Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Randall A. Fischer

A Lawyer of Stuart, Port St. Lucie, Jupiter, Florida which is a Florida Supreme Court Certified Appellate, Circuit Civil and Family Mediator.

Business Planning

Business Planning

This importance of business planning at the onset of any venture cannot be stress enough. In my practice, I see many businesses that fail due to improper planning at the outset. This planning has many dimensions. Many businesses fail because they do not property analyze and assess their market prior to making a commitment to begin the business, others fail because they are undercapitalized, others fail because there has been no contingency for the death of a principal, others lack the proper structure and organization, and still others fail for personal issues between the principals. There are a multitude of issues which can surface during the operation of a business which can ultimately lead to its demise. Therefore, before jumping into business take the time to thoroughly examine the potential issues first and plan contingencies to address them.

Your financial and marketing business plan should be carefully completed and reviewed by a third party professional. Your business structure should be crafted to address your business growth plan and demands. Issues regarding the potential dissolution should be addressed in the operating documentation to clear-up any ambiguities and to tackle the issues head-on. This should not be an area that is avoided because one of the principals may take offense or will not negotiate or simply believe everything has been clearly stated without written documentation signed by the parties agreeing to the structure.

There are many issues which from accounting methods to the disbursement of profits that need to be address at the inception in order to make sure the business runs smoothly and that all of the parties are on the same page. This is not the time to be shy. Do these before you begin the business and save yourself a world of heartache, financial grief down the road.

If you are planning on going into business address as many issues as possible, have the documentation reviewed by professionals including a lawyer, business consultant, banker and an accountant.

If you need assistance with setting up your business, please give my office a call.

 

Personal Liability Business Contracts

Personal Liability in Business Contracts

When entering into any contract it is extemely important to know and understand the terms of the contract.  Often, clients have come into my office after unwittingly signing an agreement which included a personal liability clause.  There have also been situations in which the client signed as a guarantor which also included a personal guarantee for a friend or a relative.

In general, personal guarantees are a fact of life in business contracts including loans, franchise agreements, leases, etc…  That being said, nothing is set in stone.  It is important to negotiate before signing.  It is also important to know what you are negotiating before signing.  Just because a contract is printed or is a standard form doesn’t mean it cannot be changed.

It is important to consult with a lawyer before potentially creating a legal morass of unintended liability.  It is important to nip this in the bud.

If you are contemplating any contractual relationship, it is important to consult with a lawyer before signing the contract.  If you need a lawyer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call.  Thank you for taking the time to review my website.

How do I re-establish my credit after Bankruptcy?

How do I re-establish my credit a Bankruptcy?

Don’t expect your credit to rebound overnight after filing for bankruptcy?  However, there are some very important steps you should take after your discharge.

First and foremost, make a budget.  Know what you need to spend to maintain your current lifestyle.  It is also important, as part of that budget to set some money aside for a rainy day.  As hokey as this sounds, it is very important to have a safety net in the event that something unexpected occurs.

Usually after your discharge you will receive applications for secured credit cards.  These cards can help you begin to rebuild your credit.  It is important to pay them on time and try to pay them off each month.  Attempting to rebuild your credit requires discipline and diligence.  Stay within your means.  If you cannot pay for it, don’t buy it on credit.  When using your secured credit card set aside the money you would have otherwise spent on the item purchased.

It is also important to check your credit 30 to 60 days after you have been discharged to make sure your discharged debts show a zero balance owed.  If they have not, contact the credit reporting agency and demand the correction be made.  If no action is taken, you may want to contact a lawyer.  Failure to properly report your credit is subject to the Fair Credit Reporting Act.

Another reason it is important to have the balances reported as zero and discharged, is because your current credit is based upon your history of payments and your available credit.  Balances on discharged debts not properly reported will not only have negative effect on your credit history; the balances will also show monies due on closed lines of credit.  The availability of credit is closed on an account which should not be included in your post-bankruptcy discharge credit report calculation (Know that all of the discharged creditors will appear on your credit report, but they need to have a balance of zero and the reason can read discharged in Bankruptcy).

On the subject of credit availability, as you re-establish your credit, keep your balances low.  This will help your credit score climb.  Therefore, if you have had a secured credit card for 1 to 2 years, maintained timely payments and kept the balance low, you can apply for store and gas station credit cards.  Once you obtain one of these unsecured lines of credit, use it and pay it off every month.

If you are married and you filed for bankruptcy and your spouse did not or you married after filing for bankruptcy, you may be able to obtain unsecured credit through your spouse.  Again, it is important to make your payments on time and keep the balances low if not at zero.

I hope this information has been helpful and I appreciate your visit to my website.

If you are in need of debt settlement or need to talk a lawyer about whether or not you should consider filing for Chapter 7 or Chapter 13 Bankruptcy in Stuart, Port St. Lucie or Jupiter FL, please give my office a call.

Lawyer Port St. Lucie FL Free Consultation

Lawyer Port St. Lucie FL Free Consultation

There is always apprehension associated with contacting a Lawyer.  You wonder how much will it cost to sit down and talk to the lawyer.  Often, clients will forgo visiting an attorney and attempt to handle their own cases on their own only to put themselves in a more difficult position.  I offer a free consultation.  This affords you the opportunity to have your case evaluated and find out whether you feel comfortable with me and me with you.

If you are looking for a lawyer in Port St. Lucie, Stuart or Jupiter FL, please give my office a call.  We will schedule your free consultation.  Thank you for coming to my website.

Contract Lawyer Stuart FL

Contract Lawyer Litigation, Stuart, FL, Port St. Lucie FL, Jupiter FL

As a contract Lawyer in Stuart FL, Port St. Lucie FL, and Jupiter FL, I am familiar with the implied warranties.  They are often overlooked and, yet, they can carry some serious legal weight.

There are implied warranties of merchantability and fitness that are disclaimed without much thought today.  Yet, these warranties are the basis of year’s legal development and were created to make sure the buyer’s reasonably ordinary expectations would be met.  Often, these warranties are contractually disclaimed and written-off without out much thought.

Interestingly enough, the Florida Supreme court issued an opinion regarding on July 11, 2013 regarding the application of implied warranties of fitness and merchantability via warranty of habitability for Developers in a real estate development (See MARONDA HOMES, INC. OF FLORIDA, etc., et al., Petitioners,v.LAKEVIEW RESERVE HOMEOWNERS ASSOCIATION, INC., etc., Respondent.T.D. THOMSON CONSTRUCTION COMPANY, Petitioner,v.LAKEVIEW RESERVE HOMEOWNERS ASSOCIATION, INC., Respondent., No. SC10-2292, No. SC10-2336).  The case centered on whether or not a developer can be held liable for this/these warranties, which did not concern the construction of the dwellings, but to the infrastructure which supported the dwellings (i.e. water and sewer drainage, road construction and run-off, retention ponds, etc..).  The opinion is a very interesting discussion on the development of implied warranties and the change and growth in the application thereof.

This opinion is worth reviewing.  It goes beyond the application of the common law and addresses Florida Constitutional issues which arose while the case moved through the courts.  Ultimately, the Florida Supreme Court agreed with the decision below and held that the implied warranties of fitness and merchantability apply to the improvements that provide essential services to the Lakeview Reserve Homeowners Association. We remand this case to the trial court for further proceedings and factual determinations as may be required, all to be pursuant to and in accordance with this opinion. Further, section 553.835 does not apply to any causes of action that accrued before the effective date of this section.

The Florida Supreme Court distinguished the application of the new legislation through the Constitutional arguments of Due Process and Separation of Powers.  The holding on this case may be fact specific.  However, the review and arguments are very interesting.

The point of this post is to create awareness.  There are implied warranties of merchantability unless the product being sold is sold “as is” or “with all faults” and even then there could be other causes of action, which if you do not consult with a Lawyer you will not be aware.

If you need a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please give my office a call.