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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Our Widerman Malek team is focused on explaining issues pertaining to tax, bankruptcy, wealth transfer and preservation, as well as trusts and estates in plain language. Today, the focus is on President-elect Biden’s tax proposals and the potential comprehensive changes. Given the possible impacts, we are urging our clients and friends to contact us now. […]
Promise in Brevard recently named Widerman Malek attorney Mason Williams as a member of its board of directors. Established in 2009, Promise is a 501(c)(3) nonprofit organization with a mission to provide affordable, independent housing for individuals with cognitive and physical disabilities utilizing public and private partnerships to develop a model community. When announcing the […]
Eminent Domain The purpose of an eminent domain action is to compensate the property owner properly for the property that the government is taking for public use. It is important to understand the different ways that the property that will be taken is valued. There are three main methods that real estate appraisers customarily use […]
