Industry News
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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…
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What’s in a Name? De-Thorning the Ambiguity of “Post-Office Address” in Florida Statutes § 695.26
As Shakespeare’s Juliet wisely declared, “What’s in a name?” Indeed, when it comes to love, a Montague by any other name would still possess the intoxicating allure of a summer rose. But in the realm of Florida real estate law, words in statutes matter. And usage of one word in lieu of another can have…
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Burnett v. National Association of Realtors – The 1.8 Billion Dollar Verdict That Could Reshape an Entire Industry
Yes… with a “B” On October 31, 2023, a federal jury in Missouri returned a verdict finding the National Association of Realtors (NAR) and several large brokerages liable for antitrust violations in a class-action lawsuit filed by home sellers. The case is Burnett et al v. The National Association of Realtors et al, U.S. District…
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Breaking Bad: Bankruptcy Filings Rise 13%
According to the Administrative Office of the U.S. Federal Courts, bankruptcy filings, both personal and business, are on the rise. Bankruptcy filings are reported quarterly, with the most recent quarter being the third straight quarter of increased filings. The entire announcement from the Courts is included, below: Total bankruptcy filings rose 13 percent, and business…
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The Silent Thief: Fraudulent Documents Can Steal Your Property
Don’t Let Your Home Be Next Real property fraud is a serious crime that can have devastating consequences for the victim. It can involve the theft of a property, the loss of a home, or financial ruin. A common type of real property fraud is the filing of false documents. In some cases, the fraudster…
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FAR/BAR Residential Contract and FAR/BAR “As Is” Residential Contract Revised as of July 1, 2023
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 July 1, 2023. The new revised versions are identifiable by “6x” and “Rev. 7/23” notations towards the lower left-hand corner of each contract. The changes to both…
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SB264 – New Florida Law Prohibits “Foreign Principals” from Purchasing Certain Florida Real Property
A new law in Florida will prohibit “foreign principals” from purchasing agricultural land or certain real property in the state. The new law, Senate Bill 264, was signed into law on May 8, 2023, and becomes effective July 1, 2023. The law creates what is now Part III of Florida Statutes Chapter 692 (to be…
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The Case of the Fake Cases
A Cautionary Tale of the Risk of Blind Reliance on Artificial Intelligence. In a recent federal case, two lawyers were sanctioned by a judge for citing fake cases in their brief that was filed with the court. This occurred in the case of Mata v. Avianca, Inc., Case 22-cv-1461, filed in U.S. District Court for…
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Manatee County Clerk of Court and Manatee County Bar Association Warn of Recent Jury Duty Scams
I received a notice from the Manatee County Bar Association (“MCBA”) with some important information and I wanted to pass it along to you. The MCBA reports: Be vigilant!
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Welcome to the New Age: The Federalized Summary Judgment Standard Arrives in Florida – Fla.R.Civ.P. 1.510
For Florida lawyers, the landscape of civil litigation has shifted dramatically. Effective May 1, 2021, the Sunshine State embraced the federal summary judgment standard, significantly amending Florida Rule of Civil Procedure 1.510. This marks a significant change in how courts will resolve cases without trial. This blog post delves into the new standard, its implications…