accidents – Drivers in Jacksonville, FL may see an average of a $132 increase in their premium after a no-fault accident – California and Oklahoma prohibit insurance rate…

  • Florida’s New Public-Sector Union Law Faces Initial Challenges as New Requirements Kick In

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    – Florida’s SB 256, which imposes new requirements on certain unions representing public-sector employees, went into effect on July 1, 2023. – The law prohibits direct payroll dues deductions and assessments by the public employer, requires unions to be recertified if less than 60 percent of eligible employees pay dues, and mandates additional information in…

  • “Payment for Estate Managers in Florida”

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    1. The court determines personal representative compensation based on factors such as the size and complexity of the estate, the time required to administer the estate, and the personal representative’s skill and experience. 2. Florida uses a percentage of the estate’s value to calculate personal representative compensation, with the percentage varying depending on the size…

  • Are “As-Is” and “No Warranty” Clauses Always Enforceable in Florida?

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    1. The contract contained a warranty statement providing the vehicle was being sold “As-Is” and the dealer assumed no responsibility for any oral statements about the vehicle. 2. The purchaser was charged an inspection fee and service charge, and was informed the oil was changed and the car was mechanically sound. 3. The engine block…

  • “Keys to Success in Joint Ventures”

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    1. Careful planning and implementation at multiple stages are crucial for the success of a joint venture in the United States. 2. Joint ventures are commonly formed to enter new markets or expand customer base and distribution capabilities. 3. Small and mid-sized firms find joint ventures attractive because they can explore new markets and retain…

  • Maximize Your Car Accident Settlement: 9 Tips to Get More Money

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    1. Document the accident scene by taking photos and videos of the damage to both vehicles, weather conditions, and injuries sustained. 2. Gather contact information from any witnesses who may have seen the accident. 3. Seek immediate medical treatment to have the injuries evaluated by a medical professional. 4. Do not speak with the other…

  • Common Problems in Resolving Property Titles

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    – Issues with property ownership can arise when someone dies without a clear heir, leading to potential disputes over property rights. – Poorly recorded or unrecorded liens on the property from previous owners can also create complications, as well as new liens placed on the property after it has been sold. – Title insurance policies…

  • “Tips for Avoiding Arguments in Private Company Valuations”

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    – Dolly Parton is known for her philanthropy and has important lessons to teach about doing good. – After winning a money judgment in a legal case, the recipient is entitled to the amount stated, but does not automatically receive the funds. – Non-citizens in the US do not receive the same tax benefits as…

  • How to Get Business Licenses and Permits in Miami, Florida

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    – Our business license lawyer in Miami is knowledgeable in the requirements and regulations for obtaining business licenses, occupational licenses, and permits in Florida and across the United States. – They can provide legal guidance and representation to ensure that businesses are in compliance with all necessary licensing requirements. – Our lawyer can assist with…

  • Everything You Need to Know About Naming Your Life Insurance Beneficiary

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    – Business owners can use life insurance to equalize the value of each child’s inheritance or to buy the deceased partner’s interest from their family. – Parents with young children can use life insurance to pay for the expenses of raising children and provide for a surviving parent if the deceased parent was the family’s…

  • Enforcing Foreign Judgments in Florida: Time Limits to Know

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    – Foreign judgments can be domesticated in Florida under the full faith and credit clause of the U.S. Constitution and the Florida Enforcement of Foreign Judgments Act. – There are two methods of enforcing a foreign judgment in Florida, each with a different statute of limitations. – Pursuant to FEFJA Section 55.503, a foreign judgment…

  • Proving Someone Wrongly Influenced a Will in Florida

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    1. The testator was in a vulnerable state and easily influenced by others. 2. The person accused of exerting undue influence had the chance to manipulate the testator’s decisions. 3. The person accused of undue influence used coercion or manipulation to obtain an unfair will or legal document. – Factors that may make a person…

  • Florida’s Lost Tax Revenue: The Unintended Consequences of a Documentary Stamp Tax Loophole

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    The Florida documentary stamp tax on real estate transfers is imposed on the consideration paid on real estate transfers, such as cash paid for a transfer by deed, at a rate of $700 per $100,000 of consideration. There are exceptions to the tax, such as unencumbered property transferred between spouses as a gift, transfers by…

  • Can Homeowner Associations Stop You from Renting Your Home for Vacation?

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    – Short term vacation rentals are considered residential use of property and do not violate restrictive covenants prohibiting property from being used for business purposes. – Pre-approval leasing requirements and lease restrictions may not apply to vacation rentals, as they are likely not the same as traditional leases. – Vacation rentals typically do not require…

  • How to Win a Quiet Title Lawsuit in Real Life

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    Step 1: Consultation with a knowledgeable attorney in quiet title actions is crucial for success. It is important to hire an attorney who specializes in quiet titles to ensure a quicker process. Step 2: Provide all requested documentation to your attorney, such as tax deeds, property transfer deeds, and mobile home VIN numbers, to support…

  • “Common Tax Challenges for Soon-to-Retire Individuals”

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    1. Required minimum distributions: Retirees may need to start taking withdrawals from their retirement accounts once they reach a certain age, which could affect their taxable income. 2. Selling the principal residence: Retirees who want to downsize and sell their homes may be able to exclude up to $250,000 (or $500,000 for joint filers) of…

  • Judgment Creditors Can Look into Joint Assets in Florida’s Second District

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    – Creditors can conduct post-judgment discovery on a debtor’s assets held jointly with a spouse, according to Florida’s Second District Court of Appeal’s opinion in Regions Bank v. MDG Frank Helmerich, LLC, et al. – This allows creditors to have a greater reach in locating nonexempt assets to satisfy judgment debts. – The case involved…

  • How Long Do You Have to Sue for an Accident on Someone’s Property?

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    – Florida’s statute of limitations for filing a premises liability claim has been reduced to two years from the date of the accident. – In the event of a slip and fall accident, seek immediate medical treatment and gather evidence such as photos and videos of the accident scene. – Retain a copy of the…

  • Understanding the Real Estate Purchase Agreement

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    – The real estate purchase agreement is a binding document that protects both the buyer and seller in a property transaction. – It includes details about the property, the agreed-upon price, and the names and signatures of the parties involved. – It also outlines the closing date, expiration date of the offer, and who will…