I’m about to buy a home. Do I need a lawyer to represent me?
If you're about to buy a home you absolutely need a lawyer to represent you. First and foremost, in Miami Dade County or Broward County, the buyer determines who the title company is and many times the title companies are owned by attorneys like our offices and we will also represent the buyer in the process. We can walk them through the transaction and represent them throughout at a much more reasonable rate. Read More
I’m having my home built but it’s full of construction defects. What can I do?
During the building of your property or your house you're seeing that there are certain construction defects, you first have to determine if those really are construction defects. You may not be in a position to make that determination but generally what I've seen done or what I've had clients do is to hire an independent engineer to review the work that's being done and if it truly is a construction defect you need Read More
As a construction company, what steps can I take to protect my business from legal disputes?
As a construction company you want to protect yourself from legal disputes and one of the first ways to do that is to enter into a contract with the homeowner or the person you're building the property for. Enter into a contract with the subcontractor so that you can detail the rights and responsibilities of each one during the course of the construction. You want to set whose obligation it is to do what. You don’t Read More
I signed a pre-construction contract with a developer but I want to get out. Can I do so?
It may be possible to get out of a preconstruction contract and obtain your money back, but you have to remember that pre-construction contracts are generally drafted and crafted by the lawyers for the developer. They've taken their time to make sure that the contract is very solid and tight and in their favor. So, the most important thing to do is just to visit an attorney, have him review the contract thoroughly Read More
What does it mean to “close” on a home?
To close on a home is when you finalize the transaction of the purchase of the home. The whole accounting of the transaction is done, the buyer pays his money, all of the parties involved in the transaction are paid and the seller transfers title over to the buyer and the buyer becomes the actual homeowner. At that time is when the seller transfers or signs over the warranty deed. Title searches are completed and Read More
What is title insurance and why would I need it?
Title insurance is issued by a title company that can sell title insurance, basically. Title insurance ensures any defects with the title. Prior to issuing title insurance a title company is going to do a title search, a lien search, to determine if the title is marketable; in essence, if the title is clean. Title insurance is the only insurance that I know of that ensures going back. Most insurance like Read More
Why is a short sale better than foreclosure?
A short sale is generally better than foreclosure because at the completion of the short sale the judgment, which is a result of a foreclosure, is eliminated or removed so on your record or your credit history, your credit record, whatever you want to call it, you don’t have a judgment in place. If you go forward with a foreclosure and there's a foreclosure sale, at the auction the judgment stays in place, the Read More
I’m about to begin a construction project. What do I need to know about negotiating with the bank?
The draw schedule with the bank is very important because you need to find a way to make sure the bank pays you quickly once you provide them your draw request. If you're not paid on time workers can walk off the project, suppliers can start a lien on the property and really create a lot of chaos and unnecessary expenses. So you need to put, or eliminate, obstacles from the point that you submit your draw request to Read More
What are my options if I don’t qualify for Chapter 7 bankruptcy?
Some of your options if you don’t qualify for a Chapter 7 bankruptcy is a Chapter 13 bankruptcy. Most people do not qualify for a Chapter 7 is because they either have too much money in assets or they make too much money on basically a monthly basis. So, if you have too much money in assets the Chapter 7, when you liquidate, you're going to lose substantially most, or all of, your assets over and above your allowable Read More