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Construction Defects & Section 558 of the Florida Statutes

Posted on August 8, 2023

What is a Construction Defect? Florida Law defines a construction defect as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property” which results from certain causes such as a...

Best Practices when Reporting Hurricane Damage to your Insurance Company

Posted on November 9, 2022

Best Practices when Reporting Hurricane Damage to your Insurance Company Hurricane Ian has devastated our lives, homes, and businesses in the SWFL area. Reuters reports insurance losses up to $60 billion. The damage from Hurricane Ian is one of the largest in insurance losses from a catastrophe second only to Hurricane...

Weekly Case Update – Dan Hogan on Police Authority

Posted on May 13, 2022

How much authority do police have when your pulled over in Florida? Dan Hogan, Esq. answers some important questions while talking about a recent case in our weekly...

Senior couple signing documents with a pen on a table.

FIRPTA – A Buyer’s Responsibility Regarding the Seller’s Taxes

Posted on July 27, 2021

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...

Civil Justice For Crime Victims

Posted on July 12, 2021

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...

1031 Exchange: Exchange The Property, Keep The Tax Benefits

Posted on June 22, 2021

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...

Beware of Civil Forfeiture

Posted on June 14, 2021

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...

Undisclosed Defect Claims in a Fast-Paced Real Estate Market

Posted on June 7, 2021

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...

Chalk-drawn lightbulb on blackboard surrounded by crumpled paper.

What is a Trademark?

Posted on June 1, 2021

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...

Hands reviewing house plans with a red pen on a table.

Relying On Representations Of Others Who Go Back On Their Word

Posted on May 13, 2021

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...