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

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.

 

Slip and Fall Lawyer Stuart FL

Slip and Fall Lawyer Stuart FL

Slip, Trip and Fall Hazards


It is important to understand how these incidents arise, whether there exists a duty, and have you been injured.  There is also the issue of comparative negligence.  If you are careless or knowingly place yourself in a potentially dangerous situation, you may not be entitled to recover compensation for your injuries.  Slip, trip and fall hazards can be very involved.  They are subject to the situation at that specific time.  Videos, witnesses, reports, and conditions are integral in providing supporting evidence for your case.

Often someone will trip on something or slip on a wet surface and, because of their embarrassment, convince themselves it was due to their own lack of coordination.  There is this inherent misconception.  Usually, there is an underlying cause to which you may or may not have contributed.  A wet floor, an uneven surface, or some other anomaly may have contributed to or caused your fall.

Whether or not the property owner knew or should have known about the potential slip, trip and fall hazard is another issue.  Was there a duty?  Did the owner have reason to know or should have known about the potential hazard?  Is there more than one party responsible for the maintenance of the location where you fell?  These are questions of law.

If the incident was simply a stumble and the individual regained their balance, there are no injuries and therefore, no damages.  However, if you fell and it resulted in an injury, you could be incapacitated and require medical attention.

If your case meets these criteria, you could be awarded monetary damages for your injuries which could include compensation for medical costs, lost wages, permanent disability, emotional distress and other damages directly related to your injury.

If you or a loved one has been injured as the result of a slip, trip and fall and need a zealous advocate in your corner, give me a call.  My name is Randy Fischer of Randall A. Fischer, P.A.  I am a Lawyer with offices, in Stuart, Port St. Lucie, and Jupiter Florida.

What is a Limited Liability Company?

What is a Limited Liability Company?

Lawyer Stuart FL, Port St. Lucie Fl, and Jupiter FL

A limited liabilty company is a vehicle through which business can be conducted without many of the statutory constraints afforded a corporation and benefits that are not available to a C corporation.  The limitation of liability associated with an LLC along with the passthrough of profits and/or losses are tremendous attributes when considering which business entity to create.

Since an LLC operates more like a partnership, it is the operating agreement that is of key importance.  The operating agreement is just that an agreement upon which the members of the limited liability company intent to conduct business.  If time is not properly spent on thoughtfully constructing this agreement prior to creating the business, then the disputes which may arise later could have dire consequences.  What happens if there is a death of the managing member?  Who controls what interest?  How are decisions made?  What is my investment?

These are just a few of the critical questions that need to be addressed in the operating agreement.  Many clients think it is just a matter of filing the LLC with the state and then when something happens there is nothing but problems and expense.  That is why it is important to consult with a Lawyer before deciding what entity to use and how to mitigate liability and taxes.  I am a Lawyer in Stuart, FL that can help.  I also have Law offices in Port St. Lucie FL and Jupiter FL, as well.

If you have any legal questions, please go to the home page, review the menus on top and on the left column, or call my law office.