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Real Estate Licensees Can Be Held Personally Liable For Negligence

on June 07, 2018

Edward Hale Fort Myers Ned Hale Fort Myers Real Estate

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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 In...

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.

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

The Florida Bar in real estate law has certified Fort Myers attorney Edward W. (Ned) Hale Board certification evaluates attorneys' special knowledge, skills and proficiency in various areas of law, and professionalism and ethics in practice. Board-certified lawyers are evaluated for professionalism, tested for expertise. Of the lawyers eligible to practice law in Florida, just 6% have earned board certification. Certification is the Florida bar's highest evaluation of attorneys compensation sea, experience and professionalism in the areas of law approved for specialization. The Florida Bar maintains high standards that lawyers must meet before seeking certification in one of the areas of law approved by the Florida Supreme Court for board certification. Even if an attorney does meet the stringent application criteria, judges and other lawyers must evaluate the lawyer as to character, ethics, and professionalism. In addition, the lawyer must pass a rigorous examinati...

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