FIRPTA – A Buyer’s Responsibility Regarding the Seller’s Taxes
When engaging in a real estate transaction, buyers and sellers have many responsibilities. One responsibility that may seem counter-intuitive and even unfair is that in a particular circumstance the buyer is responsible for withholding, reporting, and remitting to the Internal Revenue Service the Seller’s taxes on money realized from the...
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Civil Justice For Crime Victims
Seeking justice against the perpetrator of a crime is generally understood as criminal prosecution seeking incarceration. But in the wake of a crime the victim is often left injured in a way that prosecution does not help. Victims left with physical, emotional and financial...
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1031 Exchange: Exchange The Property, Keep The Tax Benefits
Many investors have found real estate to be an attractive vehicle to protect and grow their investment. Sometimes, an investor may wish to sell one piece of real estate and immediately invest in another. When this happens, investors need to be able to sell one property and purchase another without incurring the capital gains and depreciation...
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Beware of Civil Forfeiture
Civil forfeiture is when the government seizes property it claims is connected to illegal activity. It developed under British maritime law, where it was easier for the Crown to seize and prosecute a vessel, rather than its owner who may be across the ocean. Thus, civil...
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Undisclosed Defect Claims in a Fast-Paced Real Estate Market
Buyer (and Seller) Beware...
It goes without saying that the real estate market in Southwest Florida is on fire right now. We have heard story after story of houses selling before they are even listed on the market. In this extremely fast-paced market, we have seen many buyers and...
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What is a Trademark?
A brand identifier can be a name, a logo, a slogan, etc. The Nike “swoosh” and the Starbucks’ woman are both identifiers which identify those brands. Trademarks protect brand identifiers. Trademarks ensure that no one else can use your brand identifier. This helps prevent third-party brand tarnishment, confusion, or dilution, which...
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Relying On Representations Of Others Who Go Back On Their Word
Florida property owners often have to receive approval from associations and/or government agencies for changes to their property ranging from landscaping to major construction projects. What is a property owner to do when the association or agency giving the approval changes their position and revokes the initial approval? The answer...
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The Importance of The Fifth Amendment
Protection for the individual citizen against State Power was a core consideration of the Founding Fathers. Many people don’t realize it, but half the amendments of the Bill of Rights focus on protections for criminal defendants—it’s like a miniature code of criminal procedure.
The 5th
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Motions to Dismiss in the Criminal Context
The two core principles of American criminal jurisprudence—proof beyond a reasonable doubt, and the burden of proof belonging to the accuser—have allowed countless of the wrongly accused to prevail at trial. But pursuing a case all the way to trial can be daunting, expensive and time-consuming. How can a defendant go on...
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Protecting Yourself From Contractor Nonpayment in Florida
If you’re a Florida property owner preparing for a major construction or renovation project, there’s a crucial issue you can’t afford to overlook: What happens if your contractor doesn’t pay subcontractors, laborers, or suppliers?
Unfortunately, under Florida law, you could still be held responsible for amounts owed to these...
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