Quiet title – a method to confirm the true owner of real property

A quiet title action in Florida is a cause of action whereby all parties who may claim an interest in real property are named to determine their rights, if any, to the real property.  This can be used in a variety of circumstances to help clear liens and other possible owners appearing in a title search from having a legal interest in the real property.  This can also help owners to sell real property to a buyer who needs to borrow funds for the closing, which requires title insurance and to have any concerns for title cleared from the title.

Persons buying real estate through or following a short sale or in other circumstances that a title agent requires clear title, should consider this option.

Further details and information can be obtained by contacting us at info@demoslaw.com or 954-589-0119.

Partition – forced sale of real property

A co-owner of real property in Florida can force the sale of the real property under what is called partition.  Often it can be a co-tenant who files the action for partition.  There is a particular statute that applies to the process for partition cases.  There are types of credits that are available for owners for contributions to the real property.

Contact us for further information at info@demoslaw.com or 954-589-0119.

Construction Contracts – thorough review and addenda are essential

Before signing a construction or other contract, consult with an attorney for a review of the matter and to help revise or draft an addendum to the contract.

Licensure and insurance is important and the addendum can help avoid many pitfalls or protect the owner signing to many unwelcomed suprises that occur during projects. In Florida, unlicensed contracting can result in an invalid contract if certain circumstances such as when the scope of work falls within the matters regulated by state licensing such as general contractor work, electrician work, roofing contractor work or other areas within Florida Statutes.

Addenda help to keep owners in control of the project such as requiring retainages until the work passes a final inspection by the building department or owner’s representative, avoiding sub-contractors unless agreed by the owner, requiring bonds for performance or materials, or many other areas that could become an issue at project.

For more information reach us at info@demoslaw.com or 954-589-0119.

Automobile accidents – avoiding other issues after the crash

After having an automobile accident, there are many important issues once you determine whether you need emergency care for injuries from the accident.  Drivers should carefully assess their state of health and consider a variety of other issues.

Witnesses at the scene of any accident are vital – ask for names and phone numbers and other information you can obtain.

Photographs taken in a safe manner are very helpful - all vehicles, the road/scene, the surrounding areas, injuries to the body and other related matters can be very helpful or necessary.

Generally all automobile accidents should be reported to an insurance carrier and timely reporting is important. Insurers have several forms that need to be filled out by first party (one’s own insurer) insured for Personal Injury Protection (“PIP”) and other benefits.

It is recommended that an unrecorded statement be given to the first party insurer so that legal representation can occur if a statement is to be given under oath.

Physical therapy should be obtained with the proper provider(s) who are aware and capable of providing timely care pursuant to the new 2013 PIP laws.  Physicians usually treat a patient needing ongoing care for a period of time sufficient to reach Maximum Medical Improvement (“MMI”) to be able to provide an Impairment Rating needed by an attorney to present a demand with medical records, bills, notes and other documents and information.

Further information can be obtained by reaching us at info@demoslaw.com or 954-589-0119.  Strict time limitations apply.

 

Business Agreements

All business agreements should be reduced to writing.  Far too often there are disputes between owners, shareholders, partners or others regarding matters that are verbal only – without any e-mails or writings to memorialize or confirm the agreement or understanding of the persons.

There are several types of companies / legal entities in the State of Florida; often c-corporations (often ending with “Inc.”) are used, which can include a sub-chapter s designation when appropriate, a limited liability company (LLC), or many other variations of corporate entities.

Apart from writing and signing agreements between shareholders, owners should consider creating and periodically updated a Shareholder Agreement for a C-corporation or an Operating Agreement for an LLC.

For further information please contact our office at info@demoslaw.com or 954-589-0119.

Condominium, Homeowners’, and Cooperative Associations – Claims of Liens for Assessments

Owners of real property in a condominium, homeowner’s association or cooperative association should ensure that all assessments and special assessments are paid to avoid a Claim of Lient, legal fees and costs and possible foreclosure.

Regular assessments are used to cover the annual expenses for the community for anticipated expenses, usually with reserves unless properly voted to forego such assessments.  The board of directors conducts a budget meeting usually on an annual basis.  The laws applicable to the real property depends on whether it is a condominium (chapter 718, Fla. Stat.), cooperative (chapter 719, Fla. Stat.), or a homeowner’s association (chapter 720, Fla. Stat.).

Special assessments require that specific procedures are followed in accordance with the foregoing statutes and as set forth in the By-Laws for the community.

Further information can be obtained by scheduling an appointment at info@demoslaw.com or 954-589-0119.