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If you believe your property is at risk from adverse possession, or if you’re making an adverse possession property claim, arrange to discuss the matter at once with an Orlando adverse possession attorney.

What is adverse possession? The proper legal description is that, it’s a legal concept that allows someone to gain title over a property owner’s land and become the owner. It means that a neighbor, or even a stranger, can squat on your property and develop a legal ownership claim.

How does adverse possession work in Florida? What should property owners know, and how can they avoid losing property to adverse possession? What should you know if you are making a claim to property under adverse possession? Keep reading for the answers to these questions.

How Does Adverse Possession Work?

Adverse possession can happen unintentionally or intentionally. When it’s intentional, a squatter or trespasser – a person occupying someone else’s land, illegally at first – does so to reside on the land or to take possession of it.

Other cases are unintentional. For instance, if a homeowner builds a fence that unintentionally encroaches on a neighbor’s property line, after a time, the homeowner may be able to claim adverse possession of the encroached land on his or her property.

A claimant who prevails with this claim is not required by Florida law to compensate the original owner for the property.

How Does Someone Prove An Adverse Possession Claim?

According to Florida statutes, whoever holds the legal title to land is assumed to be its owner until an adverse possession claimant can prove that a court should grant the title of the land to that claimant.

Standard adverse possession in this state is called “without color of title.” Claiming adverse possession must require a claimant’s possession of the property to be:

1. hostile (there is no easement, lease, or rent agreement)

2. actual (in practical control of the land)

3. exclusive (only the claimant controls the land and claims it)

4. openly visible and notorious (using the land openly, without hiding the occupancy)

5. continuous for the statutory period (in Florida, seven years)

Additionally, the land has been maintained, cultivated, improved, or protected by a substantial enclosure. For adverse possession without color, the claimant also must have paid any outstanding special improvement liens and outstanding taxes on the land within a year of assuming possession of same property.

What Else Should A Property Owner Know About Adverse Possession?

Florida law gives property owners extensive protection against someone claiming adverse possession. The requirements for succeeding with an adverse possession claim in this state are almost impossible for a claimant to meet.

If you find someone is encroaching on your property in central Florida, it’s probably a mistake. Politely asking that person to leave is the first step. (Alternately, you could offer to rent the land and ask that person to sign a lease). If that fails, put your demand to leave the property in writing.

If that fails, ask an Orlando adverse possession attorney to seek help from the courts with legal action on your behalf. You may need to bring a lawsuit to remove the person, or you may need to obtain a court order to remove a structure off your property.

If you’re a real property owner dealing with the possibility of adverse possession, or if you want to make a claim, speak first with Florida real estate attorneys from our law firm. You can reach our offices in Orlando by calling 407-426-7222.

Selling your home without a real estate agent can save you considerable cash, but if it isn’t done correctly, a mistake could cost you. If you sell your home without an agent in central Florida, have the pertinent documents drafted or reviewed by an Orlando real estate lawyer.

When you sell your home or any other real estate in Florida, the paperwork is extensive. A Florida real estate attorney can review all of the legal documents, ensure compliance with the law, and answer all of your questions and concerns about the real estate transaction process.

Your real estate attorney will know exactly which phrases and terms in a sales contract or another real estate document may need to be revised to meet your needs or to achieve compliance. If you sell without an agent, you must be advised by a real estate attorney.

Why Hire an Attorney?

An astute real estate lawyer can make the difference between a successful residential real estate transaction and an expensive mistake. Your real estate attorney works for you – not for a commission.

An Orlando real estate lawyer will provide you with reliable legal advice, useful insights, and quality legal services that you will need for a successful residential property sale.

They can also protect your long-term best interests, review every pertinent document to ensure full compliance with the law, and ensure that you are treated right at every stage of the transaction process.

What Other Services Does an Attorney Provide?

Real estate closings are complicated. Without sound legal advice, you could expose yourself to financial risk. An Orlando real estate lawyer will ascertain the risks for you – as well as the opportunities.

Florida requires anyone selling a home to disclose any significant property defects that may not be easily visible to the buyer. Sellers may use the “Seller’s Property Disclosure Form” provided by the Florida Association of Realtors, and an Orlando real estate lawyer will help you prepare that form.

Mandatory disclosure protects homebuyers, and Florida courts impose stiff penalties for fraud and misrepresentation. If you sell your home without an agent, ask an Orlando real estate lawyer to explain how Florida’s mandatory disclosure requirement will impact the transaction.

What Else Should You Know About Selling Your Home Without an Agent?

Our law firm maintains the highest professional standards; provides quality legal services to our clients at reasonable rates; and works with all parties involved to bring the sale of your home to a satisfactory and successful conclusion.

We serve clients in the Orlando area and throughout central Florida. Selling a home is a major undertaking fraught with potential complications and risks, but when you put the matter in our hands, you can be assured that the transaction will be handled properly.

Before you put that “For Sale By Owner” sign in front of your home, contact our offices in Orlando by calling 407-426-7222 and obtain the legal advice and insights that you’ll need.

Should you set up a family limited liability company (LLC)? Establishing an LLC is a smart way to protect the assets of your family business.

A limited liability company is a business structure that shields the company’s owners from any personal responsibility for the company’s debts and liabilities. LLCs merge some of the advantages of corporations with some of the advantages of a partnership or sole proprietorship.

A family LLC can be set up in Florida by family members to protect family business assets against any claims made by creditors. If your family owns a business in central Florida, a family LLC may be the most practical way to protect your assets from creditors and liability claims.

A family LLC is also a useful estate planning tool for dividing and transferring family business assets. A limited liability company is a closed corporation.

How Does a Family LLC Work?

A family LLC requires one member of the family to serve as the LLC’s managing member. A family LLC’s operating agreement should specify and restrict the rights of ownership, designate the responsibility for decision-making, and spell out exactly how assets will be transferred.

How do limited liability companies differ from sole proprietorships and partnerships? A limited liability company separates the company’s assets entirely from the owners’ personal assets. It legally shields the owners from the company’s debts and liabilities.

If an LLC is sued by a creditor or goes bankrupt, the owners’ personal assets cannot be pursued. Family LLCs may be set up for business purposes, such as brokerage account management or real estate management, but family LLCs may not be used to manage personal residences.

What Does a Family LLC Require?

Effective asset protection needs to be in place before a claim or liability occurs. When a claim or liability happens, it will almost certainly be impossible to obtain asset protection after the fact.

In central Florida, setting up a family LLC requires the advice and services of an Orlando real estate planning attorney who has experience working with family businesses.

In addition to asset protection, a family LLC lets you control the assets throughout your lifetime, keeps the assets within the family, and may help to reduce the taxes that may be owed by you or by your family members while you are alive or after you’ve passed away.

Do You Need a Comprehensive Estate Plan?

For a variety of reasons, it may be smart to consider establishing a family LLC. Moreover, a family LLC may only be one part of the complete estate plan your family may need.

Speak with our law firm about establishing a family LLC or a comprehensive estate plan that will protect your assets and give your family financial security – after your death or even if you become disabled or incapacitated.

To set up a family LLC or a comprehensive estate plan, or simply to learn more, you can schedule a consultation with us by calling our Orlando law offices at 407-426-7222.

Whether you are renting an apartment in a complex or renting a house from a private owner, there are certain things you should consider before taking the plunge. Apartment complexes often offer the convenience of quick repairs, common area maintenance, and certain amenities like a pool or gym. Similarly, renting from a private homeowner often allows you to develop a more personal relationship with your landlord without many of the rules and regulations that complexes force you to abide by. Each type of rental arrangement has its advantages and disadvantages; however, regardless of which option you choose there are always things that a renter should do to protect themselves and avoid future headaches. Above all else, make sure to keep detailed records and copies of any relevant paperwork or pictures.

For convenience, the term “landlord” refers to leasing agents, private homeowners, etc.

What should I do before moving into or before vacating a rental property?

DEMAND AN IN-PERSON WALKTHROUGH FROM YOUR LANDLORD PRIOR TO AND BEFORE VACATING THE PROPERTY

Most landlords will require a walkthrough prior to moving into the property. However, many complexes will simply give you a checklist to fill out before you move in. As a tenant, you want to make sure that any damaged areas, stains, or wear and tear are brought to the attention of your landlord before you move in. Going through your rental property with a fine-toothed comb and making sure that any irregularities are clearly explained and documented can help save you the expense of having to pay for those items when you move out. If at all possible take time-stamped pictures during your walkthrough as future evidence should any dispute arise.

To that end, also request an in-person walkthrough of the property with your landlord once you have decided to move out. The paperwork you completed and the pictures you took before moving into the property can be invaluable during this time. Make sure any issues with the apartment or home that were not present when you moved in are clearly documented and photographed. As a precautionary measure, you may want to consider having your carpets professionally cleaned or hiring a cleaning service before you do the walkthrough with your landlord. Some companies even offer specific cleaning packages geared toward tenants who are either moving into or out of a rental property.

What types of things should I discuss with my landlord before moving in?

MAKE SURE YOU KNOW WHAT YOU AND THE LANDLORD ARE RESPONSIBLE FOR IN THE LEASE.

Your lease should clearly list what you are responsible for as a tenant and what the homeowner or apartment complex is responsible for as the landlord. Who is responsible for repairing appliances, changing air-conditioning filters, etc.? Who will provide for the fumigation or maintenance of the pool or yard? Are certain utilities included as part of your rent or are you required to have renters insurance? These are all things you want to consider before moving into the property. As a renter, you want to make sure that each party’s rights and responsibilities are clearly and adequately provided for in the lease. The more detailed and unambiguous the terms of a lease are, the better off both parties will be.

How can I save money when renting an apartment or home?

DON’T BE SCARED TO TRY TO NEGOTIATE YOUR MONTHLY RENT OR SECURITY DEPOSIT. SHOP AROUND IF NECESSARY.

Do not let your emotions or excitement toward a particular property get in the way of being a smart consumer. Shop around if necessary and know what similar rental properties are going for in the area. Although you may have more success with negotiating the terms of your lease with a private homeowner as opposed to a large apartment complex, there is no harm in trying. Sometimes if a landlord is not willing to budge on the amount of monthly rent, they may be willing to waive application fees or accept a smaller security deposit. Many landlords even offer a discount for paying your rent early or pre-paying a part of the rent. If comparable properties in the area rent for 100-200 dollars less per month, let your landlord know and have the facts to back it up.

What should I look for when renting an apartment or home?

DO YOUR RESEARCH.

Comparing rental fees is not the only research you need to do as a prospective tenant. Particularly, if you are moving into an unfamiliar part of town, make sure to survey the surrounding area and nearby neighborhoods. All too often renters unknowingly move into a particular area or apartment complex that is riddled with crime or drugs. Contact the local police department and see if they offer statistics or keep records of both violent and non-violent crimes in the area. The internet can also provide you with a wealth of information concerning a particular area’s propensity for crime and/or drug activity.

• The Orlando Sentinel offers a tool that shows certain crimes throughout Orlando. To access the Orlando Sentinel’s “Orlando Area Crime Map” .
• The Florida Department of Law Enforcement offers a tool that allows you to search for sexual predators within the area of a particular address. To access the FDLE’s Neighborhood Sexual Offender Search tool .

What should I look for in a residential lease?

READ YOUR LEASE AND BECOME FAMILIAR WITH IT.

The best way to protect yourself and prevent future headaches is to read your lease! This point cannot be emphasized enough. Read every page of your lease, in detail, before you sign it. Make sure that each and every term you discussed with your landlord is clearly listed regardless of whether the landlord stated it orally. Whether your landlord said that he or she will provide for the exterior maintenance of the lawn, monthly pool service, or you are responsible for those items; make sure it is in the lease. The more familiar you are with your lease, the less likely you are to be surprised in the future. Some common issues you may want to be aware of when renting an apartment or home in Orlando include:

• When does the lease start and end? What are your renewal options?
• What are the penalties for breaking the lease early or failing to pay rent on time?
• Is there a particular way of providing important notices to your landlord?
• Are you required to provide advanced notice of your intent to not renew the lease?
• What options do you have if your landlord does not make repairs?

Florida is set to enact its new PIP laws on January 1, 2013. The Florida Legislature has enacted a new PIP Statute which severely limits your right to obtain benefits under your PIP insurance. Additionally, it gives insurance companies numerous ways of not lowering their rates. In effect, this is a huge boom for the insurance industry and a gift from the Florida Legislature and Governor Rick Scott. The following are the changes to Florida’s PIP Law that will take place on January 1, 2013. But first, a quick definition of what PIP or Personal Injury Protection is in the State of Florida.

Personal Injury Protection (PIP) is a type of insurance that is required under all car insurance policies in Florida. This covers 80% of any medical bills up to $10,000.00; 60% of lost wages and also provides a $10,000.00 death benefit. Florida first enacted what is known as the PIP Statute in 1971 as a way of guarantying individuals that their medical bills, whether they are at fault for the crash or not, have a large number of their medical bills paid. In exchange for that guaranteed payment, the Legislature enacted a restriction on lawsuits that would only allow individuals to seek non-economic damages (pain and suffering) if they received a permanent injury. This Law did not and has not affected somebody’s ability to recover economic damages, which are lost wages, medical bills, and loss of support and services. When this Law was first enacted, a number of the provisions were struck down as being unconstitutional by the Florida Supreme Court, but in effect, the system has been in place since the early 1970s and until recently has worked very well and helped a tremendous amount of individuals having medical bills paid during an auto accident.

NOTE: What I am about ready to outline does not go into effect until January 1, 2013, therefore up until that date, Florida’s current Personal Injury Protection (PIP) Laws do apply.

1. Starting January 1, 2013, the initial treatment must be obtained within fourteen (14) days from the accident.
2. That “initial services” and care must be lawfully provided, supervised, ordered, or prescribed by a licensed physician, D.O. (Doctor of Osteopath), Dentist, or Chiropractic Physicians or provided in a hospital or in a facility that owns or is wholly owned by a hospital.

Follow-up treatment: PIP will only pay for follow-up services if there were an initial treatment within fourteen (14) days and the following occurs:

• the follow-up services are on the referral from an M.D., D.O., D.C and;
• the follow-up services are consistent with the underlying medical diagnosis rendered on the initial visit.

This follow-up treatment must be supervised, ordered, or prescribed by a medical doctor, chiropractor physician, doctor of osteopath, dentist, physician assistant, or ARNP (advanced registered nurse practitioner)

• if the thresholds are met, there are two (2) levels of PIP medical benefits; 1) $10,000 for an emergency medical condition and 2) $2,500.00 for treatment that is not for any initially diagnosed emergency medical condition.

The Statute defines “emergency medical condition” as: medical conditions manifesting by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention would be reasonably expected to result in any of the following:

1. Serious jeopardy to the patient health.
2. Serious impairment to bodily functions.
3. Serious dysfunction of any bodily organ or part.

Additionally, massage therapy and acupuncture are not reimbursable under the new PIP Statute.

The term “emergency” and “emergency medical condition” as it is defined in the Statute could leave enough room to allow for more than the $2,500.00 of treatment. However, this issue needs to be heavily litigated and defined and the Courts are going to have to make the final determination on that matter.

Please note: that doctors’ offices will generally take what is known as a “Letter of Protection” for any services that are not covered under PIP. Just because an item is not covered under PIP is only a way for these Laws to save the insurance companies money, and increase their profits and has nothing to do with whether the service is reasonable, necessary, and related to an injury someone received in an auto accident.

Lane splitting is riding a motorcycle between lanes or rows of slow-moving or halted traffic, all going in the same direction. If you are injured in a traffic accident caused by lane splitting, ask an Orlando car accident attorney to help you recover compensation.

Lane splitting is illegal in Florida.

Florida motorcyclists should know that if they cause a crash by lane splitting, the motorcyclist will be deemed at fault and will not be able to recover compensation from the other driver. No compensation will be available beyond what the motorcyclist’s own insurance will cover.

How Can You Avoid a Collision With a Motorcycle?

Auto, truck, and bus drivers can reduce the possibility of an accident with a motorcycle by following these safety guidelines:

• Look both ways at intersections, and always use turn signals.
• Give motorcycles adequate space. Motorcycling requires motorcyclists to watch for obstructions that automobile drivers don’t notice; trash, potholes, or objects in the road. Always leave enough space for a motorcyclist to maneuver.
• Leaving enough space includes not following motorcycles closely. Stopping distances for a motorcycle may vary with road conditions and even among different makes and models of motorcycles. Keep plenty of space in front of you.
• Watch for lane splitters. A court may find a motorcyclist at fault for lane splitting, but if an automobile driver was negligent or careless in an accident with a lane-splitting motorcyclist, a share of the liability for the accident may be assigned to that driver.
• If an Accident Happens

These tips can help, but motorcycle accidents cannot be entirely prevented. They happen every day. If you’ve suffered personal injuries in an accident that involved a motorcycle, seek medical treatment first, and then contact an Orlando motorcycle accident attorney at once.

Even if you feel perfectly healthy, have a medical exam within 24 hours of an accident. That exam will detect any latent injury you may have sustained, and it also protects you legally.

Without an immediate medical examination, it may be difficult to tie your injury directly to the accident, and the other party’s auto insurance company could claim that your injury happened elsewhere.

Under Florida’s “14-day rule,” you must have a medical exam within the first 14 days after a traffic accident, or you will be disqualified from recovering compensation for your injuries.

What Else Should You Know?

Motorcyclists have the same rights as every other driver on Florida’s streets and highways, but lane splitting is not one of those rights. It’s dangerous and against the law.

If you are injured because a motorcyclist was lane-splitting, and if you and your attorney can prove it, the law will be on your side. We can review the details of your case and help you win the monetary compensation you are entitled to by Florida law.

You may be awarded compensation for your current and future medical expenses, your current and projected future lost wages, personal pain and suffering, and related damages.

To learn more, or to begin the legal process, you can contact our offices in Orlando by calling 407-426-7222. You will pay no attorney’s fee until and unless we recover compensation on your behalf.

If you are injured by a negligent driver in a central Florida car accident, as soon as you have been treated by a healthcare provider, arrange to discuss your legal rights and options with a top-rated law firm for auto accident claims in Orlando.

It isn’t difficult to be injured in a Florida car accident. In 2021, more than 400,000 traffic accidents were reported in Florida, resulting in more than 250,000 reported injuries. Those numbers include more than 3,700 fatalities.

Those were reported accidents, but what can happen if you don’t report a car accident in Florida? If you keep reading, you’ll learn the answer to that question, and you’ll learn more about your rights if you’ve been injured by a negligent motorist.

What Does the Law Require?

Florida requires drivers to report accidents if anyone has been injured or killed. Additionally, if the property damage appears to exceed $500 worth of damage, the accident must be reported. The law requires the report to be made immediately or as quickly as possible.

You probably know that even minor bodywork can cost more than $500, and most car crashes easily exceed the $500 legal threshold.

If the police conduct an investigation at the scene of the accident, a driver is not required to file a written accident report, but if no investigation was conducted, a driver has ten days to submit a written report to the Florida Department of Highway Safety and Motor Vehicles.

In Florida, the failure to report an accident that you are required to report is considered a non-moving traffic infraction rather than a crime, and the penalty is a $30 fine.

When Should You Report an Accident to Your Auto Insurance Company?

Most auto insurance policies require drivers to notify the company as soon as possible after an accident happens. A failure to inform your auto insurance company about an accident could trigger a denial of your property damage or injury claim or even the cancellation of your policy.

You are not obligated to speak with the other motorist’s insurance company or to inform that company of the accident. If you’ve been injured, refer all of that company’s inquiries to your Orlando personal injury attorney, who will do all of the talking and negotiating on your behalf.

What Constitutes Leaving the Scene of an Accident?

Don’t leave the scene of an accident until a police officer dismisses you. Even if no one has been injured, leaving the scene of an accident that involves property damage is a misdemeanor in Florida that may be penalized upon conviction with a jail term and a fine.

If you leave the scene of an accident that resulted in an injury or a fatality, it’s a serious offense – a felony that can send you to prison if you are convicted.

What Else Should You Know?

Report every accident. Never leave the scene. If you’ve been injured because the other driver was negligent, you are entitled by Florida law to compensation for your medical expenses, lost wages, personal pain and suffering, and related damages and losses.

If you’ve been injured by a negligent driver, as soon as you’ve received medical treatment, call a dedicated Orlando auto collision law attorney at 407-426-7222. As a victim of negligence, compensation is your right. We will fight for the compensation – and for the justice – you need and deserve.

After a person passes away in Florida, probate begins. The probate process must be considered when you plan your estate. Our law firm has considerable experience with the probate courts in central Florida.

If your loved ones need legal assistance with the probate process after your death, an Orlando probate attorney knows how to resolve the most complicated probate disputes. We will make sure that the process is conducted as fairly and as smoothly as possible.

What is probate? Can its cost be reduced, or can probate be entirely avoided? What else should you know about probate in Florida? If you keep reading, these questions will be answered below.

What Happens in the Probate Process?

During probate, a probate court inventories and evaluates the assets and properties in a decedent’s estate, sees that the estate’s taxes and debts are paid, and distributes the remainder of the estate to the parties named as heirs in the decedent’s will.

If you can, you should make sure that your estate will not be subject to probate for at least two reasons. The probate process takes months and, in some cases, longer than a year, and probate is expensive. The legal costs can substantially reduce the value of your estate.

That’s why probate must be considered in the estate planning process, and it’s also one of the reasons why you should seek estate planning guidance from an estate planning attorney who has substantial experience in Florida’s probate courts.

How Should You Choose an Estate Planning Attorney?

Probate is exceedingly complicated in Florida. When someone’s probatable estate is evaluated at $75,000 or less, or if the decedent’s death was two or more years ago, the estate is subject to “summary” administration. Other Florida estates go through “formal” probate administration.

Probate is even more confusing if you own assets in other states. For instance, if you reside and pass away in Ohio but you were the owner of an Orlando condominium, the condominium will be subject to probate in Florida, while the remainder of the estate will be probated in Ohio.

Consulting an Orlando probate attorney will help your estate’s executor – when the time comes – avoid the probate costs and delays that reduce what your loved ones inherit. By preparing your estate plan properly, you can lower the cost of the probate process – or avoid it entirely.

Can Probate Be Avoided?

Probate can be avoided by establishing a living trust. Assets and properties that you move into a living trust legally belong to the trust and are no longer part of your probatable estate. A trustee you’ve named – and not a probate court – will manage and close out your estate.

An Orlando probate attorney will discuss your estate planning needs, review your circumstances, and prepare a living trust that will protect your estate – and your loved ones – from the costs and other difficulties of the Florida probate process.

To learn more about the probate process or to prepare a living trust, you can reach our offices in Orlando by calling 407-426-7222. We can’t know what tomorrow will bring, so you should make the call today.

When you work with a real estate agent to sell a property, the agent prepares a purchase agreement, but if you sell your property on your own (For Sale By Owner or “FSBO”), ask an Orlando real estate lawyer to prepare an FSBO purchase agreement on your behalf.

An FSBO agreement is a legally binding document used in the sale of For Sale By Owner properties. In a For Sale By Owner transaction, this document is usually provided by the seller, who may reach out to a real estate attorney for help with preparing the agreement.

What Should FSBO Agreements Include?

Because it is an enforceable legal document, an FSBO agreement should include provisions that protect your rights. If an FSBO agreement is not clearly and properly written, the entire real estate transaction could fall through, and you could lose a considerable sum of money or both.

An FSBO agreement in the State of Florida must provide a great deal of precise and accurate information, including:

1. your name and the buyer’s name
2. the property’s address
3. the property’s sale price
4. the property’s description
5. a list of every item included in the sale, such as kitchen appliances
6. how the buyer will pay
7. property tax details
8. closing cost amounts
9. conditions and terms for the transaction
10. how a default will be handled
11. the responsibilities of the seller and buyer

An FSBO agreement can be quite detailed and lengthy, and it must be accurate. Do not even consider using a “do-it-yourself” kit. As mentioned previously, any mistakes in an FSBO agreement could cost you dearly. Have the FSBO agreement prepared by a real estate lawyer.

When Is an FSBO Agreement Legally Binding?

Even when it has not been notarized, an FSBO agreement may be considered legally binding – and difficult to back away from – after the seller and buyer have both signed the document.

Take your time considering an FSBO agreement, and go over every detail of the agreement with an attorney. You need to understand clearly any legal obligation or responsibility that an FSBO agreement places on you.

What Else Should You Know About FSBO Agreements?

If you sell your home without a real estate agent (to avoid paying the commission), you can’t jeopardize your best long-term interests to achieve a short-term gain. Real estate transactions require familiarity with contract law, Florida real estate law, and the actual transaction process.

Our firm provides quality legal advice and services at an affordable rate to our Orlando-area clients. We will work both with you and with your home’s buyer to bring the sale of your central Florida home to a satisfying conclusion.

Selling a home FSBO can be risky and complicated, but if an Orlando attorney handles the sale, you can be assured that it will be handled properly. If you are selling your home FSBO in the Orlando area, contact us as quickly as possible by calling 407-426-7222.

If you are seeking to purchase a home in central Florida – and especially if you may be interested in buying a home that is “For Sale By Owner” – you should retain the advice and services of an Orlando real estate attorney.

Some real estate agents in Florida will work with for sale by owner (FSBO) home buyers, but if you are the buyer, you should also have guidance and insights from a lawyer who will give you sound, reliable legal advice regarding your prospective FSBO purchase.

What Should a Buyer-Broker Contract Include?

If you work with a real estate agent, you must have a buyer-broker contract that spells out the details of your arrangement, including the fees you will pay the agent for handling an FSBO purchase. Your real estate attorney should review a buyer-broker contract before you sign it.

You may think that FSBO transactions are simpler, but they’re not, and some real estate agents in Florida will not handle FSBO properties. If the purchase of an FSBO property is an alternative you want to retain, ask your real estate agent directly if he or she handles FSBO transactions.

Why Should You Have an Attorney’s Help?

Buying a home is complicated, and FSBO transactions entail even more complexities. You may not find a real estate agent willing to handle an FSBO transaction, and you may be dealing with an owner/seller who is not a real estate professional and may have no real estate training.

These additional complications mean that even more will be riding on the pertinent legal documents, which must be both accurate and compliant with the law. An Orlando real estate attorney can:

• protect your best long-term interests
• review and, if necessary, negotiate the sales contract
• accompany you to the closing
• ensure a clear title transfer
• handle any other legal matters that may emerge in an FSBO purchase

The purchase of a home may be the single largest purchase or investment a person ever makes. With so much at stake, you cannot overlook any details or make any mistakes, especially if you are purchasing an FSBO home in central Florida.

What Else Should You Know About FSBO Purchases?

An Orlando real estate attorney will explain your options as a home buyer, prepare or review the necessary legal documents, anticipate potential difficulties, and give you honest legal advice throughout the transaction process.

Our team works with prospective homebuyers who are seeking to purchase residences in the Orlando area and throughout central Florida. Whether or not your real estate agent handles FSBO transactions, we will work on your behalf.

Our law firm maintains the highest ethical standards; offers quality legal services to clients at affordable rates, and works with both the buyer and the seller to bring the purchase of your central Florida home to a successful conclusion.

Purchasing an FSBO home is complicated and risky, but if an Orlando real estate attorney from our law firm is handling your purchase, you can know the transaction is being handled properly. If you are buying a home in central Florida, you can reach our law offices by calling 407-426-7222.

If you or your company in central Florida has been injured or has suffered losses – or if another party accuses you of causing injury or losses – you should be advised and represented by an Orlando personal injury attorney.

“Tort law liability” is the liability a party faces for causing damage or injury either negligently or intentionally. A “tortfeasor” is the party deemed liable for a civil offense that injures another party. Specifically, a tortfeasor is the party that has inflicted an injury or loss on another party.

If a tortfeasor is found liable in a civil court, the tortfeasor (called the “defendant”) must compensate the wronged or injured party (called the “plaintiff”) for losses and damages.

The civil offenses a tortfeasor may have committed include but are not limited to fraud, trespassing, negligence, and emotional harm. Corporations, for instance, may be deemed liable for manufacturing and selling defective or faulty products that harm the users.

What Can an Injured Party Recover?

As you would imagine, the amount that a plaintiff can recover from a tortfeasor depends on the type and extent of the injury or damage the plaintiff suffered. Personal injuries may require a tortfeasor to compensate a defendant for:

• current and projected future medical expenses
• current and projected future lost wages
• personal pain and suffering
• all related losses and damages arising from the personal injury

When the tortfeasor is a business deemed liable for harassment or discrimination, the tortfeasor may be ordered to compensate the defendant for lost wages, emotional pain and suffering, legal fees, and even for treatment and psychological counseling.

What Can an Injured Business Recover?

When a business is “injured” or suffers losses, a tortfeasor may be ordered to compensate the business for lost earnings and lost earnings opportunities. Lawsuits brought by a business against a tortfeasor may be triggered by contract disputes or intellectual property disputes, for example.

When a tortfeasor acted intentionally and/or egregiously in a personal injury case or any other civil case, a court may also order the payment of punitive damages to the defendant.

When Should You Contact a Civil Liability Lawyer?

A civil liability lawyer handles almost any type of case that is based on one party’s non-criminal complaint against another party. Civil cases include personal injury, product liability, premises liability, wrongful death, and medical malpractice cases.

But civil liability lawyers also handle contract disputes, discrimination and harassment cases, wage and hour lawsuits, intellectual property claims, and most business, real estate, and insurance disputes.

You would need a civil liability lawyer, for example, if your business is damaged in a hurricane and your insurance company rejects your damage claim or if another company is using your company’s trademark without authorization. If you are not sure whether or not you have a civil liability claim, ask an Orlando civil liability attorney.

When Should I Contact a Lawyer?

With years of legal experience in central Florida, our team represents clients in virtually every type of civil liability case. We have an impressive record of success on behalf of our clients, and we have established a reputation for legal excellence.

To learn more, or to begin the legal process in your own case, contact our law offices in Orlando by calling 407-426-7222.

You shouldn’t think that estate planning is exclusively for the elderly or the affluent. If you have a home or a business, or if you provide for your family in central Florida, speak promptly with an Orlando estate planning lawyer about establishing a will or a trust.

There is no one-size-fits-all estate planning strategy. No trust, will, or plan will be appropriate for every person in Florida. The specifics of your own estate plan will depend on your assets and properties, your business, your family, and your overall financial situation.

For many Floridians, a trust provides substantial, practical advantages. Others may gain no real benefit from a trust. Instead, those persons should prepare a will for their loved ones. How do trusts and wills differ? What’s best for you and your family? Keep reading for some answers.

What Is Probate?

Trusts are not subject to probate. Wills, however, are subject to this expensive and lengthy process. Probate is a judicial process, and the details of a will become available to the public. Trusts protect your privacy.

The probate process inventories and evaluates an estate’s properties and assets, pays the estate’s outstanding taxes and debts, and transfers what remains of the properties and assets to the decedent’s heirs based on the instructions in the will.

Probate entails paying an executor’s fee, an attorney’s fee, an appraiser’s fee, court costs, and sometimes other expenses. However, it’s not difficult to avoid probate in Florida. You can avoid probate by preparing a trust with the help of an Orlando estate planning lawyer.

How Do Trusts and Wills Work?

In some ways they’re alike, but in other ways, wills and trusts are quite different documents. A living trust, for instance, can be used to manage and distribute your property and assets not only after you’ve passed away but also while you’re alive – and as soon as you put it into effect.

The property you transfer into a trust legally belongs to the trust and no longer is a part of your estate. After you’re gone, a trustee you have named – and not a probate court – can easily and quickly pay your debts and taxes, transfer what remains to your designated heirs, and close your estate.

What’s best for you? You may decide to own your assets in your name and distribute the assets with your will, or a trust can own the assets, and the trust document will govern their distribution.

Let Us Advise You

Wills usually cost less to prepare than trusts, but after you sign either type of document, it should be periodically reviewed and updated. Estate planning requires serious time and consideration.

A will or a trust that is drafted in haste could cause a long, noisy, and bitter legal dispute after your death. No one wants that.

Our law firm offers practical guidance and valuable estate planning insights. You might not know about some of the estate planning options available to you, but our team will clearly explain all of your options and alternatives.

We cannot know what tomorrow may bring, but you can plan wisely, beginning today. To learn more about wills and trusts or to prepare either of these documents, contact us in Orlando by calling 407-426-7222.

A “zombie” title is the result of a bank not completing a foreclosure. A zombie title leaves a homeowner “in limbo” and may cause a number of financial difficulties. If you are dealing with a zombie title in central Florida, take your concerns to an Orlando real estate attorney.

If you are struggling with debts in this state – and almost everyone is – you may have trouble making a regular monthly mortgage payment, and you may be forced into foreclosure or bankruptcy. In this situation, you should know about zombie titles and the risks they may pose.

What is a zombie title, and what steps should you take if you are dealing with a zombie title? If you keep reading, you will learn the answers to these questions below.

What Is a Zombie Title?

When homeowners are notified of imminent foreclosure, the response of some homeowners is to move out. But if the bank subsequently dismisses the foreclosure, the lender does not take over the title, and the title remains in the homeowner’s name.

These titles are called zombie titles. Frequently, a homeowner is unaware that he or she still holds the title to the home. After initiating a foreclosure, a bank may choose not to continue pursuing the foreclosure.

Banks must inform homeowners when a foreclosure begins, but a bank isn’t obligated to notify a homeowner if it chooses not to continue pursuing a foreclosure. Even if you’ve left your home after foreclosure begins, you should stay apprised of the status of the title to the home.

Who Is Liable for the Property Taxes?

The owner of a zombie title home remains liable for the property taxes on the home. A failure to pay those property taxes may trigger a wage garnishment or some other legal action. If a home is abandoned, it could fall into disrepair, or squatters could take advantage of the property.

If local housing codes are violated as a result of abandoning a home, the homeowner may be held liable. Combined, all of these possibilities may trigger substantial fines and costs for homeowners who are already struggling financially.

These costs will affect a homeowner’s credit and could even force the homeowner into bankruptcy. Before that happens, schedule a consultation with an Orlando real estate attorney. If you’re like many homeowners dealing with zombie titles, we can help you.

What Other Problems Can Zombie Titles Cause?

When a bank begins but does not complete a foreclosure, the homeowner could take some serious financial hits – thousands of dollars in some cases – for property taxes, clean-up fees, personal injury liability, and fines from municipalities or homeowners’ associations.

When does a property owner learn about this? A homeowner may not realize that he or she owns a zombie title property until someone wants to be paid and a lawsuit is filed, or wage garnishment is imposed.

If you’re a central Florida homeowner and you’ve been notified of a foreclosure, call a real estate attorney as quickly as possible at 407-426-7222. We can help you deal with foreclosure and ensure that the title to your home does not become a zombie title.

Picking the Correct Procedure for Possession of Real Property

There are many differences between evictions and ejectments in Florida; however, for the purposes of this article I will stick to the main differences. An eviction is a lawsuit where you are asking the court for possession of a rental property. Evictions are governed by Chapter 83 of the Florida Statutes. In order for the court to have jurisdiction over an eviction, there must be a landlord-tenant relationship between the Plaintiff/Landlord and Defendant/Tenant. That usually means that there must be an agreement, oral or written, where one party provides a place to live and in return the other party will pay them rent. This seems pretty simple; however, many people make the mistake of filing an eviction when there was no agreement for rent. That results in a waste of time and money because the judge will have no choice but to dismiss the lawsuit. Sometimes, you may even be ordered to pay the defendant’s attorney’s fees.

When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction.

Unless you have a written lease agreement signed by your tenants, it is a good idea to speak with an attorney to determine which procedure is best. At the Morey Law Firm, P.A., we can help you make this determination. If you live in Orlando or the surrounding area, call to set up your consultation today!

The Tax Consequences of A Short Sale in Florida

Did you know that if a Lender writes off debt in a short sale it’s considered a “taxable event?” The lender tells the IRS about the transaction by submitting a “Cancellation of Debt, Form 1099-C” at the end of the year. The IRS generally considers forgiven debt to be income. For example, if the seller owes $400,000.00 on his/her mortgage and the lender approves a short sale at $200,000.00, the IRS generally considers that $200,000.00 taxable income.

The good news is that the Mortgage Debt Relief Act of 2007 (“the Act”) generally allows for sellers to exclude this income if they are selling their homestead or primary residence. That means that you will not have any tax liability on the 1099 that the lender files. Of course, if you are selling an investment property, the Act will not save you from that tax liability.

The bad news is that the Act is set to expire at the end of this year. Unless the government passes a Bill to extend the Act, homeowners will be faced with a very tough decision on who they will want to owe a debt to. It would be difficult to advise any client to short sale their homestead, thereby, owing a large tax liability to the United States government. The tax liability can be significant. On a debt of $150,000.00, a seller in the twenty-five percent (25%) tax bracket could end up owing $37,500.00 in income taxes. In choosing the lesser of two evils, I would advise them to pick the bank almost every time. However, since every situation is unique, it would be wise to speak with your CPA before making any decisions. Sometimes the 1099 will not carry a heavy tax burden for them, after accounting for the amount of losses incurred for that tax year.

Before making any decision in a mortgage foreclosure, the owners should speak with a qualified attorney to determine their rights and their best course of action. At the Morey Law Firm, P.A. our real estate and foreclosure attorneys can help you make that determination. Call us today for a consultation!

All too frequently, rental homes and condominiums throughout Orlando go into foreclosure while tenants are still living in the property. Almost every day our firm is contacted by either a tenant or a landlord regarding issues that result from their rental property being in foreclosure. The Orlando Sentinel has picked up on this frequent problem and has published an interesting article on the issue: Click Here 

Remember that every situation is different. If you are experiencing a legal issue with a landlord or tenant where the rental property is in foreclosure, you should speak with an attorney who has experience dealing with these types of situations. The attorneys at Morey Law Firm, P.A. have a great deal of experience in not only foreclosures, but landlord-tenant relations. We can help you determine your rights and options. Contact us today to set up a consultation!

Florida-friendly landscaping and the Unfriendly Homeowner’s Association

 The Florida legislature passed a law in the early 2000s and in 2009 with the goal of encouraging homeowners and community associations to cultivate landscapes that don’t require pampering with sprinklers and chemicals. These lawns are referred to as “Florida-friendly” lawns or landscaping.

Florida-friendly landscaping is defined by Florida law as: quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plants in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of storm-water runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance.

St. Augustine grass is usually the grass of choice for most homeowners associations and is usually a requirement. As most homeowners are aware of, St. Augustine grass is very hard to maintain and it requires a lot of watering. Many homeowners will or have received notices from their association that they need to maintain their repair the condition of their St. Augustine grass or they will be fined by the association. If those fines are not paid, the association can foreclosure on the home and have it sold at a public auction. Because of this, many homeowners are deciding to remove the St. Augustine grass and replace it with Florida-friendly landscaping. The problem is that many associations require that each home have St. Augustine grass only. Florida lawmakers understand that and have provided some helpful language in these Florida-friendly laws such as, “deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land.”     

So it seems clear. Even if the association prohibits anything other than a St. Augustine lawn, they cannot enforce that restriction. Some associations are either ignorant about the law or are happy to disregard it. Homeowners’ associations throughout Florida are still filing lawsuits asking the courts to force homeowners to remove the Florida-friendly landscaping and replace it with St. Augustine grass. I am involved in litigation right now of this very issue. I represent a homeowner being sued by the association over the homeowner’s installation of Florida-friendly landscaping. This is not the only case though. There are other homeowners in Florida who are also being sued by their association on this same issue. The Orlando Sentinel has pickup on this problem and has published an article regarding litigation between a Florida homeowner and their association: Click Here

 If you are having problems with your homeowner’s association because of your choice of landscaping, we can help. At the Morey Law Firm, P.A., we can help you determine your legal rights and defend you in a lawsuit if necessary. If you live in Orlando or the surrounding area, call us today to set up your consultation!

This is a commonly asked question. The first place you should look is your lease. A good lease should spell out the landlord’s obligations to the tenant. You should also look at Section 83.51 of the Florida Statutes. Here is a link: Click Here

If the landlord is in violation of the lease or Section 83.51, you will need to serve him with a 7-day notice before you can withhold rent, or if the condition is so bad, terminate the lease. See Section 83.56 for information about the 7-day notice. Click Here

You should speak with an attorney to determine your legal rights and draft a proper 7-day notice to the landlord if necessary. Call our office today to schedule your consultation with an Orlando landlord-tenant attorney.

There is a certain notice requirement under Chapter 83 of the Florida Statutes that the landlord must follow in order to make a claim on any portion of your security deposit. If that notice is not given, the landlord forfeits his/her right to make a claim. If proper notice is given, the tenant must object to the claim within 15 days of receipt of the landlord’s claim. Sometimes, even if the landlord has no basis for making a claim or keeping a portion of a tenant’s security deposit, they still do. If this occurs, the tenant might have to sue the landlord to get the money back. If the tenant is the prevailing party in the lawsuit, they will be entitled to reimbursement of attorney’s fees and court costs spent.

At the Morey Law Firm, P.A., we can help determine your legal rights. If you live in Orlando or the surrounding area, call to set up your consultation with an Orlando landlord tenant lawyer today!

You should never have a verbal lease agreement with a tenant. It just leads to problems down the road. However, if you are in that situation, it depends on how often rent is paid. Section 83.46(2) of the Florida Statutes states:

If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.

Most tenants pay monthly, so they are considered as having a month to month tenancy. If that is the case, and the tenant is current on rent, you will need to serve the tenant with a 15 day notice under Section 83.57 of the Florida Statutes to terminate the lease. The 15 days has to be served 15 days before the next rental period (i.e. the 1st of the month). If the tenant does not move out, you can file and eviction. If the tenant has failed to pay rent, you can just serve them with a three-day notice.

It is important that the notice you provide the tenant is proper. It may seem like the notice is simple and easy to draft, but there are a lot of mistakes that a well-trained attorney can find, and could lead to your eviction getting dismissed. If that happens, you are at risk for having to pay that attorney’s fee and the tenant’s court costs.

At the Morey Law Firm, P.A., we can help determine your legal rights. We can also provide you with a great written lease agreement. If you live in Orlando or the surrounding area, call to set up your consultation today!