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Blog Posts in 2019

CAN I FLY MY FLAG?

Over the years, condominium, cooperative and homeowners associations frequently battled with homeowners over the display of flags. Some battles included giant flag poles and giant flags. Others, were ...
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VISITOR CAN BE TRESPASSER, LICENSEE OR INVITEE

People seem to get hurt everywhere. Tripping, falling into holes, falling down stairs or something more painful. In many cases, the injured person's first thought is who can I sue? The property ...
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ESTATE PLANNING MISTAKES TO AVOID

The internet is awash with help for the do it yourself estate planner. It is also full of tips for the do it yourself auto mechanic, home electrician or plumber. If you like, there are even kits and ...
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FLORIDA'S LEMON LAW

A car with many problems is often referred to as a lemon. In an effort to assist the unlucky purchasers of new cars with problems, and turn lemon into lemonade, Florida's legislature enacted the ...
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NEGLIGENCE CAN EQUAL LIABILITY

As the shackles on lawyer advertising are removed, it seems like lawyers are frequently advertising for injured people to hire their services. They do not want everyone who is injured. They only want ...
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LEGISLATIVE PROTECTION FOR CONDO AND HOA BUYERS

Buying a home or investment property is not without risk. Buyers should be working with experienced attorneys, Realtors and other professionals to avoid anticipated problems. But, buyers often move ...
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SIDEWALK TRIPS AND LIABILITY

Sidewalk cracks are all too common. Everyone has seen them. Some have tripped over them and been seriously injured. When that happens, the question becomes who is liable for those injuries? Liability ...
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ALIMONY DIFFERENT WAYS

Alimony has a long history. Its genesis can be traced as far back as the Babylonian Code of Hammurabi almost 4,000 years ago. Its origin was intended to take care of the former wife, since women had ...
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ALTERNATIVES TO LAWSUITS

Lawsuits are expensive. Even in smaller cases, the parties can pay tens of thousands of dollars in attorney's fees. Attorney's fees exceed the amount in dispute in many cases. Unless the ...
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GIFT REMORSE, TAKE BACKS OR RETURNS

The joy of Christmas giving has passed and many recipients and even givers are having second thoughts. Can that gift be returned to the store? Or, if the relationship has soured, can a gift be taken ...
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SELLERS CAN BE FORCED TO CONVEY

Real estate sale are a big part of Southwest Florida's economic engine. Investors, property managers, rental agents, sales agents and others all have an economic interest in real estate transfers. ...
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SHOPPING INJURY MIGHT FALL ON THE INJURED

People can get hurt in the hustle and bustle of holiday shopping. Jostling at a crowded sales table, walking through a store with extra stacked merchandise and shoppers with the ever present drink cup ...
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THE AS IS CONTRACT MAY NOT BE AS IS

Most of the contracts used for residential real estate sales include provisions that allow buyers to inspect the property before consummating their purchase. Some contracts require the seller to make ...
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CONDOMINIUMS HAVE OPTIONS FOR BAD BEHAVIOR

Condominium living can provide the best of all worlds. Condominium owners have a home, amenities and the association takes care of the maintenance. It is a particularly attractive option for part-time ...
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CONSTRUCTION DEFECTS FIX IS NOT SO EASY

Hurricane Irma whirled through our area one year ago. Screen enclosures and roofs took the brunt of Irma's wrath, but many structures suffered more severe damage. Some contractors did less than ...
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BUSINESS ENTITIES - THERE ARE DIFFERENCES

Starting a business involves many issues, not the least of which is what entity will operate the business. Many of the same concerns arise when dealing with a business. Taxation and liability are ...
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REAL ESTATE CLOSING DOCUMENTS EXPLAINED

Southwest Florida is a virtual mecca for residential real estate sales. Year round opportunity for outdoor activities, clean air and lower crime attract more people each year. Many that are here buy, ...
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CONDO BUDGETS, ASSESSMENTS AND LIENS

Florida’s legislature realized the importance of assuring the public that buying a condominium is safe in Florida. The first Condominium Act (Act) was adopted by the legislature in 1963 and has ...
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THE MYSTERY OF PROBATE

The first question many ask while preparing a Will is why does a Will have to go through probate? The answer to that question is a historical journey through the laws we inherited from England. In ...
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