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What Are the Most Common Reasons for Real Estate Litigation in Florida?

Orlando Real Estate Litigation

Real estate litigation is an instrument utilized by real estate brokers and agents, property sellers and purchasers, and landlords and tenants to protect legal rights and rectify damages. Here are the most common reasons litigation is pursued in the real estate realm and what you can do to safeguard your best interests in any real estate dispute.

1. Failure to Disclose Property Defects 

Property sellers in Florida are legally required to disclose known and non-evident property defects that may affect its value. If a purchaser later learns of a previously undisclosed property defect after closing, they may bring forward legal action against the seller of the property for failure to disclose. 

These cases can be difficult to win and require experienced legal representation because you must have evidence that the property seller knew about and purposefully concealed a property defect or that the defect is significant enough that the seller should have reasonably known about it.

2. Breach of Duty 

Real estate agents and other professionals typically have a duty to their clients to act in the client’s best interests. However, unscrupulous agents may act in their own best interests in order to secure a sale. 

For example, a real estate agent may minimize significant defects that reduce the value of a property to keep the sale price from being negotiated down or the sale from falling through entirely. If the client has experienced losses or damages from the agent’s actions, a lawsuit may be warranted.

3. Breach of Contract 

A breach of contract is arguably the most common reason for real estate litigation. Contracts are crucial in the real estate realm and outline what each party involved in the transaction is responsible for and obligated to do. Failure to abide by a written and agreed upon contract can be costly for everyone involved. 

To successfully win a breach of contract case, you must be able to show evidence that you fulfilled your own contractual obligations as well as evidence that the party you are suing did not. This is particularly true when seeking damages in high net worth real estate lawsuits. 

When to Contact a Florida Real Estate Litigation Attorney 

If you’re a party to a real estate dispute, it’s important that you have adequate legal advocacy to protect your rights and best interests. Our real estate litigation team can help. Call now for your consultation at 954-767-9662 (Fort Lauderdale), 561-760-9929 (Boca Raton), or 305-842-2730 (Miami). 

By : admin | October 16, 2020 | Real Estate Litigation

Disney Facing Copyright Infringement Claim Over Movie Character

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Large companies can often face frivolous lawsuits from individuals or other companies. Claims can result for numerous reasons, ranging from employment violations to questionable business practices. It is also not unusual for business litigation to result over copyright infringement claims.

Florida readers may be interested in an infringement lawsuit that recently came against the Walt Disney Company. The claim involves a character from the company’s movie “Toy Story 4.” The character, Duke Caboom, is a toy that has a daredevil persona. The lawsuit claims that Disney used the likeness of Evel Knievel to create the character and that its unauthorized use is copyright infringement.

The suit comes from K&K Promotions, which reportedly owns the rights to images, publicity and likenesses of Evel Knievel, who was a stunt performer who passed away in 2007. Disney issued a statement indicating that the claims from K&K Promotions did not have any merit and that Disney would defend against the allegations in court. The report also noted that Pixar and other companies affiliated with Disney were named in the suit.

Copyright infringement can certainly harm a company, but it is not unusual for such claims to have frivolous intentions. Unfortunately, companies facing such allegations still have to defend against them in efforts to maintain their reputation and integrity as well as hopefully avoid unnecessary payouts. Florida companies facing frivolous lawsuits will certainly want to avoid any unnecessary difficulties that their businesses may have to face due to such claims. As a result, it is wise to go over available defense options.

By : admin | October 8, 2020 | Copyright Infringement

Running Multiple Businesses Presents Opportunity And Risk

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You may have always had the entrepreneurial spirit. From a young age, you may have had great ideas for school projects, taken the initiative to get tasks completed and even stepped into leadership roles whenever available. As you grew into an adult, you knew that you wanted to start your own business, which you did.

Now, you own multiple businesses and earn a generous income. While you still like the feeling of being in charge and having your ideas come to fruition, you know that any slip up could prove costly for any of your businesses. How can you stay on top?

Managing and delegating

You have likely already learned that you cannot oversee absolutely everything that goes on in your business ventures. This can seem a bit daunting at times because you may hold to the adage that if you want something done right you should do it yourself. However, that is not typically possible when it comes to successful business practices. Instead, you want to have a team of hand-picked individuals who can take over operations when needed.

Creating this team can take time as you will likely need to observe and find the employees or outside parties who have the drive, determination and work ethic to operate your business as you see fit. Fortunately, it can be done, and you can have a trusted team to keep your company running smoothly.

Stay updated

Of course, even if you have your trusted teams, you need to stay in the loop. As a result, it is important to have someone from each company bring you regular updates regarding operations, financial reports or even complaints. It is also wise to make in-person visits to your companies to ensure that everything is running smoothly and that you have not missed out on any important information.

Issues may arise

Running multiple businesses opens up many opportunities, but it may also open you up to a greater chance of facing legal issues. If another company claims that any of your businesses have violated the law, you will certainly want to handle that type of ordeal personally. Gaining information regarding the complaint, the laws involved and your legal options could help you maintain the integrity of your company and defend against allegations. To that end, having the help of an experienced Florida business litigation attorney could work in your favor.

By : admin | October 1, 2020 | Business Litigation