What does Duress Mean?
Duress may have been mentioned in the past as a method by which someone could break a contract, however, what does duress mean? Legally, it is a set of circumstances whereby the individual under duress involuntarily accepted the terms of another; that those circumstances permitted no other alternative and that those same circumstances were the result of the coercive acts of the opposite party. That is a mouthful and may appear to be a bit confusing.
I have heard clients arguing duress as a defense when they had many alternatives available and although they perceived they were under a coercive pressure, it was more a perception than a reality. Duress is a viable defense. For example, the video below mentions signing a contract or there will be serious bodily harm. That, it could be argued, is duress. However, duress is not as cut and dry as it would first appear. Issues as to whether the party arguing duress behaved in a voluntary or involuntary manner or whether there existed no other alternative.
Whether or not there is another alternative is a very intriguing proposition when addressing the question: What does Duress mean? Often, clients argue they signed under duress because the contract they signed or the agreement they made was the best alternative considering their situation. It was not the optimal outcome and often far from it. However, there is a perception of pressure which has placed them in this difficult position. Unexplored alternatives is one of the very reasons it it important to discuss your options with a Lawyer prior? Duress is a viable defense but should be carefully analyzed to see if it is a viable defense.
I hope this brief discussion has been helpful. If you find yourself in a difficult situation and feel you have no other alternative, call a lawyer. If you live in Stuart, Port St. Lucie or Jupiter, give my office a call. It is important to make the call before you get into a situation whereby you have to assert duress as a legal defense. The only way to find out is to make the call.
I appreciate the time you have taken to review my website. Thank you and have a wonderful day.
What does indemnification mean?
Law Firm serving Stuart, Port St. Lucie and Jupiter FL
Indemnification is not a term to be taken lightly in a contract. When one party indemnifies another, they are agreeing to compensate or guaranteeing against the loss of another party. In layman’s terms, the person indemnifying is agreeing to pay for or cover the losses of the party they are indemnifying. Indemnification is a method of shifting the risk associated with a contractual relationship. It is very important to understand the context of how the term is used in a contract to fully evaluate the potential exposure when entering the agreement.
Know what you are agreeing to before you agree to it. Indemnification is not just a big legal word. It carries huge potential implications. If you are negotiating a contract or are co-signing an agreement as a guarantor, or entering a lease, or any other agreement, it would behoove you to contact a lawyer to review it before you sign. After you have signed it, it is too late. You have already agreed to the terms.
If you need lawyer to review or help negotiate a contract in Stuart, Port St. Lucie or Jupiter FL, please give my office a call.
Thank you for visiting my website!
This importance of business planning at the onset of any venture cannot be stress enough. In my practice, I see many businesses that fail due to improper planning at the outset. This planning has many dimensions. Many businesses fail because they do not property analyze and assess their market prior to making a commitment to begin the business, others fail because they are undercapitalized, others fail because there has been no contingency for the death of a principal, others lack the proper structure and organization, and still others fail for personal issues between the principals. There are a multitude of issues which can surface during the operation of a business which can ultimately lead to its demise. Therefore, before jumping into business take the time to thoroughly examine the potential issues first and plan contingencies to address them.
Your financial and marketing business plan should be carefully completed and reviewed by a third party professional. Your business structure should be crafted to address your business growth plan and demands. Issues regarding the potential dissolution should be addressed in the operating documentation to clear-up any ambiguities and to tackle the issues head-on. This should not be an area that is avoided because one of the principals may take offense or will not negotiate or simply believe everything has been clearly stated without written documentation signed by the parties agreeing to the structure.
There are many issues which from accounting methods to the disbursement of profits that need to be address at the inception in order to make sure the business runs smoothly and that all of the parties are on the same page. This is not the time to be shy. Do these before you begin the business and save yourself a world of heartache, financial grief down the road.
If you are planning on going into business address as many issues as possible, have the documentation reviewed by professionals including a lawyer, business consultant, banker and an accountant.
If you need assistance with setting up your business, please give my office a call.
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
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.