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A Guide To Breach Of Contract Issues For Brokers And Agents That A Residential Real Estate Lawyer Can Help With

Posted by on 11:06 am in Uncategorized | Comments Off on A Guide To Breach Of Contract Issues For Brokers And Agents That A Residential Real Estate Lawyer Can Help With

If you are a real estate broker or agent, you are likely to already be familiar with the possibility of being sued after a real estate deal has completed or even as the result of a failed real estate transaction. Unfortunately, there is the very real possibility that a lawsuit could result in significant financial loss. Even if the case is ultimately decided in your favor or it is dropped prior to making it to court, the issue could result in the loss of future income because of the bad PR. Therefore, it is a good idea to be aware of the information below so that you can have a clear understanding of what constitutes a breach of contract and how you can prevent its occurrence. The Breach Of Contract It is important to understand that there are numerous ways that a breach of contract could occur. Whether it is the seller changing his or her mind at the last minute or the buyer needing to extend the date of purchase, that last-minute change can be disastrous. Therefore, it is essential for both parties to have full knowledge of the contract prior to signing any binding paperwork and a real estate attorney can help you customize a contract to clarify specific concerns that could be of interest to both parties. While standard contracts are often available for a nominal fee, it is a good idea to elect for customized paperwork from a respected real estate attorney. Given the propensity of experienced buyers and sellers to skim the paperwork because they are overly confident of their existing real estate knowledge, that step is crucial. In addition, many buyers are surprised to learn that if they extend the closing date by as little as a day, the contract could be voided and the seller may be allowed to keep the earnest money. It will ultimately be helpful to not only discuss that problem with your client but also to have it clearly and succinctly explained in the contract. Making sure that both parties sign off on their understanding of that information is also a good idea. By listing that within a very visible portion of the paperwork, it would be almost impossible for someone to say later that they were not provided with that caveat.  What You Say Can Be As Important As What Is In Writing One issue that is easy to overlook as a realtor or agent who is just trying to help people find or sell a home is that a breach of contract does not have to be written. Instead, it is possible for it to be a verbal issue. For example, it is never a good idea to make statements about your confidence in an increased property value of the home in the future or that you are sure the owner will consent to include certain items in the home for the buyer. Since you must protect your interests by consistently being an accurate and honest communicator with all sellers and buyers, you should be careful to never make a statement you cannot follow through with. In addition, avoid vague statements that could be subject to misinterpretation later. Encourage Legal Representation For Both Parties It is also important for you to make sure that both parties understand how important it is to have their own legal representation, so...

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3 Tips For Hiring A Corporate Lawyer For Your Start-Up Business

Posted by on 12:45 pm in Uncategorized | Comments Off on 3 Tips For Hiring A Corporate Lawyer For Your Start-Up Business

First off, you should know that hiring a corporate lawyer for your start-up business is something that is highly important. This is because your lawyer is going to help you establish rules and guidelines about ownership between you and your co-founders. Without this type of contract being drafted, you can potentially lose control over your business over time and there won’t be anything that you can legally do about it. Now that you know why you need a corporate lawyer, here are three tips to help you hire the right one for your start-up business: Don’t Fall for Free Time Lawyers Some corporate lawyers will target start-up companies offering free time services. However, you have to keep in mind that nothing is going to be free. At some point in the future, these lawyers are going to expect to be paid for their services in the future and it often includes additional fees that ensure your lawyer is making up for that time of not getting paid. Instead, you should seek out a corporate lawyer yourself who will provide services for a reasonable amount of money that you can either pay up front or later on without any additional hidden fees. Be sure to read through their contract to ensure that this will be the case.  Don’t Choose a Name Brand Lawyer Corporate lawyers that work for a name brand law firm are going to be much more expensive and, realistically, not many start-up businesses are going to be able to afford their services. Instead, it’s best to find corporate lawyers who have their own practice. Most of the time, their prices are going to be significantly more affordable for your start-up business. On top of this, you are sure to get the same quality of services, so long as you choose a lawyer who has a good reputation.  Young Lawyers Will be More Interested in Your Business When it comes to seeking out a corporate lawyer, it’s best to choose a lawyer who has a bit less experience than others. This is because lawyers with a significant amount of experience are looking for clients that can pay them more and have more challenging work for them. When you are a start-up business, you won’t have challenging legal work for your lawyer. This is why it’s best to hire a lawyer looking to gain experience. They will have the basic knowledge to establish your start-up company with you gained from law school and will be more interested in the work and invested because they won’t have bigger companies taking up more of their time.  When you know these three tips for hiring a corporate lawyer like Carter West Law firm, you can hire the right one for your start-up...

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Times That You Should Hire A Private Investigator To Observe Your Teenager

Posted by on 2:54 pm in Uncategorized | Comments Off on Times That You Should Hire A Private Investigator To Observe Your Teenager

Parenting a teenager presents a unique set of challenges and can occasionally be a difficult period. When you suspect that your teen has been engaging in behavior that you do not condone, you might be quick to confront him or her. However, unless you have solid proof that this behavior is indeed occurring, the confrontation will be difficult because it will essentially be a situation of “he said, she said.” Instead of trying to spy on your teenager to observe his or her habits, consider calling a professional for help. A private investigator has the skills and tact to observe your teen without getting spotted, which can provide you with evidence of his or her behavior and help you be informed. Here are some times that you’ll want to hire this investigator. You Believe That He/She Is Doing Drugs Teen drug use is a serious concern and a clear threat to your child’s health. If you suspect that your teen is using drugs and you want to send him or her to a treatment facility, you’ll first need proof. Your private investigator should be able to get this proof for you. The investigator will use high-quality camera gear that can capture images of your child buying drugs (or visiting a high-drug area), for example. If your child is using the drugs in a public area, the PI might be able to document this with photos, too. You Believe He/She Is Committing Crimes The last thing any teenager needs is a criminal record, and using a private investigator might be able to catch your teenager in the act with the hope of scaring him or her straight. For example, if you think your teen has been shoplifting, the PI can follow the teen into a retail area and hopefully take photos or videos that depict the crime. You can then use this evidence to confront the teen. You Believe He/She Is Involved With Gangs Even if your teen isn’t specifically committing crimes, membership in a gang can seriously derail a teenager’s life. However, it can be difficult for you to actually prove that your child and his or her friends are part of a gang. This is a job for your local PI, who can survey the scene and gather evidence that suggests a gang membership, such as dressing in the same manner, using gang signs, or even engaging in activities such as gang initiation. Armed with this proof, you can have a serious discussion with your child about the risks of this lifestyle. For more information on hiring a private investigator, contact a company like Blue Systems...

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Is The Bartender To Blame? What You Should Know About Bartender Liability Laws

Posted by on 10:12 am in Uncategorized | Comments Off on Is The Bartender To Blame? What You Should Know About Bartender Liability Laws

If you have been charged with a DUI after a night out in a bar, you may think you have no one to blame but yourself. While you bear much of the responsibility, most every state in the nation now prohibits the sale of alcohol to clearly inebriated individuals. While there is some variance among states, the bottom line is that bartenders and those serving alcohol can receive much of the liability through violation of the laws in place to protect those drinking in an establishment. The following is information about these laws and how your bartender could be held liable. How Can A Bartender Know You’ve Had Too Much? Bartenders are not at liberty to perform any type of DUI screening, but they are supposed to know what to look for in a person once they have had too much to drink. Being intoxicated is often described as a person who has had enough alcohol that it observably affects a person’s overall disposition. Some of these things include an inability to balance, knocking over drinks or lack of coordination, bloodshot eyes, slurred speech, and an overall disheveled appearance. Any of these can signal a person who clearly has had too much to drink. Are The Laws Always Enforced? The answer to this will depend largely on where you live. In some areas, the laws are very strict and are fully enforced. However, other areas of the country do not follow them as strictly. For instance, in areas that are known for wild partying, such as New Orleans or Las Vegas, you will not find as much enforcement as you would in smaller, less raucous areas of the country. In addition to geographical region, there are some practical reasons why these may not always be enforced. In areas that have a very small budget for law enforcement, you may find that they focus on the more critical areas of the law, like robbery or murder. Still other areas are not enforcing the laws because they are somewhat undefined and unclear. This can lead to inconsistent enforcement, which can lead to a completely different set of legal issues for bartenders. While there are laws in place to prevent over-serving to inebriated people, keep in mind that there is quite a bit of ambiguity in the laws. If you are hoping to get out of your DUI charges by placing blame on your bartender, you will need to work closely with your DUI attorney to see how often these laws are enforced where you...

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Just Win A Personal Injury Case? Know Who May Want Part Of That Settlement

Posted by on 9:18 am in Uncategorized | Comments Off on Just Win A Personal Injury Case? Know Who May Want Part Of That Settlement

Once you receive your settlement from a personal injury lawsuit, your goal will be to use that money to compensate you for the injuries that you sustained, and hopefully return to the life that you had before the injury. Unfortunately, this may not be possible, since there always seems to be people out there that want to take that settlement from you once you get it. Be aware of these three types of people that want their share. Health Insurance Providers Since a personal injury case can take time to settle, your insurance provider understands this and helps by paying for the bills until your court case is settled. Once you receive your settlement money, they are going to want to get back the money that is owed to them. With medical bills being such a large part of the settlement, you’ll want to make sure that your insurance provider is not taking more than what they are owed. Be sure to go through your medical bills and make sure that any that are not related to the accident are not included in the amount that you owe them. For instance, you do not want the mistake of a doctor visit related to an annual check up being billed to your settlement claim. Former Spouses Do you think that it’s possible that you will be getting divorced? Know that your spouse may want part of that settlement claim. State laws may define that settlement claim as marital property rather than personal property. This means that the money will be divided during divorce proceedings based on state laws about how property is divided. You can prevent this from happening if you live in a state with common-law property. You need to deposit money related to the settlement into a personal bank account rather than a joint bank account, which keeps the settlement in your name. If you do not combine the settlement money with other assets, you won’t need to divide it later during a divorce. Creditors A personal injury can leave somebody with financial troubles, especially if they’re out of work and having difficulty paying the bills. Creditors are going to come after you to get back money that you owe them, and you might not be able to keep them away for very long. Be familiar with your state laws and if filing for bankruptcy will let you keep your settlement money. Work with your lawyer to help deal with any of these people that want a part of your...

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Tips For Gathering Evidence For Your Personal Injury Case

Posted by on 9:09 am in Uncategorized | Comments Off on Tips For Gathering Evidence For Your Personal Injury Case

The results of your personal injury settlement or trial are highly dependent upon the evidence you have. This evidence needed isn’t just to prove that you were injured or that your injuries were severe, but also to show that the person or entity you are suing was negligent and responsible. The following tips can help you gather and preserve the evidence you need. Tip #1: Arrange for prompt photographs at the scene The best option is to take out your smartphone or camera and snap some images of the accident scene from several different angles immediately following the injury. You want to make sure that you get shots that show both the general environment and the direct cause of the accident. If you or someone you trust can’t take pictures immediately, then you need to have pictures taken as soon as possible so that the scene can be captured as close as possible to the condition it was in at the time of the accident. Tip #2: Write down the details As soon as possible after the injury, perhaps while waiting in the emergency room, write down all the details that you remember. This includes the time, date, and location, along with all the particulars of the accident. Try not to overlook anything. For example, if it was raining outside, make sure that you note the weather. This write-up will be used by your attorney as they begin building the case, so don’t show it to any insurance adjusters or attorneys for the other party unless your attorney gives you the go-ahead. Tip #3: Check for videos Surveillance videos are becoming more common, whether from private residences or business owners. First, check with the property where the accident occurred. Your attorney will be able to secure a copy of any video that caught the accident. Also, check with neighboring businesses or residences to see if they had a surveillance video that caught the accident. If there is a camera that picked up the area, then request a copy of the video to use as evidence. Tip #4: Document your injuries The final piece of evidence will be your exact injuries. This means photographing the injuries as soon after the accident as possible. You will also need to save all medical paperwork pertaining to the injuries, including any written statements by the treating physician, diagnostic and treatment paperwork, and invoices. For more help with gathering the appropriate types of evidence for your case, contact a personal injury attorney in your...

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Essential Tips For Getting Through A Divorce

Posted by on 7:38 am in Uncategorized | Comments Off on Essential Tips For Getting Through A Divorce

Going through a divorce is likely to be one of the most stressful experiences of your life. It involves more than just your emotions, but affects your lifestyle, finances, home, and your children and pets if you have them. Here are some tips for getting through the divorce without too many arguments. Use a Mediator While you also want to have a divorce attorney from the beginning of the divorce process, you and your spouse should also consider going to a mediator. The mediator is a neutral third-party that helps you resolve any issues you might have. These might relate to who gets the house, who your children will live with, and what to do about a business you started together. Mediation is a great way to get past some of your disagreements and come to a reasonable compromise. Work Out issues Before Involving Your Children Try not to let your children know about the divorce until you have worked out some of the major issues. This doesn’t mean lying to your children until you have already divorced, but simply working out some of the bigger decisions beforehand. For example, by the time you speak to them about the divorce, you should already know which parent is remaining in the family home, and which parent is moving. The parent that is moving should already have a stable place to live and should be nearby, which can ease the child’s mind. Try to make the most important decisions first, but do leave it up to your children to decide who they live with if at all possible. Get Separate Bank Accounts Immediately Separating your finances is something you need to do right away, as soon as you have decided to separate or divorce. If your only bank account is a joint account, now is the time to separate it. If only one of you is employed, you will need to decide how much money to leave in your spouse’s bank account so they can still care for your children and pay for basic needs. Alimony may be something to deal with later on. If you both work, you simply have your own paychecks being deposited into your account, making it a simple way to separate the finances. Be Willing to Compromise It is really important to be open to compromise during a divorce. Nobody is going to get everything they want, so the sooner you accept that, the quicker the divorce will be. For an uncontested divorce, this means being willing to let go of some things you might want. If your spouse gets the house because they will have custody of the children, then you should get your choice of the cars. Try to separate the property in a way that is both fair and logical. For more information, contact local professionals like The Law Office of Rita M Gribko...

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Prevent Work-Related Injuries: 4 Tips That Will Reduce On-The-Job Accidents

Posted by on 2:27 pm in Uncategorized | Comments Off on Prevent Work-Related Injuries: 4 Tips That Will Reduce On-The-Job Accidents

If you’re in charge of managing a team of employees, you need to make sure that you maintain a safe work environment. Studies show that over 1 million work days were lost due to work-related injuries in 2014 alone. To promote work safety, and reduce the occurrence of on-the-job injuries, here are four safety procedures you should implement at the workplace. Prohibit Shortcuts It’s natural for your employees to want to finish the job ahead of schedule. However, if your employees are taking shortcuts to get the job done quicker, they could be jeopardizing their health, as well as the health of their co-workers. Cutting corners could lead to safety violations that might result in catastrophic injuries. To promote safety, and prevent work-related injuries, be sure to discourage shortcuts. Insist on Transit Safety If your employees use any type of vehicles on-the-job, whether they’re delivery trucks, tractors or forklifts, be sure to insist on transit safety. Your employees should inspect their equipment at the beginning of each shift. Problems should be taken care of immediately. In addition to the daily inspections, you should ensure that your company vehicles and motorized equipment is thoroughly inspected for safety issues at least once a month. The monthly inspections will ensure that safety concerns are addressed before they result in workplace injuries. Require Proper Clothing You might think that proper clothing only includes safety gear such as hardhats, goggles and work boots. However, even if your place of business doesn’t require that type of gear, you still need to make sure that your employees wear proper clothing at all times. This includes ensuring that your employees dress for the weather conditions. Employees that do not wear appropriate clothing for the temperatures – whether hot or cold – are in danger of suffering from weather-related illnesses and injuries. For instance, employees who work in the cold without appropriate clothing may suffer from hypothermia, which will require them to miss work, or suffer permanent injuries. Conduct Safety Inspections The workplace can be a dangerous location, especially if it’s not properly cared for. To make sure that your employees are not working under conditions that could lead to on-the-job injuries. Pay close attention for conditions that could lead to slip and fall accidents or fires. If you’re responsible for employee safety, you need to be on the lookout for conditions that could lead to work-related injuries. The information provided above will help you identify procedures that will keep your employees safe. For more information, visit websites like...

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Why You May Be Plagued By Headaches After An Accident

Posted by on 1:40 pm in Uncategorized | Comments Off on Why You May Be Plagued By Headaches After An Accident

If you have been involved in an accident, watch out for headaches that may begin in a few hours or day’s time. Remember you are supposed to be compensated for all injuries that you can prove. It may be difficult to connect your headache to the accident, especially if you did not consider the accident serious. Here are some of the potential causes of post-accident headaches. Referred Pain Referred pain emanates from other parts of the body and manifests itself as a headache. For example, injuries to parts of the body near your head, such as the neck and shoulders, can spread to your head and be felt like a headache. This may happen even with subtle injuries. For example, stretched muscles or bruised nerves may not produce any physical/external symptoms, but can result in serious headaches. Concussion Concussion, which is a mild form of traumatic brain injury, occurs when you receive a blow to the head. Unfortunately, the severity of a concussion isn’t indicative of the severity of the headaches that might follow. Thus, you might experience a relatively mild blow to the head and later experience a severe headache associated while another person might develop a mild headache after a serious head injury. Therefore, you might fail to connect your post-concussion headache to your accident. Whiplash Whiplash is the name given to the neck injury you develop if you experience a sudden movement of the head backward and forward. One of its symptoms is a severe headache concentrated at the base of the skull. Whiplash can occur with any type of accident, but it is most common with read-end collisions. Like a post-concussion headache, the symptoms of whiplash may begin days after the accident, which means it is another injury you might fail to connect to its real cause. Analgesic Rebound Analgesic rebounds are caused by painkillers. This is ironical because the same drugs you may be taking to deal with the above forms of headaches may also cause further headaches. The more painkillers you take, the more you are likely to develop analgesic rebound headaches. That’s why it’s not advisable to self-medicate after an accident; you may end up abusing your painkillers (and creating further headaches) in the name of treating your post-concussion issues. Remember to get treatments for and keep records of your headaches if you want compensation for them. Even if a headache is the only pain you are feeling after a car accident, tell your doctor about the crash. This will help you both with the treatment and claim process. For a personal injury lawyer, click this link http://caminezlaw.net or do an online...

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Deep In Debt And Considering Bankruptcy? 3 Steps That Can Help You Avoid Problems

Posted by on 10:02 am in Uncategorized | Comments Off on Deep In Debt And Considering Bankruptcy? 3 Steps That Can Help You Avoid Problems

It doesn’t take much to lose control of your finances. You have a couple of missed payments, and suddenly, you’re so far behind that you can’t catch up. If your finances have spiraled so far out of control that filing for bankruptcy is the only option, take the time to do it right. Bankruptcy is a viable option for getting out of debt and giving you the fresh start you need to get back on your feet. However, even a small mistake during the process can delay or even stop your bankruptcy proceedings. Here are three steps you should take to avoid making problems when filing for bankruptcy protection. Seek Legal Advice If you’re going to be filing for bankruptcy protection, the last thing you want to do is go it alone. Bankruptcy laws are complex and confusing. A bankruptcy attorney will be able to explain the laws and how they apply to your specific situation. They’ll also be able to ensure that you file for the right protection. This is important, especially since there are two different types of personal bankruptcy chapters,  Chapter 7 and Chapter 13, that you can seek protection through. Each one has different eligibility requirements. Don’t Hide Assets When it comes time to fill out the paperwork for your bankruptcy, you’ll be required to identify all of your assets. Depending on the type of bankruptcy you file for – Chapter 7 or 13 – those assets may be used to pay down your debt. One of the biggest mistakes you can make is trying to hide those assets. You might think that gifting your assets to family members or simply not disclosing them will allow you to keep them. However, if the bankruptcy court finds out about the hidden assets, you could face penalties, such as criminal charges. Disclose All Debts Only the debts that are listed on your bankruptcy paperwork will be discharged. That’s why it’s crucial that you disclose every debt. Once you file for bankruptcy, your creditors will be notified about the proceedings. From that point on, they will no longer be allowed to contact you regarding repayment efforts. However, if you’ve failed to disclose any debts, those creditors will still be allowed to continue with collection efforts. You can avoid being left with outstanding debt by taking your time to identify each debt you owe and each creditor you owe it to. If you need to file for bankruptcy protection, make sure you avoid costly mistakes. The information provided above will help you navigate the process. If you have other questions about bankruptcy, be sure to speak to a bankruptcy...

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