Industry News
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New Florida Law Aims to Keep Unsuspecting Buyers From Being Flooded by Loopholes
Florida is a state that is prone to flooding. This is due to a number of factors, including the state’s low-lying geography, its proximity to the Atlantic Ocean and the Gulf of Mexico, and its susceptibility to hurricanes. 2024 has definitely been one for the books, but it is likely to be a glimpse of…
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Cancelled Flights? Know Your Refund Rights.
New Federal Regulation: Stronger Protections for Airline Passengers For decades, airline passengers have often felt at the mercy of the airlines when it comes to flight cancellations and disruptions. However, recent years have seen a gradual increase in consumer protections, culminating in the passage of the FAA Reauthorization Act of 2024. Signed into law by…
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Old School Bankruptcy Exemption Gets a Modern Facelift
A Victory for Florida Debtors. There was a recent change to Florida law that benefits the vast majority of individuals filing for bankruptcy protection in Florida. Specifically, the change in law provides a long-overdue increase to the property exemptions that Florida debtors are able to claim. What’s an Exemption? When facing financial hardship, bankruptcy can…
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Lawyers, Don’t Fear the Reaper
A.I. may be new and scary, but the legal profession should embrace it, not bogeyman it. One of the benefits of being a licensed Florida attorney is that, every month, without fail, I receive a nice, crisp copy of The Florida Bar News. This month was like no other as I recently received the September…
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Contracts of Adhesion, Binding Arbitration, and The House Of Mouse
Is clicking “I agree” a ticking timebomb? In the digital age, the seemingly innocuous act of clicking “I agree” on a terms and conditions agreement can have far-reaching implications for our legal rights. This is particularly true when it comes to arbitration clauses, which can significantly limit consumers’ ability to seek justice. A recent Florida…
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FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of August 1, 2024
The Florida Realtors / Florida Bar (“FARBAR”) Residential Contract for Sale and Purchase and the “AS IS” Residential Contract for Sale and Purchase have been updated as of August 1, 2024. The new revised versions are identifiable by “6xx” and “Rev. 8/24” notations towards the lower left-hand corner of each contract. What Changed? The changes…
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Curb Appeal or Curb Your Enthusiasm? Florida HB 1203’s Collision Course with the Contracts Clause
Florida’s House Bill 1203 (2024), which goes into effect on July 1, 2024, significantly impacts a slew of HOA laws. Despite its broad impact, in this post I’m going to focus on one particular aspect of the new legislation, which amends Florida Statutes § 720.3075 to address restrictions on homeowners parking work vehicles on their…
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Negligence After Nuptials: Ripple’s Effects on Spouse Compensation Under Florida’s Wrongful Death Act
The sudden loss of a spouse is devastating. When that loss is caused by someone else’s negligence, the emotional and financial burden can be overwhelming. In the past, Florida law limited the ability of surviving spouses to seek compensation if they married after their spouse’s injury. The recent Supreme Court of Florida case, Ripple v.…
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Freedom to Compete or Freedom to Flee? The Debate Over the FTC’s New Rule
Worker Wins, Employer Blues? The FTC’s Non-Compete Ban Explained. As a real estate lawyer, I don’t typically delve into the intricacies of employment law. But I do like to keep my readers informed and, let’s be honest, this is a pretty big deal. The Federal Trade Commission’s (FTC) recent landmark decision banning non-compete clauses for…
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The Truth About the McDonald’s Hot Coffee Case – 30 Years Later
What You’ve Heard is Probably Wrong. The McDonald’s “Hot Coffee” case is a legend in the world of legal cases. It has withstood the test of time, being propped up continuously as a culture symbol of frivolous lawsuits. However, the reality behind the McDonald’s Hot Coffee case is far more nuanced – and far less…