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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Stuart FL Lawyer

Business Planning

Business Planning

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.

 

Personal Liability Business Contracts

Personal Liability in Business Contracts

When entering into any contract it is extemely important to know and understand the terms of the contract.  Often, clients have come into my office after unwittingly signing an agreement which included a personal liability clause.  There have also been situations in which the client signed as a guarantor which also included a personal guarantee for a friend or a relative.

In general, personal guarantees are a fact of life in business contracts including loans, franchise agreements, leases, etc…  That being said, nothing is set in stone.  It is important to negotiate before signing.  It is also important to know what you are negotiating before signing.  Just because a contract is printed or is a standard form doesn’t mean it cannot be changed.

It is important to consult with a lawyer before potentially creating a legal morass of unintended liability.  It is important to nip this in the bud.

If you are contemplating any contractual relationship, it is important to consult with a lawyer before signing the contract.  If you need a lawyer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call.  Thank you for taking the time to review my website.

Lawyer Port St. Lucie FL Free Consultation

Lawyer Port St. Lucie FL Free Consultation

There is always apprehension associated with contacting a Lawyer.  You wonder how much will it cost to sit down and talk to the lawyer.  Often, clients will forgo visiting an attorney and attempt to handle their own cases on their own only to put themselves in a more difficult position.  I offer a free consultation.  This affords you the opportunity to have your case evaluated and find out whether you feel comfortable with me and me with you.

If you are looking for a lawyer in Port St. Lucie, Stuart or Jupiter FL, please give my office a call.  We will schedule your free consultation.  Thank you for coming to my website.

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.

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.