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Liquidated Damages Provisions Unenforceable: Alternatives

orlando real estate litigation attorneys dewitt law firm

Published: February, 2011 The Florida Supreme Court recently ruled that a liquidated damages provision similar to that found in the Florida Bar/Florida Association of Realtors Real Estate Contract (the “FAR/BAR Contract”) is unenforceable. The Court in Lefemine v. Baron, held that a liquidated damages clause will not be enforceable if the contract also gives the non-defaulting party the right to bring an action at law for accrual damages. The Court reasoned that providing for an option to seek accrual damages means that “the parties did not have the mutual intention to stimulate to a fixed amount as their liquidated damages in...

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Helping Your Business Succeed – The Legal Way

I've seen all too often that in an effort to get businesses up and running, business owners often throw form invoices, contracts and other business documents together just to have something for customers to sign to evidence the products or services bought or delivered. No one can fault business people for wanting to get on with business. After all, no can come in until the business is up and running. What often happens, however, is that once the business is up and running the business owner forgets that the original invoices and contracts were thrown together hurriedly. Until there is a...

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Going Through a Divorce… Knowing When to Seek Professional Help

Divorce is often a traumatic experience that strikes to the heart of families and individuals. It is often a difficult time not only emotionally but also financially. Those financial difficulties often make it harder to admit that you need professional help. To save money, many people try to handle the legal aspects of their divorce themselves. This is not usually the wisest course. Even if you and your spouse agree on the terms of your divorce, it is often prudent to have an attorney draft the marital settlement agreement and the final divorce decree. This can avoid so many problems...

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Why We All Must Care About The Law

Why We All Must Care About the Law By: Sherri K. DeWitt, Esquire DeWitt Law Firm, P.A. Our legal system is fundamental to the freedoms we enjoy. These freedoms are set forth in our state and federal constitutions, statutes and common laws. The legislature passes statutes or makes the laws, the executive branch enforces the law, and the courts interpret them. The court’s interpretations of the law can have a significant impact on our rights and freedoms. An employee, for instance, may be sued for violating a non-compete agreement. The Florida Legislature has passed and amended numerous laws regarding non-compete agreements. The courts have...

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Deciding On The Best Business Entity

The choices for business entities are expanding, often making it confusing to decide what kind of business entity is right for you. The choices include: Sole Proprietorship, Corporation, General Partnership, Limited Partnership, Limited Liability Company, along with numerous choices for structuring these entities. An informed decision of which entity is best for your business involves an evaluation of numerous legal as well as other factors. You may know, for instance, that a corporation affords your business certain protections from liability which you would not have as a sole proprietorship. To take advantage of this protection, it is necessary to maintain...

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