One commonly used method to structure the sale of a business is an asset sale, that is, selling the assets of the business. This is a preferred method for many as it allows the business to sell the tangible assets (e.g. furniture, equipment, inventory, etc.) and intangible assets (e.g. goodwill, contractual rights, domain names, etc.) […]
The process to form a limited liability company in Florida consists of filing Articles of Organization with the Florida Department of State, Division of Corporations, either by mail, in person, or electronically. Once the Articles of Organization are filed, processed, and accepted, your entity will be considered formed and appear on Sunbiz.org, the state’s official […]
You were in a motor vehicle accident, you are not at fault, and now you’re wondering who will pay for your injuries and medical bills. Prompt investigation should be conducted into available insurance coverage and the collectability of potential defendants. Both may be sources from which to satisfy a judgment or negotiate a settlement for […]
You were in a motor vehicle accident and now you’re wondering who will be liable. There are two lines of inquiry that should be pursued initially—potential defendants and potential insurance coverage. This blog article is Part II of a two-part blog that focuses on the former, potential defendants. A subsequent blog article will discuss potential […]
You were in a motor vehicle accident and now you’re wondering who will be liable. There are two lines of inquiry that should be pursued initially—potential defendants and potential insurance coverage. This blog article is Part I of a two-part blog that focuses on the former, potential defendants. A subsequent blog article will discuss potential […]
The Doctrine In Florida, a real estate broker may be entitled to a commission despite not having a written agreement. Under Florida’s procuring cause doctrine, in certain circumstances, “[w]here a sale is consummated by the vendor and a purchaser produced by the broker, the broker is entitled to the commission if he or she was […]
How to Hold Funds In Florida, residential landlords are required to hold advanced rent (e.g. last month’s rent) and security deposits in a separate bank account (either interest or non-interest bearing) or post a surety bond. Landlords are not permitted to commingle the funds with the landlord’s other funds or make use of the money […]
In Florida, certain statutory requirements apply when making deductions or returning a residential tenant’s security deposit. Florida Statutes Chapter 83, Part II, governs residential tenancies and contains the following specific requirements. Returning the Security Deposit or Providing Notice of Intent to Deduct Once a lease ends and the tenant vacates the premises, the landlord must […]
Why Should I Use an Attorney? The Florida Department of State Division of Corporations website, Sunbiz.org, contains forms and instructions to create a Florida LLC via mail or online. The website also has instructions on how to complete and file the forms. So, why should you consider hiring an attorney to create your LLC? With […]
Do not operate as a sole proprietor. Doing business in your own name without organizing a business entity can expose your personal assets to business liabilities. Sole proprietors are liable for all claims arising from the business. Consider forming an entity to operate your business. In Florida, there are many choices including corporations, limited liability […]