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Articles and information on commercial litigation, business disputes, real estate litigation. Call (954) 440-0901 or email info@carlinfirm.com

Does a Business Contract Need to Be Reduced to Writing to Be Enforceable?

May 19, 2017

As a Fort Lauderdale business lawyer, one of the most common questions that my business clients have is whether their business contracts need to be reduced to writing.  Like so many answers to legal questions, the answer to this question is, “It depends.”

Florida’s “statute of frauds” provides that, to be enforceable, the following types of agreements must be in writing and signed by the party against whom enforcement of the agreement is sought:

  • A promise by any person to answer or pay for the debt or obligation of another person (also known as a surety obligation);
  • Any agreement made on consideration of marriage;
  • A contract for the sale of lands, tenements, or heriditaments, or of any uncertain interest in or concerning them or the lease of them;
  • Any agreement that is not to be performed within the space of one year from the making of a contract; and
  • A guarantee, warranty, or assurance of any health care provider as to the results of a medical, surgical, or diagnostic procedure performed by a licensed physician, osteopath, chiropractor, podiatrist, or dentist.

Thus, in the  business litigation context, the most common types of agreements that are subject to the statute of frauds are: (a) those to pay the debt of another (e.g., a personal guaranty of a promissory note); (b) an agreement relating to the transfer of real estate; and (c) an agreement that cannot be performed within one year from the date of the contract.  If you find yourself in any of these situations, then you should make sure that your agreement is reduced to writing, or else the contract may be unenforceable in court, potentially causing your business significant loss.

If you are involved in a business dispute in Fort Lauderdale or anywhere else in Florida, please call a business attorney Ft Lauderdale at (9544400901 to schedule a consultation.  The Carlin Law Firm, PLLC regularly provides legal advice to all kinds of business entities and regularly assist clients with litigating business disputes in Florida state and federal courts.

 

A “Notice of Lis Pendens”: A Valuable Tool in Fort Lauderdale Real Estate Litigation

May 4, 2017

A common dilemma in Florida real estate litigation is preventing the property that is the subject of a lawsuit from being dissipated during the lawsuit.  For example, if A invested money to purchase real estate purchased by B, and B endeavored to sell the property without providing with his proportionate share of the sale proceeds, what could A do to prevent the sale of the property during the pendency of his lawsuit against B for breach of contract? READ MORE

Infographic : The Need for Business Lawyers

March 31, 2017

There are hundreds of laws governing businesses, and every industry has its own rules and regulations. This has generated a widespread need for business lawyers. Most business owners running a small enterprise or business are unfamiliar with many kinds of business laws. READ MORE

Florida Business Litigation Appellate Update: Forum-Selection Clauses

March 16, 2017

Florida Business Litigation Appellate UpdateI recently wrote about the enforceability of forum-selection clauses in Florida business contracts.  The Florida Third District Court of Appeal recently issued an opinion enforcing a forum-selection clause.  A full copy of the opinion can be found here.

The case, Quick Cash, LLC v. Tradenet Enterprise, Inc., involved a business contract between two corporations, one of which filed suit in Florida.  The defending corporation moved to dismiss the lawsuit, because the contract in question provided that jurisdiction and venue would be in another State.  READ MORE

Non-Compete Agreements: A (Potentially) Enforceable, Effective Way to Protect Your Florida Business

March 15, 2017

Non-Compete AgreementsAs a Florida business owner, how would you feel if you devised a fool-proof system of generating profit within your industry, only to find that one of your employees left your business, plagiarized the system that you spent months (if not years) devising, and began directly competing with you?  The answer is obvious—angry, furious, betrayed, disappointed, frustrated.  The list goes on.  Fortunately, however, there’s a solution to this extremely common problem: a Florida non-competition (or “non-compete”) agreement. READ MORE

Are Fort Lauderdale ADA Lawsuits Abusive?

March 14, 2017

Fort Lauderdale ADA Lawsuits AbusiveI have been a Fort Lauderdale ADA lawyer for nearly a decade, having defended numerous lawsuits in the Southern District of Florida in each of the Miami, Fort Lauderdale, and Palm Beach divisions.

I remember watching the below video shortly after becoming immersed in the area. After years of development within the area of the law, it is still one of the best journalistic expressions of the problems surrounding ADA litigation. If you’ve recently been served with an ADA lawsuit in a Florida federal court, then it is a definite “must-see.”

http://stosselintheclassroom.org/videos/ada_law_leading_to_lawsuit_abuse/

READ MORE

Preparing for Fort Lauderdale Business Litigation (or Elsewhere): Forum-Selection Clauses

March 6, 2017

Preparing for Fort Lauderdale Business LitigationIn my last blog post, I wrote about the importance of including in a Florida business contract an “attorney’s fees” provision that permits a party to a contract to recover its attorney’s fees from the other party to the contract if it sues over the contract and “wins.”  Moreover, I alluded to the existence of other important provisions in Florida business contracts, but did not specify those provisions. READ MORE

An Essential Provision in Every Florida Business Contract: An “Attorney’s Fees” Provision

March 2, 2017

An Essential Provision in Every Florida Business ContractAs a Fort Lauderdale commercial litigation attorney, my Florida business clients frequently request that I review and draft their contracts.  In addition to capturing the parties’ intentions regarding the key aspects of the transaction for which their contract is drafted—and avoiding ambiguities and inconsistent provisions that might fuel a potential business dispute—most business contracts contain certain boilerplate terms that will be “virtually the same” in every contract.  These provisions are included for good reason (they’re important!), even though lawyers may differ as to what they should say.  READ MORE

Florida Real Estate Litigation: Deed Defects and Curing Deed Defects

February 9, 2017

Florida Real Estate LitigationFew areas create real estate disputes in Florida more frequently than defective conveyances of Florida real estate.  The topic often appears in the context of a challenge to the validity of a deed transfer after the grantor named in the deed has passed away.  Of course, once the grantor is dead, he or she is no longer capable of executing a new deed to effectuate his or her wishes.  Thus, beneficiaries of such a grantor’s estate usually stand to benefit from having the deed set aside, because the absence of the transfer increases the size of the estate in which they are entitled to share. READ MORE