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.

Lawyer Palm City FL

Lawyer Palm City FL

My name is Randall A. Fischer.  I am a lawyer in Stuart FL, with offices in Jupiter and Port St. Lucie.  I service the entire Treasure Coast and Palm Beach County.  I wanted to take the opportunity to introduce you to me through my website.  I believe in taking a pro-active stance to most situations.  It is much better to be on the pro-active side than the reactionary side of any potential issue.  It affords more opportunity to define and address the concerns rather than responding, which influences the direction of the issue.   I also like to analyze any given situation, breaking it down into its parts, to find potential solutions which may go otherwise undiscovered.  There is a lot to my website with which I hope you will take the opportunity to explore.  I am always adding different topics.

My practice itself is in the following areas:  Bankruptcy, Business and Corporate Law, Civil Litigation, Contract Law, Foreclosure Defense, Mediation, Real Estate Law, Wills, Trusts, and Estates.  I hope you will take the opportunity to explore my website.  I am just over the bridge in the Blue Glass Building at the intersection of East Ocean Blvd. and Monterey.  My address is 2100 SE Ocean Blvd., Ste. #203, Stuart, FL, 34996.  If you have any questions, please feel free to give my office a call (772)463-7737.

Again thank you so much for visiting my website and I look forward to hearing from you.

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What does Arm’s Length Mean?

What is an “Arm’s Length” transaction and what does that mean?

 

I have had client come into my law office in Stuart, FL. and ask me what this means and how does it apply their transaction.

Quite simply an “Arm’s Length” transaction is a transaction between two unrelated/noninteractive parties.  That means there is no association between the parties which would otherwise affect the overall transaction.  Each party is acting independently with their own self-interests at heart.  Further, there is no undue pressure or duress placed on either party to behave differently.

Arm’s length transactions are important when it comes to determining fair market value for a product or service.  When a third-party is dependent upon the price reached for a product (i.e. the bank in a short sale), it is very important the transaction be free from any entanglement between the buyers and sellers.  This can include relatives, friendships, business associates, or other defined relationships.  The transactional goal is to reach an unadulterated price which is actually fair market value.

If you think you may have a problem with completing a transaction that should be otherwise “Arm’s Length,” then you most likely do have a problem.  It is easier to avoid this pitfall before getting involved than extracting yourself after the fact.

If you are looking for a Lawyer in Stuart, FL, Port St. Lucie FL, or Jupiter FL, familiar with contracts, short sales, and other transactions which may be subject to an “Arm’s Length” provision, please give my office a call.

Thank you for viewing my website and have a wonderful day.

What is a fiduciary?

What is fiduciary duty? What is a fiduciary?

A fiduciary is a person placed in a position of trust for another in which they must act to the benefit of the other, placing their interests first, above their own.  It is a relationship based upon trust, honesty and good faith.   It is also important to note that the existence of the relationship is factually specific.  This means whether or not there is indeed a fiduciary relationship is subject to the scenario surrounding the creation of the relationship.

There are many circumstances in which this relationship can arise.  Most often the fiduciary relationship occurs in trust between the trustee and the beneficiary.  However there are numerous circumstances in which this relationship can develop, including, but not limited to, the following:  attorney/client, broker/customer, financial advisor/client, or almost any circumstance of complete trust is created.  The relationship is built on trust.

If you find yourself in a position where you do not know whether or not this duty exists and need a lawyer in Stuart, FL, please give my office a call.  This is not as easily defined as it would appear and there have been many cases defining this relationship between the parties.

Thank you for your consideration and visiting my page, Randall A. Fischer Lawyer Stuart Fl.

Stigma Associated with Financial Difficulties

Bankruptcy Lawyer Jupiter FL

Stigma Associated with Financial Difficulties:  What is going to happen to me?  What will other people think of me?

There is a self-imposed prison available to anyone of us at anytime.  It is a perception of others perceiving our behavior and judging us based upon our own conceptions of their perceptions.   Although attempting express this condition in a blog is a difficult task and may come across as almost psycho-babble and circular, many clients make decisions based upon this self imposed prison.  It can make it very difficult to move forward and deal with some very difficult financial decisions.  Many times the situation continues to worsen and the prison walls close in tighter.  As time passes, the perception grows worse and the external pressure of the financial stress increase.

It is important to know there is a solution and it is not as horrific as usually imagined.  I do understand how this occurs (I wouldn’t be human, if I didn’t).  The solution lies not only in addressing the financial issues, but also knowing how it occurred to begin with.  It is also important to understand that our perception of what others perceive us to be our simply that.  Our own beliefs, feelings, and thoughts manifesting themselves through what we believe others to be thinking.

Why am I even mentioning this at all?  The point I am trying to make is three-fold.  When you are in a difficult financial position, do something about it.  It is important to take the proactive first step instead of letting the situation continue to attack you financially and psychologically.   Call a Lawyer in Jupiter Florida willing to help you.  My name is Randall “Randy” Fischer.  I can help.

The second point is I understand how difficult the decision can be to file for Bankruptcy in Jupiter FL.  Don’t let what you don’t know or your perceptions hurt you.  Call my office and schedule an appointment.  The first consultation is free.

Finally, you do have more choices than you may be aware.  We can discuss all options regarding whether to file a chapter 13 bankruptcy, a chapter 7 Bankruptcy or work on debt settlement.  We can discuss the tax consequences of debt settlement vs. Bankruptcy.  We can strategically plan your financial future, reviewing your assets and liabilites.

If you feel the weight of the world on your shoulders, give me a call.

Contract Lawyer Port St. Lucie FL

Contract Lawyer Port St. Lucie FL

Contract law is a very broad area of the law.  Many clients think the situations subject to contracts are quite simple and very clear.  However, often issues arise which were either not addressed or even conceived of in contract, conditions precedent not fulfilled, critical elements not addressed.  There are other issues which may be collateral to any breach which could also create liability which had not been taken into consideration prior to entering into the agreement.

When issues arise as to the existence of a contract and whether there has been a breach the elements of the contract are evaluated and the defenses to nonperformance reviewed.  This is where the practice of contract law gets involved.  Was there an offer, an acceptance, and appropriate consideration.  When these elements are broken down as to whether there was mutual assent to the terms of the agreement (i.e.”a meeting of the minds”) the understanding between the parties may dramatically differ.

Was there a promise to enter into a contract versus a mere invitation to deal with preliminary negotiations?  Were there certainty and definiteness in the essential terms and were those terms communicated to the offeree?

It may be difficult to believe there are so many issues which arise under what would be believe to be clearly drafted and executed contracts, but it occurs frequently.  First and foremost, if you are entering into a difficult contractual situation, write down what you believe you are responsible to complete under the contract.  Second, hire an attorney and review your expectations with the attorney and allow him to review or draft the contract.  Finally, it is important to think about situations that may occur which are routine to the transaction and include remedies for these contingencies.

It is very difficult, if not impossible to cover all eventualities, but it is better to address as many as possible in the negotiation stage of formation than in court due to a breach.

If you are looking for a Contract Lawyer in Port St. Lucie FL, Stuart FL, or Jupiter FL, please give my office a call.