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  • The Penalties for Underage Drinking & Driving in Florida

    Each March, weary college students close their textbooks and flock to their favorite destination locations to relax, party, and recharge for the upcoming school weeks. With its gorgeous beaches, world-famous attractions, and rocking nightlife scene, it’s easy to see why Florida is considered one of the most popular spots for both local and vacationing spring breakers. However, before you take a ...
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  • When Should I Update My Estate Plan?

    Drafting a comprehensive estate plan can be a time-consuming and emotional endeavor. After all, these documents need to prepare your chosen agents/personal representatives for unexpected medical emergencies, safeguard your end-of-life choices, and protect your assets and beneficiaries during the probate process upon your death. You can’t just lock these documents away and assume that you’ll still ...
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  • E-Signatures and the Statute of Frauds

    Fla. Stat. §725.01, is called the “Statute of Frauds”, it requires that, in order to be enforceable, a contract involving the sale of an interest in land must be memorialized in a written instrument signed by the party against whom enforcement is sought (or by some other lawfully authorized person). Accordingly, an enforceable real estate contract must satisfy two threshold conditions: (1) it must ...
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  • When Should You Start Thinking About Estate Planning?

    Many young people aren’t worrying about the distant future often. However, when it comes to making sure your family and things are taken care of, you should seriously consider taking an active role in estate planning. Planning your estate allows you to prepare for the unlikely event of your own incapacity due to a disability, illness, or death. It also helps keep your belongings, money, and ...
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  • Questions To Ask Yourself As You Begin Estate Planning

    Planning your estate is not a simple process. As your life grows and evolves, you need to make new considerations for the different people and responsibilities in your life. Although your estate will have its own unique needs, these questions can help you make an outline and prepare you for a conversation with your estate planning attorney . What Documents Do You Need? An estate plan consists of a ...
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  • A Message To Subdivision Owners

    Who would argue that we’ve confused things in Washington to the point that there will probably be no winners – only losers? This article is about how the State of Florida has scrambled the law of subdivision covenants in exactly the same way. This subject is not fun, even to lawyers. But it affects every owner of property in a subdivision and every real estate professional. Please don’t change the ...
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  • Common Property Valuation Conflicts

    Property valuations can pose a number of potential conflicts, and sometimes parties end up disagreeing on the value of a property. There can be several reasons why these conflicts occur including accidental errors, fraud, and confusion of laws. Accidental Errors On occasion, people will disagree about the value of a property due to an inadvertent error in calculating the value. For example, the ...
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  • My Best Round of Golf

    Last Saturday I got an opportunity to choose to either embarrass myself playing golf, again, or to do something different. I chose different. Like having a salad at Danny’s Fried Chicken (no one I know would ever do that), I said no to golf and joined a caravan of men and women going to Panama City to clean up after Hurricane Michael. For me, not every minute was fun. But every minute was ...
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  • Choosing between a Short Sale & a Voluntary Foreclosure

    Choosing between a Short Sale & a Voluntary Foreclosure Foreclosure is what happens when a homeowner fails to make their mortgage payments. In the first six months of 2018, it’s estimated that 1 out of every 370 housing units in the United States had a foreclosure filing. According to Daren Blomquist, the Senior Vice President of ATTOM Data Solutions, these numbers are the consequence of loosening ...
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  • Is My Landlord Responsible for Repairs?

    Renting a property can leave some things ambiguous as to whether your landlord is responsible for repairing broken or malfunctioning appliances or other parts of your home. If you are living in a rental property, repairs are typically the responsibility of the landlord. There are times, however, when the cost of a repair could fall on you. There should be details in your lease that determine what ...
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  • HURRICANE MICHAEL INSURANCE CLAIMS

    I’ve been consulting with the pro-bono legal relief effort for hurricane Michael. The very first and most obvious question was from legal aid lawyers who have been asked how best to present insurance claims for losses to houses and mobile homes. Specifically, owners are afraid to call a lawyer to help with claims because they know lawyers will cost too much. Many of these owners don’t have the ...
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  • Top Real Estate Disputes Among Buyers and Sellers

    In real estate transactions, it is quite common for there to be disputes between buyers and sellers. During the course of a real estate transaction, you may have significant problems, which could result in the deal falling through. However, by cooperating with a buyer or a seller with the help of other professionals, such as real estate attorneys, you will be in a better position to complete a ...
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  • Can My Landlord Evict Me?

    In Florida, there are strict laws that govern when and under what circumstances a landlord can evict a tenant. In general, there are certain procedures that a landlord must follow before they can legally evict someone. What must happen before an eviction? Before an eviction, the following steps must be completed: Written notice to vacate provided to the tenant Service of a complaint and summons ...
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  • LESSONS FROM A LIFE IN REAL ESTATE

    There was a time when I attended some pretty good schools. I know now that most of the “students” were there without any clear idea why. Mom and Dad sometimes had no idea how uninterested those kids really were. But three months after graduation I had the honor to sit in the best school I’d ever seen, in classes filled with young men who had orders to go to war. Most didn’t end up going. Some did. ...
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  • Visitation Rights for Deployed Parents

    Child custody determinations can be the most difficult and emotionally challenging aspect of a divorce case. Parents may struggle to agree to make a parenting plan, especially if one parent is in the armed forces, because they need to make accommodations for one parent’s frequent deployments. If parents cannot agree, the court will intervene to determine a parenting plan, which will focus on the ...
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