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4 Things To Consider While Buying a New Development

on October 04, 2018

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Edward Hale’s seminar on 2018 Florida Legislative and Case Law Update

on July 18, 2018

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Real Estate Licensees Can Be Held Personally Liable For Negligence

on June 07, 2018

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How To Hold Title To Florida Real Estate

on May 13, 2018

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Possible Pitfalls When Purchasing Florida Real Property at Auction

on May 08, 2018

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Fort Myers Attorney Edward W. (Ned) Hale - Board Certified Lawyer

on May 07, 2018

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Edward W. (Ned) Hale

on May 02, 2018

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Popular Posts - Edward Hale

Real Estate Licensees Can Be Held Personally Liable For Negligence

Real Estate licensees frequently ask their legal counsel if they can be personally sued by a party to a sales contract or a lease. Surely, these licensees reason, they can’t be sued personally – they are working for a company, after all, and isn’t limited liability the main benefit of working for a company? WRONG! According to the third district court of appeals, which includes Miami, in the recent case of Muchnick v. Goihman, Case No. 3D17-122 (Fla. 3d DCA 2018), a real estate licensee is not shielded from personal liability due to the fact that he was acting within the scope of his corporate employment because the evidence showed that the licensee personally participated in the negligence. The court said that the licensee owed a duty of reasonable care to the tenants under the “undertaker's doctrine” where he made a promise to fix the problems in apartment and he managed repairs. In 2012, licensee Richard Goichman, who worked for Fortune International Realty,

Edward W. (Ned) Hale

The reputed Hale Law Group is one of the leading business law services and real estate law services provider among the Fort Myers attorneys. A Board certified attorney in real estate, Hale Law Group has overseen hundreds of Florida litigation matters with an impressive success rate. The board certification which is held by only 7 percent of Florida attorneys is a testament to the expertise and reliability of the Hale Law Group.

How To Hold Title To Florida Real Estate

One must keep in mind that there is no single “best” way to hold title to real estate. It really depends on the buyer’s situation. Here is a sampling of some (but not all) of the ways to hold title to real estate, along with some of their advantages and disadvantages: SOLE OWNERSHIP IN ONE’S PERSONAL NAME Advantages: -Easy. No documents to prepare. Disadvantages: -No asset protection—creditors can seize the property unless it is homesteaded. -Property passes through probate if owned at death, which can lead to delays and costs. JOINT OWNERSHIP AS TENANTS IN COMMON Advantages: -Easy. No documents to prepare. This is the “default” ownership method when two or more people jointly own real estate. -Ownership shares can be unequal—i.e., one person can own, say, 60% and the other 40% of the property. And they can take title by different deeds. -All owners, regard

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