Author: Benjamin Boyhan
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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…
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What assets can you not put into your trust?
You can create a trust to avoid probate, protect your assets, and enjoy many other benefits. To enjoy the benefits of having a trust, you will first need to transfer your assets to the trust, also known as “funding the trust.” While there are many assets you can transfer to your trust, there are some…
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What assets can you put into your trust?
You can create a trust to avoid probate, protect your assets, and enjoy other benefits. To enjoy those benefits, you will first need to transfer your assets to the trust, also known as “funding the trust.” To fund the trust, you will have to title the asset in the name of the trust. For instance,…
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What happens to my Florida real estate transaction if there is a hurricane?
If there is a hurricane or other natural disaster outside the control of the parties, the first provision of your contract to look at is the “force majeure” provision, which is French for “superior force.” A force majeure provision is a common clause in real estate contracts that refers to unforeseeable circumstances that prevent the…
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Why have a trust?
There are many reasons to have a trust, chief among them is to avoid probate and protect assets. That alone is enough to make a trust worthwhile in many situations, especially if you have a lot of assets. The following is a brief list of the reasons people choose to to have a trust: Examples…