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Marco Island Law Blog

CONDO BUYERS SHOULD INVESTIGATE WHAT THEY DON'T KNOW

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 ...
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HOMESTEAD SWEET HOMESTEAD

Florida homestead property is special. It is protected from creditor claims and gets property tax discounts. Florida even limits the ability to give away homestead in a Will or trust. All but the ...
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CONDOS, CO-OPS & HOAS... OH MY!

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 ...
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FINES AND THE UNRULY CONDO TENANT

Close living quarters of condominium living can magnify nuisances. What might not be a problem due to separation of single-family homes can reach the annoying and even intolerable level in a ...
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ESCALATION CLAUSES-BUYER AND SELLER BEWARE

Calling the local real estate market red-hot is like calling a bonfire a campfire. Properties can sell within hours of going on the market. Some properties sell for more than the listed price. ...
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CONSTRUCTION CONTRACTS REQUIRE ATTENTION

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 ...
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FORCING A SELLER TO CLOSE

The real estate market is red-hot. Sellers can have seller’s remorse in a normal market, thinking property was sold too cheap. When the market is on fire, even more sellers think they sold too ...
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GETTING A JUDGMENT IS ONLY THE BEGINNING OF TRYING TO GET PAID

A lot of people think that when someone gets a judgment in a court case they get paid. That is especially true in Small Claims Court, where a majority of people represent themselves. Experienced trial ...
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WHAT HAPPENS IN A LAWSUIT

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 ...
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CONDOMINIUM OWNERS GET ACCESS TO ASSOCIATION RECORDS

Florida’s Condominium Act goes a long way to ensure transparency in governance and operation of a condominium association. The earliest version of the Act required associations maintain ...
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PROBATE EXPLAINED

Seems like everyone has heard about probate. Many think probate is a four letter word describing a process that is arduous, painful and time-consuming. Some think probate is a simple process, ...
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PAYMENT MIGHT BE DUE EVEN IF NO CONTRACT

Contracts are part of our everyday life. The legal definition of A contract is agreement created by an offer, acceptance of the offer and consideration. A contract must also evidence that the parties ...
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LAWSUIT TERMS EXPLAINED

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 ...
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WHAT TO KNOW ABOUT ESTATE PLANNING DOCUMENTS

Estate planning can be confusing. The internet is full of “helpful” information, much of which is wrong. Attorneys sometimes do a poor job of explaining. That can leave a big gap between a ...
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BUYER INSPECTION RIGHTS ARE GOVERNED BY CONTRACT

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 ...
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CONDOMINIUM MATERIAL ALTERATION ISSUES CAN BE COMPLICATED

Those living in a condominium often differ about how the condominium should look. Owners and their Board of Directors often disagree. Because the purchaser of a condominium often buys because of its ...
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GIFTS - IT'S COMPLICATED

The holiday season brings with it the joy of giving and receiving gifts. But, gifting at any time can be accompanied by unexpected consequences. Bah humbug you say? Scrooge? Not really, but it might ...
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LIABILITY COMES WITH LOANING YOUR CAR

The common law doctrine of dangerous instrumentality makes the owner of a dangerous instrumentality liable for injury resulting from someone else using the dangerous instrumentality. A dangerous ...
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ATTORNEY FEES NOT ALWAYS AWARDED

Clients are often disappointed to find out attorney's fees are not part of every judgment. Most think it is only fair that because they have been wronged, one way or another, the wrongdoer should ...
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LEGISLATURE PROVIDES AUTO REPAIR PROTECTION

Florida's Motor Vehicle Repair Act was first adopted in 1980 as the legislature's effort to protect Floridians from surprise auto repair bills. The Act applies to all motor vehicle repair ...
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READ IT (THE CONTRACT) OR WEEP

Bought a new car recently? A house? Applied for a loan? New software? Use the internet? All of these involve contracts and most of the contracts are small print and many pages long. Contracts are ...
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PAYMENT OF A JUDGMENT IS NOT AUTOMATIC

When someone files a lawsuit, they expect to get paid after they win. Many think getting a judgment equates to payment and are shocked to find judgment only opens the door to collection. Payment of ...
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WHAT DO YOU GET FOR BREACH OF CONTRACT?

Contracts are important. We deal with contracts in virtually all aspects of our life. For "big" deals, most people rely on a written contract. Handshake or oral agreement is often used in ...
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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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