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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,…

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…

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.…

Will a Lawyer Take My Case on Contingency?
Contingency fee arrangements are common in cases involving personal injury, medical malpractice, and product liability. A contingency fee arrangement means that an attorney agrees to defer payment of attorney’s fees and costs until the client…

Options for Enforcing & Collecting on a Judgment in Florida
Congratulations! You won a monetary judgment against your opposing party. You are now entitled to a sum of money. But how do you turn that piece of paper into a meaningful result?
The process and cost of enforcing and collecting a judgment…

Administrative Hearings Explained for Licensed Professionals
Administrative Hearings under Florida Statutes Chapter 120
Realtors, contractors, and numerous other professionals licensed through the Florida Department of Business and Professional Regulations are subject to Florida’s administrative…