The Need Of Real Estate Lawyer Services

Real estate law is a very complicated area that not all lawyers know. Whether you are buying a house or trying to sell a piece of land, or just need to solve a problem, the assistance of an experienced lawyer is vital to ensure that your interests are being protected.

You can find a real estate closing service with comprehensive representation regarding real estate law. Some have years of experience and practical and innovative solutions and has successfully represented thousands of clients. When you hire an attorney title company, it is expected that he conducts an extensive analysis of your situation. Work together with you to know and understand your concerns and thus be able to present the options and alternatives available to you, always taking into account that your goal is to obtain a positive result for you.

real estate closing service

Some real estate lawyer services have experience managing the type of cases, including complex cases such as the following:

Commercial and residential transactions including contracts of sale/documents to complete the legal business

Residential Real Estate refers to the properties intended for people to reside in them, such as houses, flats, apartments, etc. Commercial real estate applies to buildings or land designed to generate profits from capital gain or rental income, like a store, apartment complex, office building, shopping center, etc.

It is essential to differentiate between these two types of real estate when hiring or buying, a Florida real estate attorney because the process of buying or renting these properties can be very different.  If you want to purchase a commercial property, commercial real estate attorneys can assist you to identify if you should buy or rent the property. Commercial real estate transactions can be more complicated than residential real estate transactions, which is why it is crucial to hire a commercial real estate attorney.

Problems with the title of a property

Before you purchase or try to sell any piece of property, take the necessary steps to ensure that the title is clear of any encumbrances. A real estate deal can slow to a crawl, and get derailed entirely if there are problems with title to the property. Work with an experienced real estate closing service to uncover and resolve title problems early.

Problems of use and zoning of a property

Communities enact land use and zoning restrictions to promote orderly growth and to protect the interests of existing property holders. Zoning regulations may be used, like for instance, to reduce traffic congestion, to stop in an area wherein there is a lot of people living there, or to ensure there are adequate public services for the businesses or residents in a field. Before land is improved, it must be zoned and platted. If a developer wanted to use a property for a purpose for which it was not zoned, h or she would need to seek a zoning variance.

Disputes between the owner of the property and its tenants

The owner has the right to take action to reclaim the property. These issues can be incredibly complex, and having an experienced dispute lawyer can be very beneficial.

Mortgage Foreclosure

A house is likely one of the single most substantial investments a family will make on their life. When the owner cannot continue to pay his obligation on his mortgage payments, then both the homeowner and the lender have a tremendous amount of money and property to lose. For owners, there is the possibility that their homes cannot be wholly owned. For lenders, there will be the issue of getting back the money it is being used on the property itself.  Whether you are the buyer who stands to let go of your family home to foreclosure or the lender facing the task of initiating it, the need for an experienced lawyer is critical.

A Brief Overview Of Title Insurance

For those who have had the opportunity to acquire real property, you probably have noticed that in your closing costs must have reflected one that says: “Title Insurance Policy" or “Title Insurance Premium."

title insuranceWhat a surprise, perhaps unaware that ownership or property rights to real estate may be subject to insurance to cover and compensate the owner against any risks that may arise on the title. Let"s explain a little more:

Title insurance is NOT insurance covering risks relating to the structure of the property. No cover walls, ceilings, fire damage, hurricanes or anything that has to do with the physical body of the property. Nor it has to do with liability insurance.

This unique coverage is about property rights and recognizes the title. This insurance policy guarantees the buyer that the title or evidence of property rights to the real estate free from defects, liens, restrictions, preventive or protective measures, except those be the buyer accepts as exceptions to its policy. A title company protects not only the owner but also their heirs, and in most cases, this protection extends even to having sold the property.

You imagine that after acquiring property, a person claims to have a better right to it. For example, there"s unknown debt appears with the condo, or that it possesses a preventive measure for some debt tax nature or injunction for nonpayment of a contractor, among other problems that may arise. That would be very painful and yet occurs with some frequency. Do not worry; these are the situations covered by this type of policy.

Lender"s title insurance policy

To obtain a mortgage loan, you usually need to obtain title services for the lender. The title insurance of the lender protects said lender against problems with the title of his property. For example, if someone files a claim against the owner of the home. The lender"s title insurance does not protect your investment in the home (your capital). If someone sued with a claim against your home, you are the first responsible person. The lender"s title insurance only covers the claims that affect the lender about the loan.

Buyer"s title insurance policy

Purchase title insurance is not mandatory for the buyer when business is cash, but we strongly recommend that when making a real estate transaction, the make with your trusted attorney or certified Securities Company. It is your right to demand the purchase of title services, which would respond to the full amount of the investment in case the ownership of the property seeth affected or violated, including court costs and attorney. It is paid only once, and its price is determined by a gradual and progressive scale not exceeding 1% of the amount of the transaction. In short, this unique insurance offers buyers protection, security and above all peace of mind to invest in a country with clear rules.

The title insurance of the owner protects the owner if someone claims and says they have a claim against the home before the owner bought it.

When you buy a home, you receive a document that is usually called a deed, which indicates that the seller transferred the property, or the “title" of that home, legally. A title company can protect you if someone files a lawsuit later and says you have a claim against the home before you bought it. The most common claims are usually filed because the previous owner did not pay the taxes or because certain contractors did not charge for work done on the home before you bought it.

You can compare prices of title company separately from your mortgage. If you compare the prices of title insurance, you can save money. If you decide to buy title insurance for homeowners, the total cost may be less if you use the same title company for both the lender"s and the owner"s policies, compared to buying them from different providers.

Depending on your state, the title company can give you a detailed list of charges at the time of closing, which may be different from what appears in your Loan Calculation or Closing Disclosure.

“Legal” Drugs on Internet (salvia divinorum) NOT Legal in Florida

There has always been an “underground” interest in unusual or obscure hallucinogenic drugs and plants which somehow escaped the watchful eye of the FDA or state legislatures and are thus “legal.”

We picked up an interesting news story — from all places, PC World Magazine (March 2009) – about the availability of psychedelic drugs, plants, and supplements online. Of course, if it exists, it"s on the internet. The immediate outcry was the widespread availability of these drugs for teenagers with a PayPal or credit card account. What is more surprising is that Florida legislators are already one step ahead — the “new” drug is already banned in Florida.

Apparently the fad is salvia divinorum, apparently some distant cousin of mint (hence the moniker, “magic mint”). According to the Salvia Divinorum User’s Guide, this “visionary herb” can be smoked or chewed with auditory and behavioral changes lasting anywhere from 15 minutes to an hour.

Many sites exist which sell this plant, including Bouncing Bear Botanicals, Herbal Fire, and shaman"s Garden. Most of these sites have warnings about consumption levels and when/where to take the drug; that said, the varieties and quantities sold (from about $9 – $25) appear confusing. Potency was also unclear. One site, NeuroSoup, gave vague and inaccurate information about the drugs legal status. Thus, these sites are not giving clear technical information nor are they always giving accurate legal information.

As mentioned above, Florida law seems on top of the issue despite the fact that the plant does not appear to be indigenous to the state. Florida State 893.03(1)(c)(35) says salvia is a schedule I drug with a high potential for abuse and no accepted medical use (which seems strange since, for salvia, the statute prohibits Salvia divinorum, except for any drug product approved by the United States Food and Drug Administration which contains Salvia divinorum”).

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Liability Waivers Signed by Parents for Children to Participate in Commercial Activity are NOT Enforceable

The Florida Supreme Court took up the question of the enforceability of (fairly common) “pre-injury” liability waivers/general releases which are signed by parents so their children can participate in commercial activities. Finding this an issue of “great public importance,” the Court held that these releases are NOT valid. If, however, the waiver is for the child to participate in non-commercial activities such as school or community events, such a waiver could be valid.

As the dissent points out, it is odd for the Florida Supreme Court to enunciate a public policy (of great public importance) despite no such prior reference in Florida general or statutory law. Moreover, quickly Florida lawyers will question (a) whether the parents can be called upon to indemnify the activity operator or (b) whether a case involves a commercial or school/community activity.

The case of Scott Corey Kirton et al. v. Jordan Fields et al.; Dean Dyess v. Jordan Fields; and H. Spencer Kirton v. Fields were consolidated appeals arising from an August 2007 Fourth District Court of Appeal decision.

Our prior post gives the backdrop of case law which leads to this Florida Supreme Court ruling, which should not have come as a shock in light of the hints dropped in the 2005 Global Travel v. Shea opinion.

The Court held that “a parent does not have the authority to execute a pre-injury release on behalf of a minor child when the release involves participation in commercial activity.” In a quick footnote, the Court then qualified that this decision would only be dicta if (when!) the questions arise about the enforceability of parent-signed exculpatory agreements for children to participate in the non-commercial activity.

That creaking noise you hear is the door being swung wide open for appeals arising from the enforcement of liability waivers in non-commercial cases as well as in instances where it is unclear whether an activity is commercial or non-commercial.

The Court admitted there is no statute on point. It did, however, find that this situation invoked the State’s parents public policy basis to preclude the enforcement of such waivers. Signing a pre-injury waiver was deemed not to be so much a part of a fundamental right of raising children but more an “injustice” which “deprives the child of the right to legal relief” and could lead the child, family, and the State to “suffer.” Signing the waiver “impacts the minor’s estate and the property rights personal to the minor.”

A short-shifted discussion was then had about how commercial activities could afford insurance and/or pass the cost along to the consumer; hence the differential treatment.

Justice Wells concurred but noted that “until today, this Court has never held that such a pre-injury release knowingly executed by a parent is unenforceable.” He further pointed out, given the number of cases on point, that the Legislature certainly had the opportunity to outlaw such provisions — and didn’t. He concluded, “it is fundamentally unfair to now declare a new public policy and then apply it to the defendants in this case.”

While Florida parents will likely collectively sigh with relief, this new public policy which divides commercial and non-commercial activity into two poorly-defined camps may lead to confusion — if not mistaken decisions — involving signing releases in quasi-commercial (or questionably non-commercial) activities.

Find out more about Florida laws such as real estate in our other articles.

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11th Circuit Suggests “Bitch” and “Whore” May Create Hostile Work Environment

If you like court opinions which repeatedly quote bad words — and sometimes define them — then consider Ingrid Reeves v. C.H. Robinson Worldwide, Inc. from the Eleventh Circuit.mad

On the other hand, if offensive words… well, offend you, then stop reading here. If our federal court can brave their use and memorialize them in the F.3d, we’ll include them on this vaporous little blog. Using the visceral terms provokes thought as to whether words alone can create a hostile environment while phrases like “gender-specific derogatory comments” or words like “scatological” tend to dull the mind.

Court Guidelines

The court held that evidence of gender-specific derogatory comments made about women on account of their gender (e.g., bitch, whore, and variations thereof) could create an actionable hostile work environment under the law in Title VII.

On the other hand, “general, indiscriminate vulgarities” (e.g., fucking [noun], asshole, and, “the intensely offensive ‘Jesus fucking Christ’”) apparently do not trigger the gender-related protections of Title VII. We question whether that last one might trigger a claim on the basis of religion.

The critical mass of the case was that the gender-specific derogatory comments do NOT have to be directed at the plaintiff. Simply, where the environment existed and, upon receiving complaints, management did not respond, there was a jury question whether that satisfied the “intent” element of a hostile work environment.

Two factual aspects are worth noting:

  • One, contrary to what one might expect, the Plaintiff was a former merchant marine and “no stranger to the course language endemic to the transportation industry.”
  • Two, part of the hostile environment was the fact that employees played a raunchy morning radio program in the office. It is interesting that what is permissible under FCC standards (presuming it is terrestrial and not satellite radio) could create an actionable hostile work environment…

Thanks to Law.com for their twitter post and article, “Sex-Specific Profanity Could Win Discrimination Case.”

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