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Litigation2

What Happens After An Arbitrator Decides A Civil Dispute?

By Moran, Sanchy & Associates |

Many businesses prefer arbitration to litigation for resolving potential disputes with customers. To that end, many business contracts that customers are asked to sign include binding arbitration clauses. This means that instead of suing the company for breach of contract, the customer must submit to arbitration. The arbitrator’s final decision–known as an award–is binding… Read More »

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What Happens During The Probate Of A Florida Estate?

By Moran, Sanchy & Associates |

You may have heard the word “probate” used by estate planning lawyers without actually knowing what it means. In simple terms, probate is a court-supervised process for gathering and distributing the assets of a deceased individual. Put another way, probate is the administration of a person’s estate. The Goals of Probate Probate actually has… Read More »

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Supreme Court Rejects Claims Against TransUnion Over Credit Reports That Falsely Flagged Consumers As “Terrorists”

By Moran, Sanchy & Associates |

A credit report is a written document that contains sensitive information about your credit activity, such as how much credit you have and whether you make your minimum payments on time. There are three main credit reporting agencies in the United States, all of whom are subject to the federal Fair Credit Reporting Act… Read More »

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Does The Bank Have To Pay My Legal Fees If I Beat Their Foreclosure Attempt?

By Moran, Sanchy & Associates |

It is not uncommon for a consumer contract to contain a “unilateral attorney’s fee provision.” Basically, this means that the other party has the right to demand you pay their legal fees if they are later forced to sue you for failure to meet your contractual obligations. To help level the playing field, however,… Read More »

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How Do “Liquidated Damages” Work In A Breach Of Contract Lawsuit?

By Moran, Sanchy & Associates |

Business contracts depend on the good faith of both parties to perform their respective obligations. Of course, good faith is not always enough. If a breach of contract occurs, the non-breaching party will likely suffer some measure of legal damages. To address such contingencies, many contracts include a liquidated damages provision. In its simplest… Read More »

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Can A Business Enforce An Arbitration Agreement You Signed With A Third Party?

By Moran, Sanchy & Associates |

When you purchase goods or services online, you are often asked to click a box saying you agree to certain “terms and conditions” or “terms of use.” Buried in these terms there is often a binding arbitration clause. Basically, this means that if something goes wrong with your purchase and you want to sue… Read More »

Legal20

When Does A Landlord-Tenant Relationship Exist Under Florida Law?

By Moran, Sanchy & Associates |

Florida law provides various protections for both landlords and tenants in a rental relationship. Of course, this assumes a landlord-tenant relationship exists in the first place. In most cases, this is easy enough to prove–a landlord signs a written lease with the tenant. But there are situations where the existence of a landlord-tenant relationship… Read More »

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Can A Mortgage Foreclosure Sale Be Unwound After It Is Final?

By Moran, Sanchy & Associates |

If the mortgage lender forecloses on your home and auctions off the property, your options for “unwinding” the sale are quite limited under Florida law. Section 702.036 of the Florida Statutes–known as the Finality of Mortgage Foreclosure statute–protected bona fide third party purchasers from challenges to their title to the foreclosed property. Outside of… Read More »

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How COVID Moratoriums Do Not Protect Against All Eviction Actions

By Moran, Sanchy & Associates |

The COVID-19 pandemic created a lot of legal issues for residential landlords and tenants alike. In July 2020, the governor of Florida issued an executive order that suspended all eviction proceedings arising from “non-payment of rent” by a tenant “adversely affected” by the ongoing emergency. That order expired on October 1, 2020. Separately, the… Read More »

ConcernedCouple

What Happens If I Can’t Pay My Rent? Will I Be Evicted?

By Moran, Sanchy & Associates |

Many tenants end up in a situation where they cannot pay their rent. But does it mean that you will be evicted if you get behind in your rent due to a legitimate excuse such as the loss of job, injury, illness, or others? Since each situation is unique, it is advisable to consult… Read More »