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Widerman Malek Law Blog

How to Avoid “Notice of Contract” Legal Land Mines in Real Estate Deals

A common investor buyer practice, especially among wholesalers, is to file a document in the public records to preserve their contract rights and “cloud” the property’s title in case the seller fails to honor the contract. Investors are taught to file a “notice of contract” or similar document, which will turn up during a title […]

Five Widerman Malek Attorneys Selected as 2021 Florida Super Lawyers and Rising Stars

Widerman Malek is excited to announce that five of our firm’s attorneys are honorees for the 2021 Florida Super Lawyers and Rising Stars list. Each year, no more than five percent of lawyers in the state are selected to appear on the list of Florida Super Lawyers, and no more than 2.5 percent are selected […]

What Should Property Owners Know About Eminent Domain Case Requirements?

Eminent Domain Case Filing Before an Eminent Domain case can be filed and served against a property owner, the governmental or quasi-governmental entity taking the land, also known as the condemnor, must follow several requirements. The condemnor must have the authority to take land via eminent domain, have a public purpose for the taking and […]

Florida Supreme Court Adopts Federal Summary Judgment Standard

On April 29, 2021, the Florida Supreme Court decided that Florida will now follow the federal summary judgment standard and adopt the text of the federal summary judgment rule as opposed to crafting a new Florida-specific rule. However, the court did make one minor change, which includes that a court “shall,” as opposed to the […]

Estate Planning During COVID – The Importance and What It Entails

Throughout 2020 and into 2021, 2.04 million Floridians have contracted COVID-19. Sadly, over 33,000 residents have died from the disease, while over 83,000 Floridians have required hospitalization for the virus. Even if the first two numbers weren’t tragic enough, that last number alone should give all of us pause. While mere exposure to COVID means […]

How Permanent Insurance Fits Into Your Game Plan to Build and Protect Wealth

Permanent Insurance: Using the Two-Way Player Game Plan The pandemic caused me to watch more football this past season than any other. The game has changed much over the years. One remnant of a bygone era is the “two-way player,” who played both offense and defense. With a few rare exceptions, the two-way player is […]

USCIS Announces H-1B Visa FY 2022 Schedule – Registration Begins March 9

H-1B Visa The U.S. Citizenship & Immigration Services (USCIS) recently released the dates for the fiscal year 2022 Cap-Subject H-1B visa registration period. Please note the following: Registration Period: USCIS will start accepting registrations for cap-subject H-1B’s for Fiscal Year (FY) 2022 on March 9, 2021, through noon ET on March 25, 2021. Registration Completion: […]

Buying or Selling a Business: Asset Purchase vs. Stock Purchase

When buying a business, should you structure the transaction as a purchase of the assets of the business or as an acquisition of the stock of the selling corporation? Most transactions involving the sale of a business can be structured either as an asset purchase or a stock purchase. Asset Purchase An asset purchase is […]

What Is the Bert Harris Private Property Protection Act?

Florida is one of the only states in the U.S. that has a statute that gives a cause of action to a property owner when the state or local government takes an action that reduces the value of a property. This occurs by interfering with an existing use or a vested right without that government […]

How to Use Seller-Financing to Generate Income From Inherited Real Estate

Inheriting Real Estate I previously have written about considerations for heirs inheriting real estate in Florida who want to sell the property, such as in this blog article: https://www.legalteamusa.net/strategic-default-appropriate-decision/. Now, I’ll discuss issues related to how heirs can generate income through seller-financing an estate property. Many heirs have a greater need for income than to […]

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