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 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.

Pedestrian Accidents FL

Pedestrian Accidents FL

An unexpected accident, such as walking across an intersection and being hit by a car, can turn your life upside down.  One minute everything is fine and the next you are being hurried to a hospital in the back of an ambulance or worse.  The impact of this kind of incident can be devastating on almost every aspect of your life.  You injuries alone are a tremendous setback but what about your livelihood.  How are you going to make ends meet?  This is when you need to contact a lawyer that can help you navigate these issues and maximize the compensation to which you are entitled.  This is when you need to contact the Law offices of Randall A. Fischer, P.A.  Randall Fischer is a lawyer practicing law in Stuart, Port St. Lucie and Jupiter, Florida.

I will personally oversee your case.  I will come to you in the hospital or home if you are unable to come to my office.  I will use all the resources at my disposal to make sure you receive the compensation to which you are entitled.  I will contact the insurance company(ies) involved and hold them accountable.

In the event your injuries are the result of the drivers negligence, which can result from any number of potential situations, such as:  Texting while driving, failing to obey traffic signs, distracted driving, driving under the influence of alcohol or other intoxicants, etc…we can examine the fact surround the incident and ascertain  the resources available to maximize the compensation to which you are entitled.

It is important to know you have a lawyer willing to go the extra mile and work on your case as hard as you would yourself; a lawyer who is diligent, tenacious, and caring.  I will let you know what is going on with your case and will keep you informed at every step of the process.  If this is the kind of lawyer you are seeking, look no further.  Call the Law offices of Randall A. Fischer and I will schedule your consultation.

I appreciate you taking the opportunity to look at my website.  Thank you and I look forward to seeing you.

Nursing Home Abuse Lawyer

Nursing Home Abuse

Nursing Home Abuse Lawyer

The last thing you would expect to happen at a nursing home is abuse.  The statement is an oxymoron and for nursing home abuse to occur is contrary to the institution itself.  Yet, it occurs all too often.  In efforts to keep costs down, many nursing homes and elder care facilities routinely have employed individuals with criminal records and improper licenses/educational backgrounds.  Improper care can have dire consequences.  In an ABC news story citing a congressional study, prepared by the minority (Democratic and Independent) staff of the Special Investigations Division of the House Government Reform Committee, found that 30 percent of nursing homes in the United States — 5,283 facilities — were cited for almost 9,000 instances of abuse over a two-year period, from January 1999 to January 2001.  What is surprising about the result of this study is many of the violations were preventable.  Quoting this same ABC news article,

“Common problems included untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene, the report said.  Many of the abuse violations caused harm to the residents, the report said.  In 1,601 cases, the abuse violations were serious enough “to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” it said.”

Making the decision to enter a nursing home or placing a loved one in the care and trust of others is a big and very difficult decision.  What really is difficult to understand is when you or your loved one abused by that same facility.

Reported violations only scratch the surface.  Many nursing home violations go unreported.  It is important to understand the difference.  If you feel as though a loved one has been abused or neglected at a nursing home it is important to contact a lawyer.  The statute of limitations for nursing home neglect is 2 years and runs from the date of the incident or from the date the incident was discovered.  If need are looking for a lawyer that will tenaciously protect your loved one’s interests and make sure your loved one receives the proper care, justice and compensation to which they are entitled, give my office a call.

Thank you for taking the time to visit my website.

 

What is a Motion for Summary Judgment?

What is a Motion for Summary Judgment?

Either party may file a motion for summary judgment.  The filing party is requesting the court to rule on the case as a matter of law.  This means there are no questions of fact in dispute.  The motion is used to expedite the resolution of a dispute.  Affidavits, pleadings, depositions and other evidence which would be admissible at trial are reviewed by the Judge to determine whether there is a question of fact.   The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, admissions, affidavits, and other materials as would be admissible in evidence on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.

Motions for summary judgment can be used for almost any legal action.  However, actions regarding the contract disputes lend themselves readily to use of this type of resolution.  Most recently here in Florida, foreclosure actions have taken stage front and center, many of which have been disposed of through the Plaintiff’s use of the Motion for Summary Judgment.

If you are involved in a dispute which may result in litigation in Stuart FL, Port St. Lucie FL, or Jupiter FL and need a lawyer, please give my office a call.  It is important to address your legal rights before you get to a point where the opposition has either filed for a default or for a Motion for Summary Judgment.