Loading...

Follow Miami Business & Commercial Law Blog on Feedspot

Continue with Google
Continue with Facebook
or

Valid

As a business owner in Miami, you know that client relationships are integral to success. However, entering into relationships with so-called “problem” clients can set your enterprise back quite a bit, to the point where you find yourself embroiled in costly legal action. While you can’t always intuit just how a client is going to act once you’ve both signed on the dotted line, Forbes provides the following information on what to look out for.

Complaints about past companies

Unless the client has a solid reason (such as poor work or a failure to follow directives), be wary of amorphous complaints about past companies. This is especially true if you know that the company has a relatively good reputation among business associates. If a client offers up these statements, ask more questions about the underlying reasons. If their replies don’t have a lot of substance, you may want to think twice before forming a business relationship.

They claim to possess expert knowledge

Some of your clients may possess a high-level of knowledge, which can actually make the business relationship a bit easier to manage. However, the fact remains that this person is seeking your services because they need assistance in a field you specialize in, which means they must be open to your suggestions. Unreasonable requests or an inability to listen to your input will most likely lead to dissatisfaction with the finished product. This can result in contract litigation if your client feels that the terms were not honored.

They lack a knowledge of technology

No matter what profession you reside in, chances are you rely on technology pretty heavily. As a result, it’s important that your clients have at least a basic knowledge of common tasks, such as opening attachments to emails, joining virtual meetings, and transferring payments electronically. A lack of knowledge will not only be frustrating for you, it can also result in longer consultation times. As a result, you may want to tweak your pricing, which will likely be met with irritation from your client.

  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 
Miami Business & Commercial Law Blog by On Behalf Of Welbaum Guernsey - 11M ago

There are numerous assets and factors people need to consider when creating estate plans. One aspect that has grown in popularity in recent years involves people including provisions related to their pets in their estate plans

Although the prospect sounds odd, it makes sense. Your estate plan should provide you with peace of mind, and knowing your furry friend has someone to care for it is crucial. 

Find a caregiver

You want to have open lines of communication with your beneficiaries as you create an estate plan. This means finding someone who actively wants to care for your dog or cat upon your passing. You never want to assume a child or friend will automatically take the animal because caring for a pet is a big responsibility, both emotionally and financially. 

Create expectations

In writing, you want to lay out every last detail a person would need to know to adequately care for your pet. This can include what kind of food is best and whether the animal requires medication or frequent vet visits. This all aids in circumventing misunderstandings later. 

Assign funds

A big reason why someone may be reluctant to look after an animal is the overall cost. You can help alleviate some of that burden by assigning funds to help with the animal's expenses. For example, you may want to give your children an equal amount of money in the will, but you can give a little extra to the child who has agreed to care for the pet. Make it clear that the extra funds will only go toward food, medical costs and other expenses for the cat or dog. You can put this money in a trust to ensure the child uses it accordingly. 

While all this seems formal, it helps ensure your pet receives the proper care. Oral agreements are not enough, and you want to make sure your furry friend does not end up in a shelter after your passing.

  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

In a city that is regularly hit by hurricanes and the attending wind and flood damage, it is quite common to find building repair work that was completed without a work permit. It is understandable, considering the immediate need of families and businesspeople to mitigate their losses and get their lives back to normal as soon as possible. Whether the property owner foregoes or forgets to obtain a permit, you or another prospective buyer should know that the problem of unpermitted work is inherited along with the building, and that could spell trouble down the line.

CPM Real Estate Inspections explains that research for current and past building permits is essential to assessing what your risks may be in purchasing a property. Because it is a critical factor for ensuring public safety, the absence of a permit and the follow-up inspection and approval may leave you open to legal action is someone experiences property damage or personal injury tied to the work.

Engineers and architects who work with commercial property owners must file plans and specifications of proposed work that involves structural elements, as well as significant plumbing, air conditioning and electrical alterations. Smaller modifications also typically require a permit, but may not need plans and specs. Improvements that require a building permit include the following:

  • Installation of a new roof
  • Relocation or addition of plumbing fixtures
  • Installation or blocking of a door or window
  • Addition or relocation of electrical outlets
  • Addition to the building itself, such as expansion or room addition

No matter when renovations were made or how many times the building has changed hands, only the current owner is responsible for building code violations. You may face fines and also be required to bring the building up to code, which may be expensive, depending on the type and quality of the work performed. As a prospective owner, you should research building permits and engage a building inspector to help spot work that may not have been permitted to help you get a full picture of any issues with the building.

This article features important information that is, however, only general in nature. It is not meant as legal advice.

  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

While you may be excited by the prospect of working for a new employer in Florida, that doesn’t mean you should rush into the signing of an employment contract. Understanding the agreement you’re offered is crucial to ensure your best interests are kept in mind, which entails comprehending the clauses and negotiating effectively. Monster.com offers the following advice, which will allow to enter into a new job under the best possible circumstances.

Understand At-Will Employment

At-will employment means that your employer can fire you at any time for any reason (provided it’s not considered discriminatory). Even in at-will employment states agreements can override local laws by outlining terms for discharge. Make sure you understand whether you’re an at-will or fixed-term employee before signing.

Inquire About Non-Compete Clause

If your contract contains a non-compete clause, you want to make sure you fully understand what it entails. These provisions usually stipulate that an employee can’t work for a competitor to prevent an exchange of sensitive information. Lengthy terms should be avoided however, as that can make it difficult to find employment in your field in the event you’re fired, or you resign.

Ask About Compensation

You also want to make sure info about compensation and benefits is spelled out explicitly. What is your starting pay? What criteria will you need to meet in order to get a raise? Can benefits be changed? Some employers use confusing language, which can make it hard to determine exactly how you’ll be compensated. Make sure you have answers to these questions before agreeing to anything.

  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Planning out your will's provisions is a valuable step towards achieving a disposition of your property according to your wishes. However, you also need to ensure your will complies with Florida's formal requirements, which may differ from those of other states. Otherwise, the probate court may deem your will invalid and distribute your property according to intestacy laws.

For this reason, the will forms you find online may not be your best option. Additionally, fill-in-the-blank wills may not provide the flexibility you need to incorporate the provisions that best serve your purposes.

Writing the will

The testator has to sign the will at the end of the document. Someone who is physically unable to sign can direct another person to sign on his or her behalf, in his or her presence. Additionally, two witnesses must be present at the signing and sign their names to attest to this. Witnesses must sign in the presence of the testator and of one another. While there is some ongoing debate as to what counts as "in the presence of," the best way to avoid potential problems is to just have everyone in the same room within physical lines of sight of everyone else during the signing.

While the law does not require notarization, it is the better option as it cuts down on procedural steps later on. Generally, it is best not to have the notary also serve as a witness, though it is technically permissible.

Although some states accept a fully handwritten will signed by the testator without witnesses, Florida does not. Florida courts generally do not accept an oral will, either.

Additional tips

In addition to complying with technical requirements, you can take some additional steps to make the probate process go smoothly. Include the full names of your beneficiaries and personal representative, and indicate the full address and relation to you of each person. Describing your assets' nature and location fully also helps the representative complete the inventorying, accounting and distribution quicker.

  • Show original
  • .
  • Share
  • .
  • Favorite
  • .
  • Email
  • .
  • Add Tags 

Separate tags by commas
To access this feature, please upgrade your account.
Start your free month
Free Preview