Author: Benjamin Boyhan
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Who has authority to sign on behalf of your LLC?
If your LLC is a single-member LLC, then the single member will, by default, be the only authorized signatory. If the LLC is a multi-member LLC, then the managing member is usually the one with authority to sign, but it depends on the LLC’s governing documents. An LLC’s operating agreement can specify who the authorized…
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Should your Florida LLC have an Operating Agreement?
Florida law does not require LLCs to have an operating agreement, but your LLC should have one. Your operating agreement is the blueprint for your business and can make the process of doing business much smoother. Here are some reasons having an operating is beneficial: Beneficial for doing business – An operating agreement is often…
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If your out-of-state LLC owns real estate in Florida, do you need to authorize your LLC to do business in Florida?
Whether you need to authorize your out-of-state LLC to do business in Florida if it owns real estate depends on what you are doing with the real estate. You need to authorize your out-of-state LLC to do business in Florida if you are “transacting business” in Florida. In general, if the real estate your out-of-state…
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What is the definition of transacting business in the state of Florida?
If you have an LLC or corporation that is transacting business in the state of Florida, then it needs to be authorized to transact business in Florida. Unfortunately, there is no exact definition of transacting business in the state of Florida. However, a good rule of thumb is that if your company has a physical…
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Does your LLC or corporation need to be authorized to do business in Florida?
If your LLC or corporation was formed in a state outside of Florida, then Florida considers it a foreign entity. If you have a foreign entity and you want to transact business in Florida, then you are required to register your entity with the state of Florida and obtain a “certificate of authority.” Some examples…
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How can real estate agents protect themselves from a lawsuit?
With every client, real estate agents are at risk of being sued. Real estate agents are often very busy managing their business, representing multiple clients, marketing, running open houses, reviewing contracts, etc. If you are a real estate agent for long enough, running into legal issues is inevitable and while you are so busy, you…
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What are reasons real estate agents get sued?
Some examples of lawsuits made against real estate agents are:
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Lady Bird Deed versus a traditional Life Estate Deed
A lady bird deed (aka enhanced life estate deed) and a traditional life estate deed are similar in that they are both instruments used in Florida that transfer property at the death of a life tenant to remaindermen (the person(s) receiving the property upon the life tenant’s death). In both deeds, the life tenant has…
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Can a buyer cancel a real estate contract in Florida?
Buyers may have a way to cancel a real estate contract in Florida, but it depends on the contract. Examples of reasons a buyer might cancel a real estate contract include mortgage financing contingency, an inspection contingency, other contingencies, title defects that cannot be cured, tenant occupancy, and association documents. Mortgage financing – Real estate…
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Can a seller cancel a real estate contract in Florida?
There are usually very few ways for a seller to unilaterally cancel a real estate contract in Florida. Often, the only way for a seller to cancel a contract unilaterally is if the buyer does not fulfill the buyer’s obligation(s) under the contract. For this reason, sellers should be extra careful about signing real estate…