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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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.

Federal Courthouse

The New Federal Courthouse in Fort Pierce, FL

Alto Lee Adams Sr US Federal Couthouse Fort Pierce FL

In March of 2012, the new Alto Lee Adams Sr. U.S. Federal Courthouse was dedicated.  Criminal and Civil cases are heard here as well as grand jury proceedings.  Bankruptcy proceedings as of the date of this post are still heard in West Palm Beach, FL. The courthouse has district and magistrate courtrooms and also houses the U.S. Marshals Service, U.S. Attorneys Office and the U.S. Probation and Pretrial Services System. This courthouse services the Fort Pierce Division of the U.S. Southern District of Florida which encompasses St. Lucie, Martin, Indian River, Okeechobee and Highlands counties. The Alto Lee Adams Sr. U.S. Federal Courthouse is located at 101 South U.S. Highway 1, Ft. Pierce, FL.  at the intersection of U.S. 1 and Orange Ave. in Downtown Fort Pierce, FL.  The phone number for the Fort Pierce Division of the U.S. Southern District of Florida is (772) 467-2300.


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.