Nonprofit faces questions over planned Fort Lauderdale building
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
The remaining owners of units in a small townhome development in downtown Fort Lauderdale, Florida, are worried about their future after a nonprofit group has snapped up more than half of the properties in the community. A Los Angeles-based organization, which provides HIV/AIDS medical care worldwide, is proposing to build a low-income housing tower. But it has spent $4.32 million to purchase the neighboring townhomes, which the Florida Bulldog described as "acquisitions that appear aimed at squelching opposition to the nonprofit's plans for the area." The foundation's regional head told t ..read more
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When can you sue another property owner for water damage?
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
You might think that once you move out of an apartment or condo, your days of worrying about a neighbor causing water damage to your home (maybe from a broken pipe or an overflowing bathtub) are over. However, it's possible for water from a nearby house or other property to cause damage to yours. Not all water damage can be blamed on a property owner. For example, if your area has endured days of torrential rains, there may be some runoff onto another property -- maybe because it flows naturally downhill. Where you get in to potential liability is if someone has altered their property in s ..read more
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Know the reasons for trust litigation
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
One way to provide specific assets for certain individuals or entities is to transfer them through a trust. This usually is an efficient way to accomplish this goal, but there are some situations that might question the validity of a trust. We understand that these matters shouldn't be taken lightly. When you think that a trust's terms have been altered or that the trust was established contrary to the applicable laws, you might opt to pursue legal action to challenge the trust's terms or management. One issue that frequently comes up in these cases is whether the testator was legally able to ..read more
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One major reason to buy a commercial property
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
One of the big decisions that business owners need to make is whether or not they want to buy a commercial property. Some prefer to rent. Maybe they're not ready to buy, they're not sure they'll stay in the area, or they just do not want the hassle of taking care of the property, preferring to leave that up to the landlord. Renting can be the right decision for your company, but make sure you really consider both sides. There are many reasons to buy, instead, including the fact that you lock in the payments. Say you take out a 15-year mortgage on your property. If you escrow for the proper ..read more
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Do you want a home inspection contingency?
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
You find a home that you'd like to buy. You walk through it and you love it. You think it's the type of place you could live for the rest of your life. Best of all, you have loan approval for a mortgage that will cover the cost of the home. It's time to make an offer. Then your agent asks you if you want to put in a home inspection contingency. What does it do? Let's start by quickly breaking down what the contingency does. Essentially, it says that your offer only stands if the house passes the inspection. If it does not, then you reserve the right to pull your offer from the table. There ..read more
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Florida lawsuit aims to save tennis grounds in private community
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
A tennis association in the Grove Isle section of Miami is suing the developers of a proposed luxury condominium project, contending that construction of the complex would mean current residents would lose some tennis amenities. The condominium has been in the works on the private island for more than five years. There already are three residential towers, and owners of units in the buildings enjoy tennis and other privileges. Construction of the new units, however, will take away eight tennis courts, according to the association's lawsuit. It also has named as defendants three other group ..read more
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Understanding the various types of breach of contract
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
Contracts can be breached in a multitude of ways, large and small. If a task that a party to the contract agreed to complete isn't finished on time, as expected or at all, that could constitute a breach of contract. Let's look at four key types of breaches: A minor breach, also known as an impartial breach, is when a nonessential part of an obligation isn't completed. A material breach, also called a total breach, is when a large or essential part of the obligation isn't carried out. People are more likely to go to court over a material breach that can't be resolved with the other party than t ..read more
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Reputable contractors stand behind their work
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
There is a bit of time before hurricane season hits this area again. One thing that homeowners can do now is to find a contractor they trust so that if there is a big storm, they are prepared. All too often, Florida residents are taken advantage of by contractors who just see weather damage as a way to make money. You should try to avoid having to find someone new to work on your home after the storm. If you find a contractor now, even if they only handle smaller jobs for you, it gives you a chance to find out if they are reputable. It can also give you an idea of the quality of work they do ..read more
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What gives way to wills and trust legal battles?
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
One of the many responsibilities of the executor of an estate is to take a decedent's many assets and to divide them up between their heirs. What you may not realize, though, is that it's this splitting up of money and property that often leads to contested wills and trust cases. Wills and trusts are often contested by individuals and charitable entities that expected to receive gifts from the estate, yet they never did. What many testators, or will writers, and trust owners don't understand is that charitable donations or trusts are essentially contractual obligations. An individual may n ..read more
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Agreeing on property boundaries with your neighbor
Frese Whitehead | Melbourne FL Business & Real Estate Law Blog
by On behalf of Allan P. Whitehead of Frese, Whitehead & Anderson, P.A.
4y ago
Property boundaries can seem insignificant when you first move into a property, but when you begin to start considering value maximization or when you are planning on selling the property, the importance of these issues will be highlighted. If you believe that your neighbor is encroaching on your land, you must address this directly and with a good understanding of the law. No-one wants to become involved in a conflict with their neighbor over property boundaries. This is why you should approach the issue carefully. The following are steps you should take when trying to agree on property bound ..read more
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