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

on July 18, 2018

+0 Edward Hale Fort Myers

Edward Hale Fort Myers

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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...

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 o...

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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