Blog Posts in July, 2012
Posted on Jul 26, 2012 By William G. Morris CMS
It' s the Law CONTRACTS CAN BE EXPRESS OR IMPLIED (07/26/12) Question: I am a handyman. One of my customers recently asked me to paint his house. While I was painting, I found some other problems ...
Continue reading "07/26/12 It's The Law: Contracts Can Be Express or Implied" »
Posted on Jul 24, 2012 By Marco Island Attorney
Question: I own a small shopping center. One of my tenants made some improvements to the inside of his unit and then left town. The builder says he will file a lien against my property. Can he do ...
Continue reading "It's The Law: Landlords Can Get Stuck With Tenant Liens" »
Posted on Jul 24, 2012 By Marco Island Attorney
Q: My son was involved in a motorcycle accident. I am very distraught and losing sleep because he is hurt. Can I pursue a claim for emotional distress against the driver who hit my son? A: If your ...
Continue reading "It's The Law: Impact Usually Required To Recover For Emotional Stress" »
Posted on Jul 23, 2012 By Marco Island Attorney
Question: I am considering making an offer to buy a condo. I am counting on repayment of some money I loaned to a friend to pay for the condo. My Realtor wants me to make an unconditional offer and ...
Continue reading "It's The Law: Liquidated Damages Limit Liability" »
Posted on Jul 23, 2012 By Marco Island Attorney
Q:I own a commercial building that I leased to a tenant some years back. The lease is for a 5 year term with automatic renewals for additional 5 year terms unless the tenant gives me notice of ...
Continue reading "It's The Law: Lease Renewal May Not Last Forever" »
Posted on Jul 23, 2012 By Marco Island Attorney
Q: I am on the Board of Directors of a condominium association. A few owners have stopped paying assessments and are rumored to be in mortgage foreclosure. Some of these units have not paid ...
Continue reading "It's The Law: Condo Associations Hurt By Mortgage Meltdown" »
Posted on Jul 19, 2012 By Marco Island Attorney
Q: I live in a condominium. Our condominium is part of a bigger development. Under the covenants of the bigger development, a master homeowners association was also created. When I asked the president ...
Continue reading "It's The Law: Master Association May Not Be The Boss" »
Posted on Jul 19, 2012 By Marco Island Attorney
Question: The neighbor's kid beat up my son. Can we sue the neighbor? Answer: A parent is generally not responsible for the actions of his or her child. At common law, parents were only liable for ...
Continue reading "07/19/12 It's The Law: Parent Can Be Liable For Child's Action" »
Posted on Jul 12, 2012 By Marco Island Attorney
Q: I rent a home from my landlord. I was served with a summons and complaint in a mortgage foreclosure case in which I was named as "unknown tenant." Can I be evicted by the foreclosing ...
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Posted on Jul 12, 2012 By Marco Island Attorney
Question: I have a contract to buy real estate. The contract is a simple one page document that the Seller and I wrote up ourselves. We left out the date for closing and some other matters which my ...
Continue reading "07/12/12 It's The Law: Contract Should But Need Not Contain All Terms" »
Posted on Jul 11, 2012 By Marco Island Attorney
Question: My spouse has done a lot of bad things recently. I think I should get more of our assets than my spouse because I have had to deal with his misconduct. What will the judge say? Answer: ...
Continue reading "It's The Law: Misconduct Can Reduce Share Of Divorce Assets" »
Posted on Jul 10, 2012 By Marco Island Attorney
Question: I live in a condominium and some of our units are in mortgage foreclosure. The units are also behind in condominium assessments. After the bank finishes foreclosure, will the bank have to ...
Continue reading "It's The Law: Mortgage Holder Can Escape Payment Of Assessments" »
Posted on Jul 9, 2012 By Marco Island Attorney
Question: I have a contract to sell my house. The buyer just told me that he changed his mind and will not close. What are my options? Answer: You may have a number of options, depending upon your ...
Continue reading "It's The Law: Do Real Estate Sellers Have Options When Buyers Breach" »
Posted on Jul 9, 2012 By Marco Island Attorney
Q: Anna Nicole Smith’s death continues to make headlines as those around her are prosecuted for providing her drugs. It appears the drugs killed her. Can you inherit someone’s property if ...
Continue reading "It's The Law: Murderer May Not Inherit" »
Posted on Jul 5, 2012 By Marco Island Attorney
Question: My dad's Will appoints me as personal representative. The only direction for distribution of his assets is a direction that I follow distribution in accordance with his last discussion ...
Continue reading "07/05/12 It's The Law: Oral Wills Are Invalid --- So Are Oral Directions" »