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What is Title Insurance?

What is Title Insurance?

Real Estate
When you are completing a real estate transaction, you are relying on the representation of the seller that they really fully own what they are selling you. If the seller does not fully own the property, you could be facing a large financial loss. Title insurance protects you from this happening. When you close on a property, you receive title. This is a legal document that says that you own the property. The seller has promised that they own the property in full. There are a number of things that can go wrong at closing. Even a mistake in the paperwork can come back to haunt you. Some of these issues could include: Unpaid tax liens Fraudulent impersonation of the owners Unreleased mortgages Errors in preparing the documents These are…
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When is a Contract Provision Unconscionable?

When is a Contract Provision Unconscionable?

Contract Disputes
While two people generally have the freedom to enter into a contractual agreement with one another, there are some limits. One party cannot strike a bargain that takes advantage of their bargaining power that is so significantly unfair and unbalanced that it would be considered unconscionable. In that case, the court may decline to enforce the agreement. An unconscionable contract is one that is unfair and oppressive to another party. The terms of the contract would suggest that one party had much more power in the formation and took advantage of it through these contract terms. This contract is so one-sided that requiring performance would be unjust. This is one example where a court would intervene to save someone from themselves when they have agreed to a lopsided contract. The…
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Steps to Incorporate Your Business

Steps to Incorporate Your Business

Business Law
Incorporating your business is a process that must be done right to save time and money. Here are some steps that you need to take to incorporate your business. Choose a Name You will need to incorporate your business under a specific name. Perform a search to make sure that the name you want is available because you cannot incorporate it under an existing business name. You can check on the Florida Secretary of State’s website. Choose Your Corporate Entity This may be the most important decision that you will make when starting a business. You will usually choose between a corporation and an LLC. Then, you will choose what type of corporation you are starting. Create Your Business Documents Each business must have incorporation documents and bylaws. These will…
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What Happens When Partners Disagree?

What Happens When Partners Disagree?

Business Law
Partnership disputes can be among the most challenging because each person has their livelihood on the line. Partners may be dug into their position and have their own desired way of doing things. The best thing is to avoid litigation, but it is a definite possibility. If you find yourself in a disagreement that cannot be resolved, you should attempt to mediate the dispute with the other partner or partners. Try to talk through a neutral third party or through your lawyers to help lower the tension and find common ground. Many disputes can be resolved when the parties are able to take a step back from the brink. Always Check the Partnership Agreement If you cannot settle the dispute, the partnership agreement will dictate what happens when there are…
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Who Do You Want as Your POA?

Who Do You Want as Your POA?

Estate Planning
Choosing someone to act as your agent with power of attorney is a choice that should not be taken lightly. This is a person who will have an immense amount of power to make healthcare and financial decisions on your behalf. The wrong choice can cause problems for you and your family at a difficult time. Factors to Consider When Selecting a POA The first consideration is that the potential agent has the expertise necessary to make decisions. For example, if the person has a financial power of attorney, they should be financially literate. The person with a medical power of attorney should be able to talk to doctors and process medical information. Second, you also want someone who is nearby to you to make decisions. This is extremely important…
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What are Intestate Succession Laws?

What are Intestate Succession Laws?

Estate Planning
It is always better to prepare in advance and have a will in place if something were to happen to you. However, Florida has laws on the books that provide more certainty if a person dies without a will. Nonetheless, your family would rather not be in a position of needing these laws. Intestate succession laws will determine who inherits property when someone does not have a will. Oftentimes, these laws would not even apply to much of your property. For example, assets such as retirement accounts and life insurance proceeds do not go through the court. So long as you have designated beneficiaries, they will receive the property directly from the institution that holds the assets without the need for court intervention. Property Shares When There Is No Will…
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When Can You Sue an Insurance Company?

When Can You Sue an Insurance Company?

Personal Injury Attorney
Insurance companies have a degree of power over your claim. After all, they are the ones who write the check, and they are in the position to make a settlement offer. However, they do not have an unlimited amount of authority to do whatever they want. In certain limited instances, you may even sue them if their conduct is in bad faith. An insurance company has a legal obligation to pay a legitimate claim and investigate that claim within a reasonable time period. One tactic that insurance companies like to use is inventing documentation requirements that are not a part of the policy and are not necessary for the claim. They may deny a claim without a valid reason or delay payment far beyond any reasonable period. There is a…
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Disputes Involving Contract Force Majeure Clauses

Disputes Involving Contract Force Majeure Clauses

Civil Litigation
The force majeure clause is a crucial part of every contract that has been more than helpful during the recent pandemic and supply chain crisis. It excuses someone from performing a contract when a certain disruptive act happens that would make contract performance impossible. However, there can be disputes about the exact language of the clause. It is very important how a force majeure clause is written. The clause will lay out a list of events that excuse performance. These can be disasters or things described as “acts of God.” There may even be a broad catch-all clause that could include anything outside of a party’s control that would make performance impossible. Pay Close Attention to the Clause’s Language The court will look first to the language of the clause…
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What Is an LLC?

What Is an LLC?

Business Law
When you are forming a business, you will carefully select the right corporate form. One popular choice that entrepreneurs make these days is a Limited Liability Company (LLC). This is a way that allows them to run their business with protection for themselves. An LLC has many of the benefits of a partnership without some of the risks. This is the simplest (and one of the safest) ways of incorporating your business. Protection from Liability The “limited liability” part of the term LLC refers to the potential responsibility that the owners would have in the event of a lawsuit. A claimant could not come after the owner’s personal assets unless they managed to “pierce the corporate veil.” Without this corporate form, the owners would be at risk (like they would…
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When Is a Contract Unenforceable?

When Is a Contract Unenforceable?

Business Law
When someone is sued for breach of contract, one of the common defenses is that the contract is not enforceable for one of a number of reasons. Even though there is an agreement to perform, courts will not always enforce it if there is something wrong with the contract or the way that it was formed. Lack of Capacity There are some people who lack the capacity to enter into a contract. For example, people who are in cognitive decline or minors cannot legally sign a contract. The contracts that they sign will not be enforced. This is why contracts will usually be limited to people aged 18 or over. Unconscionable Contracts Courts will also decline to enforce contracts that are so one-sided that they are unconscionable. These contracts typically…
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