Joseph Battaglia
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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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WeExpire.org: A 21st Century Message in a Bottle
Safeguarding Your Legacy, Beyond Wills, Trusts, and Deeds As a real estate attorney, I regularly witness the importance of safeguarding your property through the right paperwork and a comprehensive estate plan. However, a well-rounded and comprehensive estate plan can oftentimes extend beyond the four corners of a will or trust agreement. The digital age presents…
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Scaly Squatters: The Need to Evict the Burmese Python From Florida
In a previous blog post, we discussed the legal framework surrounding House Bill 621 (HB 621) and the rights of Florida landlords regarding unwanted occupants known as “squatters.” However, Florida faces another type of unwelcome squatter with devastating consequences for the state’s ecosystem: the Burmese python. And with the Florida Python Challenge starting in August,…
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House Bill 621: Reclaiming Your Property Rights in Florida
Florida’s House Bill 621 (HB 621), which went into effect on July 1, 2024, has significantly impacted the state’s landlord-tenant landscape. This legislation, which created Florida Statutes § 82.036, addresses the growing issue of unauthorized occupants in rental properties, offering a streamlined process for eviction in specific situations. Expedited Eviction for Unwanted Tenants Prior to…
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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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Document Preparation Fee? Not On My Watch.
Protecting Your Interests During Real Estate Closings The sale of Florida real estate signifies a significant financial transaction, often marking a new chapter for sellers. However, navigating the intricacies of closing costs can be a complex and potentially contentious process. It’s no secret that every transaction has closing costs, some of which are paid by…
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SCAM ALERT – Be Aware of a Recent Scam Targeting People with Open Court Cases
The Twelfth Judicial Circuit of Florida has warned of a recent scam it has become aware of. Fraudsters will target people with open court cases and pretend to be someone else, such as someone from the clerk’s office, someone from the court, or possibly even someone else. They will reference information found in the court…
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Brave New World? Written Buyer Agreements in Florida Real Estate Transactions
The Industry Has Changed. We are now seeing the precise effects on the industry following the major National Association of Realtors lawsuit and settlement which I have previously written about. The first major change in the Florida real estate landscape is the creation and implementation of Buyer Agreements, which will soon be required when a…
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Florida Ladybird Deeds: Simple Solutions for Complex Situations?
Deciding what to do with your assets when you pass can be a bittersweet experience, though it is unquestionably the responsible thing to do. While it represents a cherished legacy, navigating the legalities can feel overwhelming. This is where Ladybird Deeds, also known as Enhanced Life Estate Deeds, come in. What is a Ladybird Deed? A Ladybird Deed allows…