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Marco Island Law Blog

COSTS ADD UP IN A REAL ESTATE SALE

Everyone understands sale price in a real estate contract. Most people remember they signed an agreement to pay a sales commission. But unless you read the contract, you might not know there are other ...
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CONDOMINIUMS RIGHTS TO APPROVE TRANSFERS

A condominium association's right to approve sales or leases is almost mythical. Most people believe associations have an inherent right to approve sales or leases, but that is not the case. ...
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PARENTING PLANS ARE FLORIDA'S ANSWER TO CHILD CUSTODY IN DIVORCE

Divorce is a traumatic experience for most and may impact children more than others. Florida courts have struggled with child issues in divorce cases. Judges have always been concerned with the best ...
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PROBATE EXPLAINED

Most people have heard about probate, but many do not understand what it is. In simplest terms, probate is the process by which assets and debts of the decedent are distributed and paid. A Will does ...
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TITLE COMPANY OR ATTORNEY FOR CLOSING

Florida consumers have a choice when closing a real estate purchase that is not available in all states. A buyer can choose an attorney for representation and issuance of title insurance or a title ...
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SMALL CLAIMS IS THE PEOPLE'S COURT

Lawsuits can be complicated and lawyers are expensive. A typical lawsuit in Florida takes more than 12 months to complete and cases often take years. Lawsuits generally have 5 stages: investigation, ...
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ADDRESSING LEGAL MATTERS WHILE SAFER AT HOME

The COVID-19 pandemic affects us all. The Governor's Safer at Home Executive Order and business shut down has certainly changed our lives. Many businesses are closed. Others, such as restaurants, ...
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COVID-19 MAY NOT EXCUSE BREACH OF CONTRACT

Stay-at-home orders, furloughs, business closings and medical issues are all part of the COVID-19 pandemic. For many, economic hardship is real. For others, perceived economic hardship is an ...
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ESTATE PLANNING PROVIDES LIFETIME PROTECTIONS

When most people think of estate planning, they think about giving their assets away after death. But, estate planning should involve so much more. An attorney discussing estate planning with his or ...
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ESTATE PLANNING TO AVOID PROBATE REQUIRES THOUGHT

Estate planning is something many put off for years and in some cases their entire life. Thinking of one's mortality is not necessarily appealing, and taking time with an attorney to prepare ...
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FLORIDA HOMESTEAD IS PROTECTED FROM CREDITORS

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 ...
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INCOME DEFINED BROADLY FOR CHILD SUPPORT

INCOME DEFINED BROADLY FOR CHILD SUPPORT By: William G. Morris, Esq. One of the hard-fought issues in divorce cases is child support. In an effort to minimize that battle, the legislature has ...
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CONDO DISCLOSURE MANDATED IN FLORIDA

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 ...
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CONDO ASSOCIATIONS HAVE POWER

Florida's legislature has long considered regulation of condominiums an important part of governing. Florida's first Condominium Act was adopted in 1963. The original goal was to provide ...
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PARENTS HAVE LIMITED LIABILITY FOR CHILDREN

Florida inherited the common law of England and part of that law dealt with parent liability for their children. The common law of England provided parents were not liable for the wrongful acts of ...
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PROCURING CAUSE

Real estate sales are big business in Southwest Florida. Although buyers and sellers are often in the market to make money, the person in the real estate transaction that is invariably oriented toward ...
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POWERS OF ATTORNEY

A power of attorney is a writing signed by a principal granting authority to an agent to act on behalf of the principal. The agent is known as an attorney- in- fact. A power of attorney can be a very ...
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ATTORNEY FEES AND THE AMERICAN RULE

Many people think if they file a lawsuit they will win and get their attorney fees paid to boot. Some of those people are wrong about winning. More are wrong about getting their attorney's fees ...
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LIABILITY FOR ANIMALS CAN DEPEND ON THE ANIMAL

People in Florida have a wide variety of animals. Many are pets. Some are work animals. Some are wild animals and we even have emotional support animals. What kind of animal can be kept on one's ...
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TRUSTS CAN BE CONFUSING-TRUST ME

Trusts have been around for centuries. Despite that long heritage, few people really understand trusts. There is not simply one type or form of trust. The same type of trust can even be referenced by ...
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COURTS ORDER LITIGANTS TO TRY AND SETTLE

Florida courts are historically underfunded. There are not enough judges to take care of the large volume of criminal and civil cases filed in Florida each year. The judiciary tries mightily to ...
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DEEDS CONVEY REAL PROPERTY

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, ...
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BUILDING PERMITS MUST BE CLOSED

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 ...
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NOT EVERYONE HAS TO PAY CONDO ASSESSMENTS

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 ...
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MOTOR VEHICLE REPAIRS REQUIRE WRITTEN ESTIMATES

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 ...
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