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Should You Form an LLC?

Should You Form an LLC?

Business Law
When you are starting a business, you must balance efficiency with your own personal protection in case something goes wrong with your venture. You could be held liable for debts and judgments if you do not have the right business structure. A limited liability corporation can potentially help you form an operating business while protecting you from liability. The reason why people will form an LLC has to do with its name. If you have a sole proprietorship, you are the company. If you end up with business debts or you injure somebody, you could end up being made to pay yourself. When you form an LLC, your liability is limited to the assets of the business (subject to some exceptions). An LLC is relatively easy to start. You would…
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Do Contract Disputes Go to Court?

Do Contract Disputes Go to Court?

Contract Disputes
While contract disputes are not inevitable, they happen more often than you think during the course of performance. In some cases, they will end up in litigation, but that does not always mean that your case will end up in front of a judge. There is a difference between a case going to court and going to trial. Many cases will go to court when one or both parties file a lawsuit. However, you may work on negotiating a settlement at some point during the legal process. It is common for both parties to resolve their difference between the time that the lawsuit is filed and when the case would go in front of a judge or jury. In fact, a civil trial is very rare. Most cases will settle…
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Common Title Issues

Common Title Issues

Real Estate
Problems with the title can get in the way of what you think will be a routine closing. Title companies report that they have to do some work to resolve title issues in roughly one-third of closing. Here are some common issues that could impact your closing. Liens When a property owner owes money, one way that someone can potentially collect is by placing a lien on the property that gives them an entitlement to sell the property to recover all or part of the debt. A lien is attached to the property, as opposed to being levied against a person. Therefore, the lien would pass with the property if it is not detected or resolved. Unclear Boundaries and Easements The neighbor may claim part of the property because the…
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Steps to Form a Business

Steps to Form a Business

Business Law
From a legal standpoint, forming a business is not something that happens automatically. It takes work and planning to make the necessary choices and execute them. An experienced business law attorney can work with you on this process. The first step is to choose a business structure. You have various options, and the one that you select could determine things such as: Your personal liability for your business debts and obligations Your tax status Whether your business would survive owner disputes The reporting obligations for your business Then, there are numerous registrations that you would have to file, including: With the Florida Department of State Registering the business name Registering with the IRS to receive an employer tax identification number Registering with the Florida Department of Revenue In addition, you…
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What is a Bad Faith Insurance Claim?

What is a Bad Faith Insurance Claim?

business law FAQ
Even if you are not their customer, an insurance company has certain obligations to you under state law. Although every insurance company has their toolbox of tricks that they regularly use to make your life more difficult, there is such a thing as crossing the line. If they do, you can file a bad faith claim directly against the insurance company. While you may expect insurance companies to make lowball settlement offers and try to save themselves some money, you would still expect them to make good on their obligation to pay claims when a policyholder causes damages. A bad faith claim refers to situations where an insurance company tries to avoid its legal obligations by reneging on its obligation to pay. Insurance companies can engage in bad faith by:…
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Common Title Issues When Purchasing Real Estate

Common Title Issues When Purchasing Real Estate

Real Estate
The title is what ensures that you actually own the real estate that you purchase. Before the deal closes, you must ensure that the title is completely valid. Otherwise, you may not be getting the full benefit of the bargain. Easements One common issue is an unknown easement on the property. An easement allows someone else to use part or all of the land for a certain purpose. When there is an easement, you have to share use of the land. Someone else may have access to the property. Undiscovered Encumbrances Someone else may hold a lien on the property. There could be a third party, such as a bank or the government, that was not paid what they were owed. The lien attaches to the property itself, as opposed…
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Drafting Enforceable Business Contracts

Drafting Enforceable Business Contracts

Business Law
The terms of your business contracts will be what protect you in the event of a dispute. However, the contract may not always be enforceable if the matter is litigated in court. Here are some tips for drafting enforceable business contracts. The first thing is to make sure that the goals of the contract are clear. Each agreement requires consideration. Each party must do something for the other or give up some sort of right. The language of the contract should be clear and definite and should leave no doubt as to key terms. In that regard, your contract should contain all the key terms of an agreement and not exclude anything. Make sure that you state that the contract represents the entire agreement between the two parties, so there…
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Requirements for a Valid Will

Requirements for a Valid Will

Estate Planning
Just because someone thinks they have a will in place does not mean that it will be valid and enforceable when the time comes. There are certain key requirements that, if they are not met, can render the will invalid. The first requirement is that the will be in writing and signed. Oral wills are not valid or enforceable. The will must be witnessed and signed by two people. You can have the will notarized, although it is not a requirement. A notarized will does not need further proof of its validity. The second requirement is that the testator has the legal capacity to make a will. First, they must be 18 years or older. Then, they must be of sound mind to make the will and not under the…
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Do You Always Need a Real Estate Lawyer?

Do You Always Need a Real Estate Lawyer?

Real Estate
When people are buying or selling a property, they often want to try to economize and save money. After all, buying a house has become prohibitively expensive. One place where people should not try to save a few dollars is by going without an attorney. There are too many things that can go wrong in a real estate deal. Even the slightest mistake in the documents can cause you financial and logistical headaches. The contract of sale is exactly that - a contract, meaning that you are bound by its terms. If you do not have the protection afforded to you by specific terms that you need, you can face a financial loss, whether you are a buyer or seller. There are other issues that arise in a real estate…
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General Counsel Services for Your Business

General Counsel Services for Your Business

Civil Litigation
No matter what stage of growth your business is at, you will always need legal help at some point. Whether it is reviewing a contract, handling a dispute, or negotiating a corporate agreement, an experienced attorney can provide value. However, you may not have the need or budget for a full-time attorney. We help businesses in this position by providing outsourced general counsel services. An outsourced general counsel partners with you. They know your business because they work with you on a regular basis. Not only do they help you as legal issues arise, but they also are on the lookout for things that can affect your business. In addition, an outside general counsel can assist your business by building out your legal function and establishing an infrastructure that will…
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