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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Attorney Jupiter FL

I am getting sued by my HOA

Hiring a lawyer because you have a dispute with your homeowners association or your condo association is usually not a concern prior to purchasing your home or condominium.  Many people purchase a home or a condominium with an association because they appreciate the appearance of the clean community, the amenities, and possibly the safety afforded a manned gate or security system.  The documents governing how the community is managed are just a formality and so is the interview process.  All that was needed was a signature acknowledging receipt of HOA documents, the payment of a fee, and an informal interview and then acceptance into the association.  However, it is very important  to understand how the community operates.  It is important to know and understand the rules and regulations.  It is important to know the finances of your new community.

When a dispute arises with an HOA or a Condo association, often it is the result of an infraction with an existing HOA rule.  The owner never read the rules and regulations prior to closing on the purchase of the home or condominium.  Sometimes these issues can be easily resolved.  However, there are many instances where these conflicts can become very heated.  For example, if an association is pet friendly, know the pet restrictions and follow them.  If there is only a certain number of pets or size limitation, do not purchase a unit where you have more than the number allowed or exceed the limitation.  If you decide to ignore these restrictions, be prepared to be cited.

Whether it is beneficial or detrimental, neighbors in associations concern themselves with the intimate details of their fellow association members.  Frequently, neighbors members take it upon themselves to patrol the grounds and make sure the association’s rules are followed.  Elected board members often take up the mantle as well.  The point of this digression is to make sure you do not put yourself needlessly in their sites.  Read and know your rules and regulations prior to considering the purchase.  Review the financial documents for the association.   Ask questions:  How often has the association has cited a member for noncompliance with the rules and regulations?  What is the most often issue associated with noncompliance?  What was the outcome of these noncompliant cases?  Find out the name of the Management Company hired by the board.  Go to the management company or call and ask questions.  Find out who is on the board and how long they have been on the board.  It is critical to get a feel for the association before you decide to take the plunge.

If the answers you receive do not fit your criteria, do not buy in that HOA.  Do not rely on what your realtor tells you.  They are concerned about the sales transaction, which is their job.  Albeit, there are some very solid and concerned real estate sales agents out there (I know from experience I am married to one), there is still no substitution for sound due diligence.  I have had people come into my office telling me what their real estate sales agent told them and then see their signature on the bottom of the page indicated they had received and reviewed the HOA documents.  If you need help reviewing HOA documents, real estate contracts, have a real estate issue, or end-up in a dispute with your homeowner’s association or condominium association and need a lawyer, give my office a call.

 

Real Estate Pre-Approval Letter

REAL ESTATE PRE-APPROVAL LETTER

An often over looked step when considering purchasing a home is obtaining a pre-approval letter prior to commencing your search.  This is not a legal issue per se.  However, it is a very important aspect of overall financial management.  When you are buying a home, it is important to know how much you can afford to spend.  Before you even begin looking, you will need to know whether or not you will be able to get a loan.  With the recent changes in legislation, it has become more difficult to obtain a mortgage.  It is also important to know how much you will need to put down; what your interest rate and estimated mortgage payment will be; how much you can anticipate your property taxes will run; an approximate estimate of your property insurance costs; and to evaluate the closing costs.  The mortgage pre-approval letter is the first step in this process.

When deciding on who to use as your lender, use a reputable lender.  You may also want to go to a reputable mortage broker.  The difference between a Bank and a mortgage broker is a bank offers its products only.  A broker may work with several lenders.  It is important to feel comfortable and confident in your lender.  If you are facing a purchase which is subject to strict time constraints, talk to not only the lender or broker making the promises meeting the time constraints, but look for reviews on the web and talk to your real estate sales agent to confirm the reputation of the lender or mortgage broker.  The last thing you want to have happen is to have a moving truck full of furniture and no place to put it

Below is a short video explaining the importance of obtaining a pre-approval letter prior to looking for a home.  If you have any issues with purchasing a home or commercial property and need legal assistance, please give my office a call.  I appreciate you taking the time to come to my website and watch the videos.  Thank you and have a great day.

Real Estate Contracts Lawyer Jupiter FL

Real Estate Contract Lawyer Jupiter FL

Buying or Selling a home is one of the largest investments most people will make in their lifetime, yet often they decide to proceed without an attorney.  You may ask yourself “Why should I hire a lawyer?”…”I have a real estate sales person.”  First of all they are not lawyers.  Second, unless you establish the fiduciary relationship up-front, your real estate sales person is a transaction broker and does not owe you a fiduciary duty.  There are many subtle nuances that can become extremely important when deciding to buy or sell a home in Florida.  Read all documents very carefully before signing.  Having a real estate lawyer that is not only familiar with the law but with the nuances of the transactions themselves can save you time and money.

There are issues that surface all the time in real estate transactions, from how much is the appropriate down payment to whether a condition precedent was waived.  Sometimes these issues can result in litigation which can result in monetary damages or specific performance.  One of the best methods to circumnavigate these issues is to hire a real estate lawyer before you sign anything.  If you are selling, before you list your home, give me a call.  If you are buying a home, call before signing a contract to purchase.

This is the first video in a quick series of videos about real estate transactions.  I cannot stress how important it is to call and retain me prior to signing any contract.  I can assist in negotiating your position with your real estate broker.  Most real estate sales agents are honest.  However, there are some real estate agents that are less than honest about aspects of the transaction or the parcel.  They say one thing, but the contract says something else.  When cornered they will say they were”puffing.”  “Puffing” is actually a term used by real estate agents to up-sell a property.  The problem arises when the “puffing” borders on fraud and when determining fact from fiction becomes a blurry line.  Before you commit to any real estate sales contract, give me a call.

I appreciate you taking the time to come to my website.  Please call the office, if you need some assistance.

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.

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.