Industry News
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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…
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Florida Gets Flexible: New Civil Rule 1.041 Allows Limited Appearances in Civil Court
Florida’s legal landscape just got a little more navigable for both clients and attorneys thanks to the implementation of Florida Rule of Civil Procedure 1.041. This brand new rule, effective April 1, 2024, allows attorneys to provide targeted legal assistance in specific aspects of a civil case. Prior to this change, Florida law operated under…
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Alabama Federal Court Declares Corporate Transparency Act Unconstitutional
But the ruling is not applicable to all businesses On March 1, 2024, a significant development arose in the ongoing saga of the Corporate Transparency Act (CTA). In a landmark decision, the U.S. District Court for the Northern District of Alabama, in National Small Business United d/b/a National Small Business Association v. Yellen, No. 5:22-cv-01448-LCB…
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Estoppel Certificate & Other HOA Fees: Junk or Justified?
As a board certified real estate lawyer in Florida, I frequently deal with estoppel certificates, including reviewing them and ordering them from associations and their management companies. If you are unfamiliar with what an estoppel certificate is, here is a previous blog post that provides some general information. But, briefly, estoppel certificates are official statements…
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Behind Glass Eyes: A.I. Facial Recognition and the Evolved Horror of Eyewitness Error
The recent boom in the use of Artificial Intelligence models such as ChatGPT, Google Bard, and Microsoft Co-Pilot (and a future offering from Apple on the horizon) shows that society is increasingly willing to embrace and rely upon artificial intelligence to do a great number of tasks for us. Certainly, artificial intelligence can and does…
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New Federal Law Requires Disclosure of Beneficial Ownership Information of All Entities, Old and New
As of January 1, 2024, a significant change has impacted American businesses with the implementation of the federal Corporate Transparency Act (CTA). This law requires many businesses to disclose information about their beneficial owners, individuals who ultimately control or own 25% or more of the company’s interest. This is by the filing of a report…