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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Lawyer Stuart FL

Interference with Business Relations

Interference with Business Relations

Interfering with an existing contractual relationship is a viable cause of action.  It is available when there is an existing contractual relationship exists between the injured party, the plaintiff, and a third party and the defendant, knowing this relationship, intentionally interferes with contractual relationship inducing a breach or a termination of the relationship or expectancy from that relationship which causes harm to the plaintiff.

This is the legal definition.  To pursue this cause of action, the plaintiff must be in a position to prove each allegation to support their claim.  That means breaking down each element and demonstrating the existence of a business relationship with the third party, showing that the defendant knew of the business relationship and intended to interfere with that relationship and as a result the plaintiff was actually damaged by that interference.

On its face this would not be difficult to demonstrate, but there are many very subtle issues which can make this cause of action difficult to allege and prove.  It takes a thoughtful and thorough analysis of the surrounding facts and an application of the law to support a tortious claim of Interference with Business Relations.

If you feel you have been damaged by someone or a business that has interfered with a business relationship between you and your client/customer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call at (772)463-7737 and schedule a free consultation.  I appreciate you visit to my website and look forward to meeting you.

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.

I need a Lawyer in Stuart FL.

Why should I hire a Lawyer?

Randall A. Fischer a Lawyer Practicing in Stuart FL, Port St. Lucie FL, and Jupiter FL

It is interesting how often clients come into my office after an otherwise avoidable situation has mushroomed into an expensive lawsuit.  More importantly, they are placed in a weak or indefensible position.  The reasons are too numerous to list, but some of the most often repeated are as follows:

1.  I didn’t hire an attorney because it was too expensive.  What is interesting about this response is when I asked if they called any attorney to see what it would cost to assist with their transaction.  The response is usually no.  When considering any involved transaction it is critical to seek out an attorney, if only to have a second pair of eyes review the transaction.  You can usually get an estimated cost.  This is where an ounce of prevention is worth a pound of cure.  The costs of bringing a lawsuit can be staggering.  Why take that chance.  If you are facing a transaction which may be difficult to understand and/or where a large amount of money is going to change hands, please give me a call.  I will set-up an appointment.  We can discuss your concerns as well as any concerns I may have.  If you need a lawyer in Stuart FL, Port St. Lucie FL, or Jupiter FL, please don’t hesitate to contact me.

2.  A friend told me I didn’t need a Lawyer.  If you didn’t think you needed a lawyer, you would not have asked the question.  Asking for help is a difficult proposition for some people.  I have had several cases where clients thought they could handle a situation themselves only to find out they dug themselves into a very deep hole.  If you feel you are beginning to find yourself in a deepening hole and need to review your situation with a lawyer in Stuart FL, Port St. Lucie FL or Jupiter FL, please give my office a call and schedule an appointment.

3.  I have a friend who is a paralegal and they adviced me…non-lawyers practicing law in the State of Florida is a Felony.  There is a reason for that.  Many lawsuits find there genesis from the advise of a non-lawyer practicing law.  This occurs daily whether innocently or not and can result in very real harm.  If you need legal advice, consult with a lawyer.

4.  I didn’t have time to talk to a lawyer; they needed an answer right away.  Deals where there is not enough time to conduct reasonable due diligence and consult with an attorney should really be strictly scrutinized.  If it sounds to good to be true, it probably is.  If you jump in with both feet, you may then need to see me anyway.

5.  I went into a business relationship with a friend or a relative.  I was certain they would never do anything to hurt me…these scenarios can end up in some of the most brutal battles, which could have been minimized or at least mitigated with a solid contract or operating agreement.  These agreement can define the roles, the equity, the profits, and the responsibilities of all the parties involved.  The document becomes the businesses constitution.  It is drafted before problems arise.  If you are going into business with a family or friend and need to define your roles in Stuart FL, Port St. Lucie, or Jupiter FL, and need a Lawyer, give my office a call.

6.  Akin to 5 above is going into business with someone that does not believe in anything in writing.  I wish the world operated the way it used to (where a person’s word was their bond).  Unfortunately today, more often than not, many lawsuits result from agreement which were not written down or where there is a misunderstanding as to responsibility.

7.  I didn’t have time to read the agreement and did not want to waste money on an attorney.  Furthermore, everyone else was signing these agreements.  The problem is the language in the agreements is usually weighed in favor of the party drafting the document.  You may find you are taking personal responsibility for a corporate debt.  There may be obligations in the agreement to which you would never agree, but blindly sign.

8.  The salesman told me it was a standard agreement.  The salesman is a salesman.  He wants his commission.  Tell him you want to have your attorney to review the agreement and you will get back to him.

9.  Because of a prejudice view of Lawyers…Lawyers are all the same.  They are arrogant, good for nothing expensive windbags.  Oh and by the way, did you hear the one about the Lawyer that blah, blah, blah…  Most Lawyers are very competent and professional.  If you live in Stuart FL, Port St. Lucie FL, or Jupiter FL, and need a lawyer, please give me a call.

Please call me before it happens to you.  If you think you may need a lawyer, get a lawyer.