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Miami Business & Commercial Law Blog

Understanding consideration in contracts

No matter what type of business you run, you need to know something about contract law in order to survive.

At its most basic form, a contract is any agreement that's legally enforceable -- unlike a simple agreement between friends, there are certain rules that have to be met in order to make a contract legal:

Quality control is key to avoiding construction lawsuits

A good quality control plan can be the key to your project's success -- and the key to avoiding lawsuits later over problems and defects that were missed during construction.

If you've generally worked on smaller projects, a written quality control plan might be something that's unfamiliar to you -- because you've probably been "hands on" with every aspect of the design and the implementation of that design.

False advertising can lead to very real legal trouble

What's the difference between false advertising and a little promotional exaggeration?

Promotional exaggeration, or "puffery," is legal, even though you're making claims that can't be verified -- the kind that no reasonable person would mistake for the absolute truth. False advertising, on the other hand, makes claims that are intentionally misleading and designed to fool even reasonable people into believing that they're real.

Victims seek compensation from con artist's business associates

Did a realtor conspire with a number of businesses across the nation to cheat home buyers out of sizable down payments and the homes they thought they were buying?

That's the allegations leveled against a real estate agent living in Florida by at least eight victims. The victims mostly speak Spanish and were inexperienced as home buyers.

Dealing with a problem tenant? Don't help yourself into trouble

Sooner or later in your career as a landlord, you'll face a problem tenant that stops paying.

It's frustrating to go through the formal eviction process, especially because it can takes weeks or even months to complete -- which is a lot of time to go without more rental payments. However, no matter how tempting, don't engage in any sort of "self-help" evictions. They're illegal, and you can end up in more trouble than your tenant in the long run.

How do you handle a hoarder in your rental property?

A "hoarder" may make great television drama but having to deal with one in real life definitely isn't great for a landlord.

While it's important to remember that someone who hoards is suffering from a mental disorder and deserving of compassion, there are still practical problems that landlords have to address:

How do you handle an ex-employee's false online allegations?

How easy would it be for one disgruntled former employee to destroy your reputation? Ten or 20 years ago, an angry ex-employee's outburst on the local scene might create a momentary stir, but little more. Only someone with real influence could do any significant damage.

Thanks to the invention of social media and perhaps an all-too-human love of gossip, the average employee may now have more influence and power than you realize. Many employers have social media policies that control what their current employees post online about the company to some degree, but it's much harder to figure out a way to handle an angry and vocal ex-employee.

Ponzi scheme case ends in $17.4 million judgment

It has taken seven long years, but the victims of a precious metals Ponzi scheme may finally be able to recover some of their lost investments now that the court has entered a $17.4 million judgment against the investment company's founder for breaching his fiduciary duty to his investors.

The founder of Global Bullion Exchange LLC is already serving a 12-year prison sentence for his crimes. His company persuaded more than 1,400 investors, many of the elderly, to invest in precious metals. However, the company didn't actually purchase any precious metals for their clients -- instead, it used money from new investors to pay dividends to old investors, fooling them into believing them that the company was flourishing.

3 tips to help you avoid a costly contract dispute

Litigation is an almost inevitable by-product of a successful business -- but that doesn't mean that you don't want to take every step you can to avoid it.

One of the best ways to prevent litigation in the future is by thinking about it now, especially when you are drafting a contract. A little foresight can save you a fortune, while hindsight is usually an expensive lesson.

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Warren Gammill & Associates

Suite 400, Courthouse Plaza
28 West Flagler Street
Miami, Florida 33130

Phone: 305-579-0000
Fax: 305-371-6927

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