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


Twitter Feed

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.

Should furniture be included in a contract to purchase real property?

Should furniture be included in a contract to purchase real property?

Real Estate Lawyer serving Jupiter, Stuart and Port St. Lucie Fl

Often in Florida, condominiums and residential homes are sold furnished.  The listing price may or may not include the furnishings.  If you are considering purchasing a furnished residential home or condomium or requesting the seller to sell some of the furnishings in a home, the best practice is to have a separate contract for the personal property.  There are many reasons for this practice.  First, any value given to the furniture and added to the price of the real property could create financing issues.  If the appraisal, which does not include personal property is less than the contract price, the financing may not be approved.

Another issue is the contract price for the property is value of the property.  Property taxes, document stamp taxes use the contract price of the real property to determine how much to assess.  Adding tangible items to the value of the real property will artificially inflate the value of the real property and could end up quite costly.

Issues with the furnishings can interfer with the pupose of the contract, the contract is to purchase real property.  If an issue arises regarding the purchase of furnishings, in the event it is separated from the contract to purchase real property, it will not interfere with the real estate transaction.   It is simply not a good idea to include the furnishings in contracts to purchase if it can be avoided.

Thank you so much for visiting my website.  If you have any questions, please do not hesitate to call.  I do offer free office consultations.

Can they take my car in Bankruptcy?

Can they take my car in Bankruptcy?

Whether a creditor can take your car or you will lose your car in Bankruptcy is not a simple yes or no question. There are many factors which will determine whether the equity in your car can be reached by a creditor and whether or not they would even consider spending the time and effort to attach your vehicle.

The video below discuss one of the issues which is title to the vehicle. Is the vehicle titled in more than one person’s name and how is that titled. If there is more than one person on the title, then whether you’re potential equity in the vehicle is subject to how the vehicle is titled. If the vehicle is titled between you “and” another party, then your interest in the asset is 50%. However, if the title indicates multiple party ownership using the conjunctive “or”, then either you or any other owner can transfer the asset. This distinction comes into play when determining the equitable stake in an asset.

Another factor in determining the equity is the wholesale value of the asset. In south Florida, most trustees use the Kelly Blackbook value. This is reasonably accurate. However, with each vehicle there can be factors which reduce the value including the operating condition, the overall condition, the mileage, etc… These factors are taken into account when determining the value of the vehicle. For the Bankruptcies I file here in Stuart, Port St. Lucie and Jupiter, I maintain an online annual subscription to the Kelly Blackbook. This gives us the up to date adjustments made to any vehicles value.

The other major consideration is whether or not the vehicle is liened (i.e. there is a loan on the car). The equitable value of the vehicle is the Kelly Blackbook wholesale minus the conditional adjustments minus the lien on the vehicle divided by the number shared owners. This is roughly the process used to determine the equitable value of the vehicle. If the lien exceeds the value of the vehicle there is no equity to attach. Then, when you file for a chapter 7 Bankruptcy, you reaffirm the loan through the bankruptcy. You can also choose to let the vehicle go and discharge your obligation to the lender for any potential deficiency owed on the vehicle (the difference between the value of the vehicle and the amount owed on the note).

If you are facing a financial dilemma and are looking for a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please give me a call.

Auto Accident Lawyer Port St. Lucie FL

Auto Accident Lawyer

Serving Stuart, Port St. Lucie and Jupiter FL

The traumatic event of an auto accident can have a serious impact on you.  It does not matter whether it is you or a loved one that has been injured.  The repercussions from the accident can have a prolonged and profound impact on your life.  It is difficult to understand how you will cope with the impact of this event.  How and who will pay your bills?  The Law Offices of Randall A. Fischer, P.A. work on a contingency basis, this means you do not have to pay an hourly fee to be represented.  Call my office and I will come to your home or meet you in the hospital.  These are difficult times and you do not need to be travelling to an attorney’s office.

The last thing you need when you are trying to recover is to deal with insurance companies.  Making sure you receive the amount to which you are entitled is our job.  The insurance company is looking at the bottom line.  I will help guide you through the process.  It is important to have support and expertise when attempting to make the appropriate determinations in personal injury cases and that is why you need to give my office a call.

The liable parties may extend beyond those personally involved in the accident.  Roadway conditions and maintenance, manufacturing defects, and vicarious liability may cast a wider net.  It is, therefore, very important to examine every aspect of the accident itself.

The impact of an automotive accident on your earning capacity is a real concern.  Insurance companies want to minimize the impact of your injuries and will want to categorize them as temporary.  It is important to have the proper evidence to support your claim and rebut their position when inaccurate.  I am on your side.  These are real life concerns and should be thoroughly evaluated.

The strength of your case depends on a combination of factors: tenacity of your advocate, the ability to properly assess your case, and the experience of the support team behind you.  The Law Offices of Randall A. Fischer, P.A. bring these attributes to the table.

If you are involved in an automotive accident and need a personal injury lawyer in Stuart, Port St. Lucie or Jupiter FL, call the Law Offices of Randall A. Fischer, P.A.  We are in your corner.

Real Estate Brokerage Charges Separate from the Commission

Real Estate Brokerage Charges separate from the Commission

I have received many calls and have had several consultations regarding charges appearing on HUD’s. Often some of those charges are applied without the client’s approval and knowledge prior to reviewing the HUD just before closing. Further, the client does not know what he is responsible for paying and why. Real Estate Brokerage companies like to include these charges on HUD’s when they had not been disclosed and contractually agreed to be paid by the buyer or seller of a home.

It is important to review your agreements with listing agents and buyers agents prior to entering into the contract. When you are deciding on an agent/brokerage firm a lot of the decision making is focused on the personality of the sales agent and the ability to show and sell the property. It is equally important to review the listing contract. This contract dictates your relationship. It governs how the property is sold and how much you are obligated to pay. If there is an aspect of the contract with which you are uncomfortable, let the agent know.  If the agent is unwilling to address the issue or indicates this is how they conduct business, you can either tell them you want to make the changes and if you are uncomfortable with making the changes contact a lawyer or don’t hire them. If you do not address this at the formation stage of contractual relationship, you will be subject to the agreement. Don’t put yourself in a situation where you are going to be upset at the closing.

Often one of these charges included in the listing contract is a charge which is characterized as a Brokerage Fee, or Contract Storage Fee, or it is called some other name. These fees are mentioned separately and are included above and beyond the commission. You do not have to agree to pay these fees. If they are contained in the listing agreement, remove them and let your sales agent/Broker know you are not paying them as part of the agreement. This is a contract. You can negotiate the entire document. If they will not agree to remove the fee, you can hire another real estate brokerage company. In the event they are not included in the listing agreement and they just appear on the HUD, tell the sales agent/Broker that you will not pay these fees and that you did not agree to pay these fees. The real estate sales agent and the Real Estate Broker are compensated via the commission received on the contract.  If you have any issues regarding fees listed on the HUD, first talk to the title company handling the closing, explaining that the fees were not agreed upon and are not part of the contract.  If the Title Company and Real Estate Brokerage firm do not agree to remove the fees, call my office before closing.  You will have to pay for the consultation, but it should be less than the fees.  It is also important to make sure you receive the preliminary HUD and review it carefully before closing.  If you do not understand the HUD, first call the title company and request they review the charges and how they arrived at the figures on the HUD.  If they do not properly explain these figures to you, call my office and we can review them.

If you are buying a home and see charges on the HUD to which you had no knowledge and did not agree to pay prior to closing, request to see the source of the fees and where you agreed to pay for them.  You should have received an estimated fee schedule prior to hiring the title company and a fee schedule from your bank, check the figures listed on the HUD against the figures in the estimate.  If there are figures that you did not agree to pay, request they be removed.  If there are figures which are not near the estimate, request the figures be reduced.  If they will not agree to reduce, call my office.  Do not close.

If you have any questions about the fees being charged by your realtor, need help reviewing you contract or closing documents, or need help sorting out a real estate matter, please give my office a call and schedule an appointment.

 

What is a Motion for Summary Judgment?

What is a Motion for Summary Judgment?

Either party may file a motion for summary judgment.  The filing party is requesting the court to rule on the case as a matter of law.  This means there are no questions of fact in dispute.  The motion is used to expedite the resolution of a dispute.  Affidavits, pleadings, depositions and other evidence which would be admissible at trial are reviewed by the Judge to determine whether there is a question of fact.   The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

Motions for summary judgment can be used for almost any legal action.  However, actions regarding the contract disputes lend themselves readily to use of this type of resolution.  Most recently here in Florida, foreclosure actions have taken stage front and center, many of which have been disposed of through the Plaintiff’s use of the Motion for Summary Judgment.

If you are involved in a dispute which may result in litigation in Stuart FL, Port St. Lucie FL, or Jupiter FL and need a lawyer, please give my office a call.  It is important to address your legal rights before you get to a point where the opposition has either filed for a default or for a Motion for Summary Judgment.