Key Considerations for Buying or Selling a Business: Asset Sale and Purchase Agreements

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,…
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How Long Does it Take to Form an LLC in Florida?

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…
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Who Pays? Part I—Promptly Investigating Insurance Coverage and Defendants and Putting Carriers on Notice

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…
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Who’s Liable for a Motor Vehicle Crash? Part II—Parents, Legal Guardians, Private and Public Agencies and Entities

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…
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Who’s Liable for a Motor Vehicle Crash? Part I—Owners, Operators, and Employers

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…
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Florida Real Estate Broker Commissions and the Procuring Cause Doctrine

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…

Requirements for Security Deposits & Advanced Rent in Florida: No Commingling Funds and Notice Requirements

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…

Requirements for Deductions and the Return of Security Deposits for Residential Tenants in Florida  

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…

Creating a Limited Liability Company in Florida

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…

Five Tips for Business Owners Protect yourself from common pitfalls by following these simple tips in your business.

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.…