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Real Estate Licenses Could Be At Risk After Complaints

Construction Litigation Threatened Over Endangered Species

An Appeal Could Mean Hope After An Unfavorable Ruling

Construction Litigation Results After Nonpayment

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Real Estate Licenses Could Be At Risk After Complaints

Florida real estate broker commission dispute between agents in office

Many professionals need licenses before they can work in their chosen field. As a real estate agent, you had to obtain a license before you could start helping individuals buy or sell property. You may love your job, but you also know that, without your license, you would not be able to continue in this industry.

Because you want to continue in your chosen profession, you do not want to put your license at risk. Unfortunately, someone who believes that you did not act professionally could file a complaint and leave you facing administrative proceedings in front of the Florida Department of Business and Professional Regulation.

Why would someone complain?

Often, complaints against real estate agents result when a client loses trust in his or her agent. The client may feel that you did not act appropriately or did not handle a transaction well, and as a result, you have landed in a difficult predicament. If any of the following examples apply to your ordeal, you may understandably worry about your real estate license:

  • Misappropriating funds: Real estate agents handle clients’ money in various ways, such as keeping earnest money until closing, and if a client suspects that an agent took the funds for personal use or otherwise misused it, a serious complaint could result.
  • Not telling the truth: Some real estate agents may bend the truth or try to gloss over information in certain circumstances in efforts to make a deal, but lying about any information could result in serious claims against you and the potential for an administrative hearing.
  • Getting arrested: If authorities take you into custody, even for a crime unrelated to your real estate business, and you face a conviction, the state could suspend or revoke your real estate license.

If someone files a complaint regarding your actions, it could catch you completely by surprise. After all, you do your best to maintain integrity in your business practices and do not want to put your license in jeopardy. Unfortunately, panic may set in if you end up facing an administrative hearing. As a result, you may want to contact an attorney who can help you understand your available options for handling this type of ordeal. When your livelihood is on the line, you do not want to take any chances.

By : admin | May 29, 2020 | Real Estate Litigation

Construction Litigation Threatened Over Endangered Species

Orlando Contract Disputes

Commercial real estate developers in Florida and elsewhere can sometimes find themselves in a difficult position when residents of an area oppose construction. Though the developer may try to continue with the project as intended, some parties may try to take action in hopes of delaying or stopping a project altogether. Often, this type of scenario leads to construction litigation.

Threats of a lawsuit have recently occurred in another state over the construction of a Dollar General store. Reports stated that members of the community believe that the developer, the state’s Department of Environmental Quality and the county have disregarded federal law that protects an endangered species in the area. Apparently, the construction could harm the population of Appalachian Elktoe mussels.

Approximately 50 protesters lined the roadway in front of the construction site to express their displeasure. The report indicated that the opponents have hired an attorney to file a letter of intent to sue over the matter. Construction can continue until an official lawsuit is filed, and all parties have two months to respond to the letter of intent, during which time construction could be completed.

Threats of construction litigation can certainly be troublesome to developers. However, it is a possibility that many in the construction industry face. In the event that Florida construction company owners and developers do have to contend with this type of ordeal, they will certainly want to understand their legal options. Speaking with experienced attorneys about responding to a letter of intent to sue and what litigation could entail may prove helpful to concerned parties.

By : admin | May 26, 2020 | Construction Litigation

An Appeal Could Mean Hope After An Unfavorable Ruling

Fort Lauderdale Real Estate Litigation Attorney

Running a business is not an easy job. In fact, it likely often feels as if you actually have numerous jobs as you try to keep everything on track. Unfortunately, even your best efforts may not satisfy everyone, and your company may have recently faced a lawsuit. Whether the suit came as a shock or as something you anticipated due to a disagreement or other issue, it was still difficult for your company.

You likely approached the case with your defense strategies in mind and with your legal counsel close at hand. Unfortunately, the jury did not rule in your favor. Immediately after hearing such news, you may have felt that you suffered a tremendous blow. However, you may have the opportunity to appeal the decision.

How is an appeal different?

An appeal differs from a trial in a number of ways. First, your legal counsel likely presented your defense in the courtroom in front of a jury, and the court likely called in witnesses and showed evidence. The jury considered the evidence presented from both sides as well as testimonies given, and in the end, the outcome was not favorable for your company.

When it comes to an appeal, your legal counsel does not call witnesses or present new evidence, and no jury plays a part in an appeal. Instead, the court accepts the information that the trial uncovered, unless certain information is heavily unsupported by the evidence. Additionally, a jury trial consists of one judge presiding over the proceedings. With an appeal, three to dozens of judges could play a role in the appeal at once.

How does an appeal work?

You may understandably wonder how an appeal could help you reach a better outcome if new evidence does not play a part. Rather than focusing on the details of the case, the appeal focuses on the application of the law in regard to the case. Your legal counsel will argue why one did not apply the law correctly, and the opposition will have the opportunity to argue why the initial outcome fit the situation. Typically, each side presents this information in written briefs, but short oral arguments do take place.

Going through the appeals process can certainly seem confusing, and a lot of the proceedings may feel out of your hands. As a result, it is important to have trusted and experienced legal counsel at your side. Your attorney can answer any questions you have and go over the ways an appeal could work for you and your Florida business.

By : admin | May 14, 2020 | Appeals

Construction Litigation Results After Nonpayment

Builder and attorney discussing a construction contract dispute on a job site

With any business, it is important to get paid. Business owners and operators need the funds provided by clients and customers in order to keep their doors open. As a result, when a construction company does not receive payment for services, it can cause major hindrances. In some cases, it may be necessary to move forward with construction litigation if a client does not pay.

Florida readers may be interested in such a case currently underway in another area. According to reports, a construction company has filed suit against a university after completing a housing project for the university. Though the company was a subcontractor involved in the project, it desired direct contact with the university and other parties involved in the project.

The company completed the changes to the doors, windows and cabinets as requested and sent an invoice to the university for $542,684. The report did not mention when the company completed its portion of the project, but it had not yet received payment for those services or the retainage funds. As a result, the company has filed suit against the university, which did not provide a comment for the report.

It can be frustrating for companies to have to essentially hunt down payment for projects that they complete. As this case shows, that hunting may not always go well, and it can take additional action to work toward obtaining funds owed to the company. Construction litigation may be necessary if Florida companies are facing issues of nonpayment for completed projects or other services, and understanding their legal options may be vital to such scenarios.

By : admin | May 11, 2020 | Construction Litigation
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