Recent Posts in Liability Category
Posted on Nov 7, 2022 By William G. Morris CMS
Florida’s legislature mandates non-developer sellers of residential condominiums provide certain condominium records to a prospective buyer if requested by the buyer under a contract to purchase ...
Continue reading "CONDO BUYERS SHOULD INVESTIGATE WHAT THEY DON'T KNOW" »
Posted on Nov 4, 2022 By William G. Morris CMS
Florida offers residential purchasers a wide variety of options. Residences with amenities managed by an association are popular as they often provide something extra in the form of pool, tennis ...
Continue reading "CONDOS, CO-OPS & HOAS... OH MY!" »
Posted on Oct 25, 2022 By William G. Morris CMS
Most residential construction contractors do a good job for a reasonable price. That does not mean homeowners should contract with a handshake. A written contract is always a good idea to confirm the ...
Continue reading "CONSTRUCTION CONTRACTS REQUIRE ATTENTION" »
Posted on Oct 21, 2022 By William G. Morris CMS
Lawsuits get a lot of publicity. But, even those in a lawsuit may not know what is happening. This column will explain the process of a lawsuit in Florida state (not federal) courts. The party filing ...
Continue reading "WHAT HAPPENS IN A LAWSUIT" »
Posted on Oct 17, 2022 By William G. Morris CMS
People hear about lawsuits all the time. Some people are involved in a lawsuit. Even those involved in a lawsuit may not understand what is happening, because they do not understand the terms used by ...
Continue reading "LAWSUIT TERMS EXPLAINED" »
Posted on Oct 28, 2021 By William G. Morris CMS
The rule of caveat emptor (let the buyer beware) applied to residential real estate sales in Florida until the Florida Supreme Court decided Johnson v. Davis in 1985. In that case, the Davises bought ...
Continue reading "BUYER INSPECTION RIGHTS ARE GOVERNED BY CONTRACT" »
Posted on Jan 28, 2021 By William G. Morris CMS
Most people know that Florida provides special tax treatment for homestead property. A more important benefit may be Florida's Constitution protection from creditor claims. Article X, Subsection 4 ...
Continue reading "FLORIDA HOMESTEAD IS PROTECTED FROM CREDITORS" »
Posted on Aug 10, 2020 By William G. Morris CMS
Florida's legislature has been concerned with condominium regulation for almost 50 years. Florida's first Condominium Act was adopted in 1963 and has been amended almost every year since. The ...
Continue reading "CONDO DISCLOSURE MANDATED IN FLORIDA" »
Posted on May 14, 2020 By William G. Morris CMS
Transfers of real property have been made for eons. It is possible even our caveman ancestors staked out claims to land. Modern ownership of real property is conveyed by a deed. Over the years, ...
Continue reading "DEEDS CONVEY REAL PROPERTY" »
Posted on May 8, 2020 By William G. Morris CMS
As government expands its reach, building permits have been one focus for that expansion. With the professed goal of protecting its citizenry, local governments have expanded the requirements to ...
Continue reading "BUILDING PERMITS MUST BE CLOSED" »
Posted on Apr 30, 2020 By William G. Morris CMS
Florida's legislature has made many efforts over the years to help condominiums collect assessments while not scaring off lenders. Lenders do not want to make loans secured by property that could ...
Continue reading "NOT EVERYONE HAS TO PAY CONDO ASSESSMENTS" »
Posted on Feb 26, 2020 By William G. Morris CMS
Getting a car repaired can be one of the most frustrating experiences in life. Even though most repair shops do a good job and treat customers fairly, repairs can be more expensive than planned and ...
Continue reading "MOTOR VEHICLE REPAIRS REQUIRE WRITTEN ESTIMATES" »
Posted on Nov 19, 2019 By William G. Morris CMS
A lot of people moving to Florida start their new home search with condominiums. What could be better? Somebody else mows the lawn, cleans the pool and even maintains the building, There is an element ...
Continue reading "CONDO PURCHASER INVESTIGATION" »
Posted on Oct 29, 2019 By William G. Morris CMS
Florida takes a lot of pride in its balanced budget. Part of the effort to maintain a balanced budget is public policy protecting homes and families. Through both its Constitution and statutes, ...
Continue reading "FLORIDA IS A DEBTORS HAVEN" »
Posted on Sep 26, 2019 By William G. Morris CMS
It should not be surprising that certain items are considered dangerous. A dangerous instrumentality is an item which is either inherently dangerous or poses significant risk of damage if used ...
Continue reading "DANGEROUS INSTRUMENTALITY CAN MEAN OWNER LIABILITY" »
Posted on Sep 25, 2019 By William G. Morris CMS
Some people believe that all provisions in a contract must be strictly performed. Others have a laissez faire attitude. Both can be right, depending on contract language and circumstances. Real estate ...
Continue reading "SOME CONTRACT DEADLINES ARE FLEXIBLE" »
Posted on Sep 17, 2019 By William G. Morris CMS
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 ...
Continue reading "CAN I FLY MY FLAG?" »
Posted on Sep 10, 2019 By William G. Morris CMS
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 ...
Continue reading "VISITOR CAN BE TRESPASSER, LICENSEE OR INVITEE" »
Posted on Aug 20, 2019 By William G. Morris CMS
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 ...
Continue reading "NEGLIGENCE CAN EQUAL LIABILITY" »
Posted on Aug 16, 2019 By William G. Morris CMS
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 ...
Continue reading "LEGISLATIVE PROTECTION FOR CONDO AND HOA BUYERS" »
Posted on Aug 13, 2019 By William G. Morris CMS
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 ...
Continue reading "SIDEWALK TRIPS AND LIABILITY" »
Posted on Aug 7, 2019 By William G. Morris CMS
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 ...
Continue reading "ALTERNATIVES TO LAWSUITS" »
Posted on Aug 1, 2019 By William G. Morris CMS
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 ...
Continue reading "SHOPPING INJURY MIGHT FALL ON THE INJURED" »
Posted on Jul 30, 2019 By William G. Morris CMS
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 ...
Continue reading "CONDOMINIUMS HAVE OPTIONS FOR BAD BEHAVIOR" »
Posted on Jul 29, 2019 By William G. Morris CMS
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 ...
Continue reading "CONSTRUCTION DEFECTS FIX IS NOT SO EASY" »