Joseph Battaglia
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Wholesaler? Partly Manure!
Something About This Stinks. As a board certified real estate attorney, I often am contacted by distressed homeowners who have fallen prey to some less than desirable real estate practices, particularly wholesaling. These homeowners, often desperate for a quick sale due to any number of reasons, but commonly due to financial hardship, become easy targets…
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Show Me the Money! Refunds of Estoppel Certificate Fees in Cancelled Florida Real Estate Transactions.
Know Your Rights Under Florida Law When a real estate transaction in Florida falls through, it can be a frustrating and costly experience. One often-overlooked expense is the estoppel certificate fee. These fees, charged by homeowners’ associations (HOAs) to verify information about a property, can be substantial. But what happens to these fees if the…
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Bought a New Build in Florida? You Might Be Owed Money From the Builder.
And we can help. Congratulations on your beautiful new construction home in the Sunshine State! But before you sink into those beachy vibes, there’s one important detail to consider: post-closing tax re-proration provisions. In plain English, this means you might be entitled to money back from the builder (the seller) due to potential discrepancies between…
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You Wouldn’t Sit On a One-Legged Stool
Preventing Wire Fraud in Real Estate Closings, Three Legs at a Time. In today’s digital age, the convenience and speed of electronic transactions have revolutionized many industries, and the real estate closing and title industry is no exception. However, this convenience has also opened the door to a growing number of scams, particularly wire fraud.…
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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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![Florida’s House Bill 837: The [Insurance] House Always Wins](https://battaglia.law/storage/2025/01/House-of-cards-Battaglia-Law.jpg)
Florida’s House Bill 837: The [Insurance] House Always Wins
As an attorney who has spent years navigating the complexities of Florida law, I’ve observed how the system can sometimes fall short of delivering true justice. Unfortunately, a law passed in 2023 by the Florida legislature, known as House Bill 837, is no exception. Now, a little more than a year later, I’d like to…
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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 bankruptcy property exemptions that Florida debtors are able to claim. What’s a Bankruptcy Property Exemption? When facing financial…
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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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Lakewood Ranch Real Estate Attorney Joseph Battaglia named an SRQ Magazine Elite Top Attorney for 2024
For the fourth year in a row, Lakewood Ranch real estate attorney Joseph Battaglia has been included in SRQ Magazine’s Elite Top Attorney Honoree List. The list was published in the September 2024 issue of SRQ Magazine, and Mr. Battaglia was included amongst the other attorney honorees in the real estate law category. Mr. 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…