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Real Estate Licenses Could Be At Risk After Complaints

Business Disputes In Orlando

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

Ikea Facing Class Action Litigation Over Recalled Dressers

Business Disputes In Orlando

Most companies want to provide consumers with useful products that can make their lives easier. Of course, some products may have unexpected issues that could put customers at risk of injury, and as a result, responsible companies recall those products. However, even when such measures are taken, some consumers may not feel the action is adequate, and class action litigation may result.

Florida readers may be interested in a class action lawsuit recently filed against Ikea. According to reports, the lawsuit was filed on behalf of a family who purchased an Ikea dresser that was recalled in 2016 due to the potential for tipping over and possibly causing injuries, particularly to children. The family has two children and had purchased the dresser before the recall. The family reportedly tried to return the product and receive a refund in 2018, but the company allegedly denied the refund.

The lawsuit claims that other families have faced similar denials in relation to the recalled product. The report also stated that safety groups had contacted the company and indicated that Ikea had not done an adequate job of notifying parents about the risks of the product. A representative for Ikea stated that the company had spent millions of dollars to alert consumers of the recall and to prevent tip-over accidents.

No company wants its product to cause injury or other harm to a consumer or his or her family. Still, many consumers can feel as if they have been wronged by a company for various reasons when it comes to defective or hazardous products. If Florida company owners are facing class action litigation over similar claims, they may want to ensure that they understand their legal options for defending against this type of legal action.

By : admin | May 19, 2020 | Class Action 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

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

Business Litigation Involves Anticompetition Claims Against Uber

When people start a business, they typically want to obtain success and be the best in their particular industry. While many companies do reach these goals, it is common for competitors to claim that they did so through unjust or illegal means. In some cases, successful companies could face business litigation over claims of unfair competition.

A case in another state involving Uber Technologies may be of interest to Florida readers. According to reports, Uber is facing claims from a former ride-share company that has gone out of business. Sidecar Technologies began in 2011 and carried out ride-share services, similar to those of Uber. However, the company claims that Uber used predatory pricing practices that made it impossible for Sidecar to continue its business.

Apparently, Sidecar claims that Uber offered lower prices to customers and higher pay to drivers but that the company planned to raise prices and reduce driver pay after the competition was reduced. Sidecar believes that this was an anticompetition practice and that it contributed to the company having to close its doors. It was noted that a previous lawsuit filed by Sidecar regarding Uber’s actions was dismissed, but this more recent claim has been allowed to move forward.

It is not unusual for successful businesses to face legal claims. As this case shows, companies may need to defend their actions against those who claim that they acted unfairly. If Florida companies are facing claims of unfair competition or other similar allegations, they may want to go over their available legal options for effectively handling such business litigation.

By : admin | May 7, 2020 | Business Litigation

Accused Of Discriminatory Hiring Practices?

Business Disputes In Orlando

The hiring process can be intimidating for many employers, especially since you are dealing with many regulations related to fairness and discrimination. While it is important to screen applicants and learn as much as you can about them to find the one who is best for the job, it is also critical that you not violate the applicants’ rights under the Americans with Disabilities Act. In some cases, the wording of a single question can make all the difference.

If you have recently interviewed candidates for open positions in your company, you may agree that the process was stressful, especially if any of your candidates had visible disabilities. Understanding the limitations the ADA places on you can help you avoid discriminatory practices during the hiring process.

Watch what you say

The ADA covers every aspect of employment, from recruiting and advertising open positions, through the selection and interview process, and including hiring and training. Because of ADA, those with disabilities should feel confident that their impairments will not affect an employer’s decision to hire, train, promote, provide benefits for or terminate them. The underlying foundation of the law is to provide those with disabilities a fair opportunity to compete for jobs for which they are qualified. Therefore, the following are key during the interview process:

  • You may not ask questions about an applicant’s disability.
  • You may not inquire whether someone’s physical condition will prevent him or her from accomplishing the essential tasks of the job.
  • Your interview questions should focus more on the applicant’s strengths and abilities than on his or her weaknesses.
  • Any interview questions you ask of a candidate with a disability you must consistently ask of every candidate you interview.
  • Questions about an applicant’s mental health, treatment for addiction, physical conditions or time lost at previous jobs because of illness are off limits.
  • You do not need to discuss accommodations with an applicant unless you observe a disabling condition or the candidate tells you about a disability.
  • You do not have to hire someone just because he or she has a disability if another candidate is more qualified.

The purpose of the hiring process is to find an employee who will be a benefit to your company whether the person has a disability or not. However, if you are now facing accusations of discrimination because you did not hire someone with a disability, you probably already know you are in a delicate situation. You would be wise to seek legal advice from a Florida attorney who has experience defending employers against accusations of discriminatory hiring practices.

By : admin | May 5, 2020 | Business Litigation